A bill that would require courts to presume that both parents going through a divorce have equal access to their children at the moment papers are filed is headed to the full Legislature.
Supporters say the bill is necessary to end the courts' practice of awarding temporary sole custody to the parent who initially files for divorce, a practice they say hinders children's right and expectation to spend time with both parents as the divorce proceeds.
Opponents say the bill opens up the already emotional proceedings to more conflict and litigation in a system that is swamped with it.
Rep. Ron Bigelow, R-West Valley, said he believes no matter what the conflict, "it's best to keep both parents involved with the children, even if litigation increases." Divorced parent Brian Lamano, who is a member of Focus, a group that lobbies in favor of having both parents involved in all stages of divorce, said there is absolute unfairness in Utah courts.
Several studies of family behavior show that children in joint custody do as well as children in intact families and better than those in sole custody, he said.
"Priority in custody rulings should be given to equal access," Lamano said, "not given just because one parent wants it."
The bill was approved Wednesday with one vote against by the Legislature's interim Judiciary Committee. The bill is to move ahead to the floor of the full Legislature as is, but it is also being sent to the bar association for input between now and January.