House committee endorses adding nondiscrimination statement to child custody statute

SALT LAKE CITY — Julie Anderson gulped back tears to explain to state lawmakers why they need to amend Utah's child custody statute.

The Andersons believe had their son, Jared, been awarded custody of his 3-year-old daughter Aubree Jo, the child would not have died in a car accident with her impaired mother behind the wheel. Toxicology tests found Oxycontin and marijuana in Brandi Stilke's system when the single-car accident occurred on Feb. 23, 2011, in Harrisville.

"If we had been a bit more diligent, perhaps, it wouldn't have happened," Anderson told members of House Law Enforcement and Criminal Justice Standing Committee Tuesday afternoon. 

Anderson testified on behalf of HB88, which would add to Utah's divorce statute a statement that the court may not discriminate against a parent based on age, race, color, national origin, religious preference or gender.

The bill's sponsor, Rep. Ryan Wilcox, R-Ogden, said the bill's intent is to ensure courts carefully consider the circumstances of both parents in the cases of divorce, dispatching the antiquated notion that the mother is better choice.

Aubree Jo's mother had a long history of drug use, Anderson said. Even though her son had a full-time job and Anderson had quit her job to care for her granddaughter, custody was awarded to Stilke.

The family brought evidence to child welfare and prosecutors to no avail, Anderson said.

The Andersons were told, "unless the mother was in a hospital or a coffin there was nothing they could do," Julie Anderson said. "It was a very chilling premonition of what was to come."

Casey Stallone, a single mother, told committee members that she backed the bill. "As a single mom, I can say I see a lot of sway toward the mother," in awarding custody, she said. "I think the field should be equal, who's the better parent at the time. My hope is there could be an amicable joint custody situation, but protecting the children."

"In my mind, no discrimination is a no brainer," said Dan Deuel, of the American Parental Action League, speaking on behalf of the bill.

Relatives from both sides of Aubree Jo's family addressed the committee. All spoke in favor of the bill. All acknowledged her history of drug use.

Lisa Glenn, Stilke's mother, said she believed Aubree Jo would be safe with if she was with her. "But you don't always know what your kids are doing," she said. The bill "is a way we can remember Aubree in a positive way."