UtahH.B. 3032026 General SessionHouse

Family Court Amendments

Sponsored By: Paul A. Cutler (Republican)

Signed by Governor

Child Custody/Parent TimeFamilyMental HealthAttorneysJudicial AdministrationJudicial Operations

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 0 costs, 2 mixed.

Safer, cheaper rules for court‑ordered therapy

Beginning May 6, 2026, if the court orders therapy for a child, parents must try to agree on a licensed provider. If they cannot, each gives three qualified names and the court picks, favoring in‑network coverage, ability to pay, and nearby locations; the court should prefer the parent with medical decision authority absent good cause. The court cannot require a provider’s membership in a specific professional group, and it should not make a child miss school unless no reasonable alternative exists. A therapist cannot serve in another case role if that creates a conflict. Courts cannot remove a child or cut contact with a competent, nonabusive, bonded parent just to fix a relationship, and any reunification in abuse cases must be proven safe, effective, and focused on the violent parent’s behavior.

Strong limits after sexual‑conception conviction

A parent convicted of a sexual offense that led to the child’s conception cannot get custody or parent‑time. Two narrow exceptions apply: the other parent or guardian agrees and the court finds it best for the child, or the parents later live together and create a shared custodial environment.

Help with legal fees and support

Beginning May 6, 2026, courts in divorce, custody, support, and protection‑order cases can order one party to pay the other’s legal and expert witness fees when the requester cannot pay, the other party can, and the fees are needed and reasonable. Courts can also award fees to the party who substantially wins an enforcement action. Judges can order temporary money for a spouse and child while the case is pending, and can change interim orders before the final judgment. The court cannot find you lack money for fees just because you choose not to work or earn far less, unless you are actively job‑seeking, caring for a child or vulnerable adult, or between seasonal or project jobs.

No bias on gender or medical cannabis

Courts may not treat a parent worse because the parent agrees or disagrees with a child’s asserted gender identity or sexual orientation. Courts may not treat lawful medical cannabis use differently than lawful use of other prescribed drugs. Courts also may not punish a parent for being a medical cannabis worker or cardholder.

Safer custody rules for abuse cases

The law defines coercive control and requires judges to consider it when deciding custody and parent‑time. If there is evidence of domestic violence, the court must put the child’s and victim parent’s safety first and may treat a protective order as evidence of harm. Beginning May 6, 2026, expert testimony in domestic‑violence custody cases must come from professionals with real experience helping victims. If a protective or stalking order is in place, the court must consider third‑party exchanges for visits, and can authorize police enforcement only with a specific finding of need.

Shared parenting baseline and clear schedules

The court uses a preponderance of the evidence standard to decide a child’s best interests. Unless someone proves real or likely harm, the law presumes children should have frequent, meaningful time with each parent. Advisory parent‑time schedules are the minimum time for a noncustodial parent. Courts must write reasons when they change those schedules. Virtual parent‑time by phone or video can supplement in‑person visits. Joint physical custody means more than 30% of overnights with each parent and both also pay for the child’s expenses.

New custody evaluation system and standards

Beginning May 6, 2026, courts can order custody evaluations only if parties can pay. The courts use an AOC roster that lists evaluators’ contact info, fees, and license status. Evaluators must hold specific licenses and complete at least 18 hours of recent training. If parents cannot agree on an evaluator, each lists three names and the court picks from the joint list; the order must say who pays and the deadlines. Evaluators must be neutral, disclose conflicts, and their reports are advisory. Parties can ask to remove an evaluator for bias, conflicts, delay, noncompliance, or misconduct. When domestic violence, abuse, substance abuse, or serious mental illness is at issue, evaluators must have proper expertise or consult specialists and assess danger.

Sponsors & Cosponsors

Sponsor

Paul A. Cutler
Republican • House

Cosponsors

Michael K. McKell
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 192 • No: 2

House vote • 3/6/2026

House/ concurs with Senate amendment

Yes: 67 • No: 1

Senate vote • 3/5/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 25 • No: 0

Senate vote • 3/5/2026

Senate/ substituted

Yes: 0 • No: 0

House vote • 2/26/2026

Senate Comm - Substitute Recommendation

Yes: 6 • No: 0

House vote • 2/26/2026

Senate Comm - Favorable Recommendation

Yes: 6 • No: 0

House vote • 2/19/2026

House/ passed 3rd reading

Yes: 68 • No: 1

House vote • 2/11/2026

House Comm - Substitute Recommendation

Yes: 10 • No: 0