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New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

Welcome back to our feature on new laws from the 2019 Utah Legislative Session.

In 2019 the legislature amended section 30-3-34. Some amendments were good, some bad.

One good thing that the legislature did in amending section 30-3-34 is repealing the portion of the statute that previously read, “In awarding custody the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interest of the child.” Why, you may ask, would it be good to repeal this? I’ll tell you why. Because it presumed that one parent is more likely to act in the best interest of the child than the other. Why would there be such a presumption? Why must we presume that one parent must be better or worse than the other? Here’s the link to Section 30-3-34.

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