This is the second part of a five part series on frequently asked questions (FAQs) in Family Law.  This question is really two questions, obviously.  But the two are very intermixed and they are often asked in conjunction with each other.

I’m going to give you an answer that is exactly what you’d expect from a lawyer (and probably this type of answer is what makes lawyers widely despised).  THE ANSWER IS….    IT DEPENDS.

Before you “Google” away to another site, stick with me here!   You’ll see that this answer is a good one; one that a client can USE to his or her advantage.

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This is the first in a five part series regarding frequently asked questions (FAQs) that family law attorneys hear all of the time.  In any situation, there are many variables and facts that impact the advice you get from a lawyer, so never rely on statute provisions alone and certainly do not rely on blog entries!  However, we want to help point people in the right direction by providing some references to Utah Code provisions that may be helpful regarding questions that arise often. 

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Utah Code Annotated section 30-3-35 has been revised, effective May 5, 2008, to provide a different rotation of parent-time for Holidays as compared to the statute provision in past years.  In the code, “Custodial” generally is used as a reference to the parent who has primary custody or more parent-time and “non-Custodial” generally refers to the parent who has less parent-time.  Remember to refer to your current court orders as a reference because the statute changes may not apply to every situation.

The following is the new holiday schedule for custodial parents in even-numbered years and non-custodial parents in odd-numbered years:

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