Comments on: New Holiday Standard Minimum Parent-Time in Utah as of May 5, 2008

By: Holly

Holly — Thu, 09 Jul 2009 03:16:11 +0000

In the summary there are parts that state specifically “at the election of the NCP…” Does this imply that on the alternate years the CP would get the same elections? For example, during extended parent time for the NCP, when the CP is entitled to parent time, can the CP elect tp pick up the kids at 9AM? Or does the CP only get 5:30-8:30 mid-week visit. Another example, can the CP elect to take the entire weekend attached to the holiday as the NCP can?

By: Rebecca

Rebecca — Tue, 19 May 2009 06:37:33 +0000

@Wendi: Both of these questions depend somewhat on what your Decree actually says. As for your first question, I do not know how restrictive a court would be if the non-custodial parent did not make the election at the time of the court order. I suspect that as long as the non-custodial parent made the election within a reasonable period of time and didn’t jump all over the place changing that election, the court would be unlikely to permanently deny the non-custodial parent to have that parent-time. However, it really depends very much on your circumstance, the language of your order, and the facts of your case as the commissioner or judge sees them.

If your Decree contains a “first-option to provide care” provision that may affect your second question. If your Decree is not specific about what to do in that circumstance, all we can turn to is the language of the statute for guidance.

Thank you for stopping by our blog. Because your questions appear to be specific to your case, we cannot give you direct legal advice but are restricted to pointing to logic, our experiences in court generally, the Code, and case law. Your own court orders often hold the key to the answers in your case. If you would like a free consultation, please call us and we can look more closely at your documents.

By: Wendi

Wendi — Fri, 24 Apr 2009 19:36:57 +0000

It also says “at the election of the noncustodial parent…” additional time may be taken (i.e., from the time school get out as opposed to 6 pm). It also says “Elections should be made by the noncustodial parent at the time of entry of the…court order…”. Does this mean that if the noncustodial parent has not elected at the time the order was put into effect to take the elections, they can’t take them at a later date (unless by mutual agreement, court order, or change in child’s schedule)?

Also it mentions that “a step-parent, grandparent, or other responsible adult…may pick the child up…if the parent will be with the child by 7pm”. Does this include extended parent-time in the summer? For example, let’s say the NCP works during the week and can’t take the time off of work to take 2 weeks uninterrupted. Can the NCP send the minor to extended family if NCP will not be able to spend time with the minor?

By: Rebecca

Rebecca — Mon, 13 Apr 2009 22:05:56 +0000

@Shaun: Generally the commissioners and judges are telling us that parties should follow the holiday time that was in place by code at the time of the parties most recent order, unless there has been other stipulated agreement or unless your order provides otherwise.

@Kimberlee: Agreed. The statute makes a completely muddy allotment of extended parent-time. We are uncertain how the courts will read subsection 2(k). The court could interpret it to mean four consecutive weeks, two uninterrupted by any parent-time (except holiday time to the other parent) followed immediately by two weeks of parent-time in which the other parent has one mid-week visit of a few hours, but not the weekends. OR the courts could interpret that the time can be taken in two separate blocks of time, each one being two consecutive weeks. OR the courts could interpret that the time during in the “interrupted” two weeks is to be greater weekday time than just that one brief statutory mid-week evening. It is impossible to know, particularly when so many parties are following slightly different parent-plans than the parent-time set forth in Utah Code as a minimum.

If anyone has had this issue heard by a court and received a ruling, we would love to have you comment on this blog. Thanks!

By: Kimberlee

Kimberlee — Tue, 24 Feb 2009 05:56:18 +0000

I was just reading the response above concerning extended summer parent-time, but still seemed confused by the way it reads. It states Extended parent-time with the noncustodial parent may be:
(i) up to four weeks consecutive at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
But, then when it states that two of those weeks are only weekends for the non-custodial parent that seems like a contradiction. Why would it state “up to four weeks consecutive” if really it is only two weeks and then weekends? We already have my step-daughter on every weekend, so in this case the remaining to weeks is no benefit to us.
Is it possible to argue that stating “up to four weeks consecutive” then stating “weekends only” is a contradiction? Could we still try to get 4 full weeks and give the custodial parent only 2 based on this contradiction?