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Utah's New Shared-Parenting Law

8/21/2015

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Utah DivorceChild in Utah Divorce
During the Utah 2015 Legislative Session the legislature passed House Bill 25, which gives Utah courts the ability to increase parent-time for non-custodial parents. Utah standard visitation has historically been every other weekend and one evening a week. You can see our section on parent-time for all the specifics, but essentially under the old law the non-custodial parent would get the children for 110 overnights, or about 30% of the time. Under the new law the non-custodial parent would get the children for at least 145 days, or 40% of the time. Judge's can increase parent-time by giving the non-custodial parent an overnight visit on Wednesday and/or Sunday. 

This new model is in line with what Utah Custody Evaluators have been recommending in situations where both parents are fit. In addition, the Journal of Epidemiology & Community Health did a study of various custody arrangements and determined that children that spent significant time with both parents were less stressed and less prone to delinquent behavior. See Fifty moves a year: is there an association between joint physical custody and psychosomatic problems in children?  

Said National Parents Organization Founder and Board Chair Ned Holstein, M.D., M.s., “With research increasingly showing that children desperately want and need both parents after separation or divorce, I’m encouraged to see Utah lawmakers act on the evidence and bring state laws in line with what’s best for families. Now, it’s time for many other states to follow Utah’s lead and work to bring shared parenting and parental equality to more family courtrooms throughout the United States.”

Utah is at the forefront of shared parenting as it is one of the first states to pass a shared-parenting law. Nearly 20 other states are considering similar legislature, and I'm sure will look to Utah's example and model in determining whether the law is beneficial.  But regardless of what other states do, it appears non-custodial parents and children in Utah will benefit from the new legislation. 

Contact Pearson Law Firm for a free consultation with an experienced Utah divorce attorney. Call 801-888-0991
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    Jared B. Pearson is an experienced attorney that has been litigating in Utah for over 9 years. Jared specializes in family law, bankruptcy, and criminal defense.

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