Updated 12/2025
Big Changes for 2025: The “Great Renumbering”
If you are looking for Utah Code 30-3-35, you won’t find it. Effective September 1, 2024, the Utah Legislature completely overhauled the family law code, moving almost everything from Title 30 to the new Title 81.While the rules for holiday parent-time remain largely the same, the statute numbers in your divorce decree might look different now. Here is the new cheat sheet you need for 2025:
- Old Code 30-3-35 (Standard Schedule for kids 5-18) → Now Utah Code 81-9-302
- Old Code 30-3-35.5 (Schedule for kids under 5) → Now Utah Code 81-9-304
- Old Code 30-3-35.1 (Optional “Expanded” Schedule) → Now Utah Code 81-9-303
Intro
In Utah, “parent-time” is the legal term for what most people call visitation—the time a child spends with the parent who does not have the majority of overnights. When parents can’t agree on a schedule, Utah law creates a standard minimum parent-time schedule for children ages 5–18, now found in Utah Code 81-9-302 (formerly 30-3-35). This standard schedule includes both a regular weekday/weekend rotation and a detailed holiday and school-break rotation.
For many families, this standard schedule is what the court orders, sometimes with a few tweaks. Other families have 50/50 schedules or customized plans that look different from the “minimum.” But even then, the holiday and break rules in the code are often used as a starting point or as a tie-breaker when parents disagree about who gets a particular day.
This article is meant to help you translate the statute into plain English so you can see:
- how the regular parent-time rotation works,
- how holidays and school breaks (Thanksgiving, Winter Break, Spring Break, etc.) are divided between parents, and
- what happens when two schedules conflict (for example, when a birthday or Father’s Day falls during the other parent’s weekend or summer time).
You do not need to memorize the statute or become a lawyer to use this guide. The goal is to give you a clear road map you can use at home when you’re trying to figure out “who gets what time” under a standard Utah parent-time order.
In the code, “Custodial” generally is used as a reference to the parent who has more parent-time and “non-Custodial” generally refers to the parent who has less parent-time. Your Decree of Divorce may state which one you are.
Important: Remember to always begin by referring to the most recent court orders or decree. Orders or decrees may differ from the code and the orders/decree have priority over standard code provisions. If the orders/decree refer to the code, parents should follow the code as it was at the time of their court order! That is the law of their case.
Note on Discussion Below: There are many comments on this post from previous years referencing “30-3-35.” Please be aware that while the advice on how to split holidays is still generally relevant, the code section numbers discussed in those older comments are no longer in use.
The Standard Holiday Schedule (Children 5-18)
Reference: Utah Code 81-9-302(12)
Many Utah “standard” parent-time orders for children ages 5–18 are based on the holiday schedule in Utah Code 81-9-302 when the parents haven’t agreed to something different. Just like under the old 30-3-35, most holidays alternate between the custodial and non-custodial parent in odd- and even-numbered years. Your status as “Custodial” or “Non-Custodial” does not change from year to year—what changes is which parent has a particular holiday in a given odd or even year, as shown in the chart below.
Key Updates to Watch For:
- Juneteenth: This is now permanently codified in the holiday schedule.
- Fall Break: Still commonly referred to as “UEA Weekend,” though the statute simply calls it Fall Break.
The Rotation Schedule (2025 & Beyond) (See the chart below for which parent claims the holiday in Even vs. Odd years)
| Holiday | Time Period | Odd Years (2025) | Even Years |
|---|---|---|---|
| Martin Luther King Jr. | Friday (9 a.m., after school, or 6 p.m.) – Mon 7 p.m. | Non-Custodial | Custodial |
| President’s Day | Friday (9 a.m., after school, or 6 p.m.) – Mon 7 p.m. | Custodial | Non-Custodial |
| Spring Break | 6 p.m. day school lets out – 7 p.m. day before school starts | Non-Custodial | Custodial |
| Memorial Day | Friday (9 a.m., after school, or 6 p.m.) – Mon 7 p.m. | Custodial | Non-Custodial |
| Juneteenth |
If day before isn’t Father’s Day: day before 6pm – day after 6pm; |
Custodial | Non-Custodial |
| July 4th | July 3rd @ 6 p.m. – July 5th @ 6 p.m. | Custodial | Non-Custodial |
| July 24th | July 23rd @ 6 p.m. – July 25th @ 6 p.m. | Non-Custodial | Custodial |
| Labor Day | Friday (9 a.m., after school, or 6 p.m.) – Mon 7 p.m. | Non-Custodial | Custodial |
| Columbus Day | 6 p.m. day before – 7 p.m. on Holiday | Custodial | Non-Custodial |
| Fall Break | 6 p.m. day school lets out – 7 p.m. day before school starts | Non-Custodial | Custodial |
| Halloween | After school (or 4 p.m.) – 9 p.m. | Custodial | Non-Custodial |
| Veterans Day | 6 p.m. day before – 7 p.m. on Holiday | Non-Custodial | Custodial |
| Thanksgiving | Wed (after school or 6 p.m.) – 7 p.m. day before school resumes | Custodial | Non-Custodial |
| Winter Break (1st Half) | Begins 6 p.m. the day school lets out for winter break; includes Christmas Eve & Christmas Day. Ends December 27 at 7 p.m. |
Non-Custodial | Custodial |
| Winter Break (2nd Half) |
Begins December 27 at 7 p.m.; includes New Year’s Eve & New Year’s Day. |
Custodial | Non-Custodial |
Exceptions & Clarifications
- Mother’s Day & Father’s Day: These always go to the respective mother or father (9 a.m.–7 p.m.), regardless of the year.
