But the bill is a wolf in sheep's clothing; a home and relationship wrecker at heart. It could tear apart functioning families, as well as bonds between children and loved ones.

If approved, the measure would shred decades of case law, or common law, that has been carefully crafted by the family courts to protect children from vindictive adults. It attempts to codify the concept of in loco parentis, legalese for acting in the place of a parent. But it does a poor job.

Case law has established in loco parentis as a permanent relationship, not easily torn asunder. SB248 officially renders it "temporary." Case law requires courts to act in the best interest of children in regard to child custody, visitation rights, adoptions, legal guardianships and other matters. SB248 lowers the standard to merely making sure the biological parent is fit, and that the child won't be harmed.

And in child custody cases where children are being raised by grandparents or stepparents, it would give marginal biological parents - mere egg producers and sperm providers - preference in the eyes of the law.

So why would they do it? Here's the kicker.

The proposed statute, sponsored by Sen. Curt Bramble, R-Provo, is a retread of last year's House Bill 148, which was drafted in response to a case where a lesbian couple with a child split up and a court granted visitation to the nonbiological mother. That sounded a whole lot like recognition of gay marriages, so the Legislature tried to tip the scales in favor of biological and adoptive parents. They didn't want that to happen again.

Gov. Jon Huntsman Jr. wisely vetoed the bill. Now Bramble has redrafted it, adding a few lines to try to appease critics, such as guaranteeing grandparents and stepparents their limited statutory rights.

A court could also deny privileges to a biological parent if that parent might harm the child. But the bill sets the standard too high, requiring "clear and convincing evidence" of potential harm.

Every custody case is as different as the people involved. That is why a judge should continue to have the discretion to decide what, all things considered, would be in a child's best interest.

Granting custody to a biological parent isn't always the best outcome. That is why in loco parentis case law should be preserved.