Senate Bill 1309 Summary

• Creates new Chapter 17 of Title 32 (De Facto Custodian Act) establishing a legal framework for third parties to obtain custody of children they have cared for and supported.

• Defines "de facto custodian" as an individual who has been the primary caretaker and financial supporter of a child residing with them for 6+ months (if child under 3 years old) or 1+ year (if child 3 years or older), excluding children in court-ordered placements or whose parent the caregiver was married to or cohabiting with.

• Requires courts to find by clear and convincing evidence that a petitioner meets de facto custodian requirements before considering whether custody is in the child's best interests, which must then be proven by preponderance of the evidence.

• Grants de facto custodians who obtain court orders the same legal rights as parents, including access to records, authority to make guardianship decisions, and the ability to seek modifications or termination of custody orders.

• Allows de facto custodians to initiate guardianship proceedings under Section 15-5-207 and establishes standing for de facto custodians in guardianship cases under Section 15-5-213.