Divorce doesn't usually sever the relationship a child has with either of his parents. But in up to one-fifth of divorces, the court has to intervene to assure that a non-custodial parent is allowed to visit with the children.

Sometimes bitterness stands in the way. A custodial parent (traditionally the mother, although that is changing) may even ignore court-ordered visitation.The Social Services Interim Committee is considering a bill that would establish a "residential schedule," outlining precisely how much time each parent would have with children. The bill also lays out penalties a judge can levy if a parent denies court-ordered access to the child.

After listening to lengthy testimony both for and against the bill, panelists said the issue is too complex and important to decide without careful study. They will ask members of the Legislative Management Committee to approve formation of a task force to study that and other issues surrounding divorce.

Third District Judge Leonard H. Russon told lawmakers that such a bill is "duplicative. The bill is calling for basically what we do anyway. But it seems to want to tie it down and make it mandatory. It doesn't give a judge discretion. I agree with the concept that we need to pretty well tie down what visitation is, but not to the point there can't be some leeway."

Rep. Kelly Atkinson, D-West Jordan, spoke of a need for "something on the books that says . . . there's going to be some consistency.

"We don't have a problem with child support now. We passed a law about it. But we do have problems with visitation - and with people being denied what they're entitled to."

Atkinson said such a law would not take away a judge's discretion to do what is best for the child. "Let's give you all the discretion to set the visitation." But if the custodial parent doesn't honor the schedule, he said, something should be done to protect the noncustodial parent.

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Ross Anderson, an attorney who shares custody of his 7-year-old son with his ex-wife, said Utah needs a "more comprehensive approach to custody arrangements." He also lauded the bill for not using the word "visitation," which he characterized as destructive. "If a parent is only a visitor in that child's life, the relationship is going to be severely endangered."

There should be a "societal expectation" that parents and children will maintain a relationship, Anderson said.

In the past, visitation and child support were sometimes tied together, according to Dennis Donithorne, Utah Fathers and Children Together. A father who wasn't allowed to see his child might not feel he should have to pay support. Child support guidelines divorced those issues. But the real issue for the non-custodial parent, according to Donithorne, is "make-up visitation rights." He said that the bill talks about attorney's fees and civil penalties for disobedience. But what he'd really like, as a non-custodial father, "is make-up visits. I want that time with my children."

Heidi Sorenson, a member of Justice for Children, said parents don't just deny visitation rights to be mean. In some cases, she said, there are issues like child abuse. If they think the child is being harmed, she said, they will ignore a court order.

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