Courts will have more flexibility in children custodial fights under approved bill

Parental figures, even if not the actual parents, will gain better standing in Utah courts.

People who aren't blood relatives but are like family to thousands of Utah children will get legal standing in Utah courts during child custody deliberations and visitation decisions under a bill that received final approval in the House on Thursday.

Step-parents, grandparents, siblings, some extended family members and legal guardians who have an established relationship and continuing interest in the well-being of a child are for the first time being recognized as a legally important relationship. The bill instructs courts to factor in their involvement when weighing what's best for children who are orphaned or caught in the middle of a divorce battle.

SB186, which was approved in the Senate earlier this week, doesn't give family and extended family a say in such cases but grants them standing with the court, said House sponsor Kay McIff, R-Richfield.

"This defines that situation when you move beyond a blood parent," McIff said. "Without the bill, the blood parent, no matter how far removed from fulfilling the parenting role, would still have deference."

The legislation was written in response to a ruling by the Utah Supreme Court, which overturned a lower court's decision to grant a step-parent child visitation after the couple separated. In a ruling made a year ago, the court found that a domestic partner in a separated same-sex couple had no right under Utah law to seek visitation of her ex-partner's biological daughter.

The lesbian couple had agreed to have a child and raise it together then separated when the child was 2 years old. The ex-partner petitioned and received a lower court ruling granting visitation. The judge said it was in the best interest of the child to have both women involved in the child's life.

It may have been in the child's best interest, but granting visitation is not afforded to the ex-partner under Utah law, the Supreme Court ruled in striking down the decision. In order for visitation to be granted, current law would have to be changed, the ruling stated.

Lawmakers took that as an invitation to work some flexibility into the law. Ironically, not enough was added to afford equal protection for same-sex couples.

"This bill doesn't go that far," McIff said. "It covers siblings, aunts, uncles, grandparents, step-parents who have created a relationship within the legal definition of marriage under our law. I've had that discussion of whether others should be included, but that waits another day."