New Utah Law Prioritizing Child Safety in Custody

 

This guest post is from Cassidy Pettit, Regent Law Family Law student:

Child safety is always a concern when determining child custody, and in the most recent judicial session the state of Utah has taken a huge step in protecting children during this process. Utah has placed a large focus on children and families and has often been recognized throughout the country as a leader in the family law arena. The most recent judicial session of the Utah Senate led to changes in the Utah code sections generally categorized as the rules used for family law issues. One of the biggest changes included a unanimous vote by the Utah Senate on “Om’s Law” which is a law focused on child safety in custody decisions.

“Om’s Law,” known as Utah House Bill 272, was passed into law in March 2024. This bill came about from a family who advocated for this change after tragedy struck when their 16-year-old son was killed by his father last year. Om’s Law directs judges to prioritize child safety in making custody decisions and requires them to consider evidence of domestic violence in those cases. The bill is modeled after a federal law and a similar law went into effect in Colorado last year. The code now lists that there is a rebuttable presumption that joint legal custody is in the best interest of the child, except when there is evidence of domestic abuse. This bill is attempting to reconcile allegations of abuse by one parent to allegations of alienation by the other.

This law has multiple different measures laid out all to protect children against abuse. Some of these measures include boosting training on these topics for judges and court officials, only allowing expert testimony, and prohibiting judges from removing a child from the custody of a competent, protective, and bonded parent. All these measures have been met by some opposition, with opponents concerned that this bill doesn’t give enough weight to allegations of psychological harm compared to physical or sexual abuse, raising concerns that this could hold courts back from properly responding to what are confirmed cases of parental alienation. 

Overall, the law seems to be a good first step towards protecting more children and finding a balance between two big factors regarding child custody, working toward better family restoration.