- Birthdays: The code splits this into the day of the birthday and a ‘day before/after’ block. In even years, the non-custodial parent gets the actual birthday (3–9 p.m.) and the custodial parent gets a 3–9 p.m. visit the day before or after. In odd years, those roles flip.
- The “School vs. Work” Rule: Remember, under 81-9-302, if a holiday falls on a Friday or Monday and you are free from work and the child is free from school, you may be entitled to keep the child for that extra day, extending the weekend.
Order of Precedence Under Utah Code 81-9-302(6)
When schedules collide, which parent-time “wins”?
Legal fights often flare up when schedules overlap — for example, when a child’s birthday falls on Thanksgiving, or Father’s Day lands in the middle of Mom’s summer vacation week. Utah Code 81-9-302(6) solves this by creating a clear “order of precedence”: a simple ranking of which schedule wins when two schedules conflict.
Think of it like a stack of trump cards. The higher card wins, and the lower one drops out for that day. Here’s the order, from strongest to weakest:
- Tier 1 – Mother’s Day & Father’s Day: The top trump cards.
Mother’s Day is always with the mother (or the parent designated for that holiday in your order). Father’s Day is always with the father (or the parent designated in your order). Under 81-9-302(6)(a)(i) and the holiday table in 81-9-302(12), these days beat everything else — weekends, regular holidays, and even summer vacation. If there is a conflict, Mother’s Day or Father’s Day wins.
- Tier 2 – The Child’s Birthday.
The child’s birthday (and the “day before/after” birthday time) normally takes precedence over other holidays and over extended summer parent-time. There is one critical exception: if a parent is exercising uninterrupted extended summer time and has taken the child away from that parent’s residence, the birthday does not interrupt that trip. In plain English: if Dad is on his uninterrupted week and takes the child to Disneyland, Mom’s claim to the birthday visit is suspended for that year. Birthdays do not beat Mother’s Day or Father’s Day.
- Tier 3 – Other Holidays (Thanksgiving, Winter Break, Memorial Day, Halloween, etc.).
All other holidays in the statute come next. They override the regular weekend and mid-week rotation. For example, if it is Dad’s “normal” weekend but Mom has Memorial Day on the holiday rotation that year, Mom gets the Memorial Day holiday period — even if that means Dad’s usual weekend gets skipped without make-up time, unless your decree says otherwise.
- Tier 4 – Extended Summer Parent-Time.
Extended summer parent-time under 81-9-302(3) (up to four weeks for the non-custodial parent, plus two uninterrupted weeks for the custodial parent) sits above the regular rotation but below holidays and birthdays. Those summer weeks can displace normal weekends and mid-week visits, but they still yield to Mother’s Day, Father’s Day, and the child’s birthday (subject to the travel exception), as well as the other listed holidays.
- Tier 5 – Regular Weekend & Weekday Rotation.
Finally, the alternating weekends and any mid-week visits are the “baseline” schedule that fills in the gaps. This is the lowest tier. Whenever a higher-tier event (holiday, birthday, or summer week) overlaps, the higher-tier schedule wins.
This hierarchy is built directly into Utah Code 81-9-302(6) (previously found in 30-3-35 before the 2024 “Great Renumbering”). If your decree simply says you follow the standard schedule in the code, this is the “which schedule wins?” roadmap courts and commissioners use when two schedules collide. Always start with your specific decree, because if your order is different, the order controls.
Enforcing Parent-Time
What if the other parent doesn’t follow the schedule?
A parent-time schedule is a court order, not a suggestion. Both parents are legally required to follow it, even if they disagree with how it works or feel the other parent isn’t “earning” their time. At the same time, most everyday parent-time problems are treated as a civil issue, not a police matter.
Don’t call the police for ordinary parent-time disputes (unless there is danger)
If the other parent is late, refuses a visit, or keeps the child longer than ordered, most law-enforcement officers in Utah will say they cannot “swap the child” or force a parent to hand a child over on the spot. They usually treat parent-time issues as civil disputes and will only act directly if there is an immediate safety concern or a crime such as kidnapping or child abuse.
- If you believe your child is in immediate physical danger, call 911.
- If the issue is missed, late, or refused parent-time, the court — not the police — is the place to fix it.
Step 1: Go back to your written order
Start by carefully re-reading your most recent decree or custody/parent-time order. Make sure you understand:
- the exact exchange times and locations,
- how holidays and breaks are supposed to work, and
- whether your order has any special provisions that differ from the “standard” schedule.
If your order is different from the default code section, you must follow your court order.
Step 2: Document what is happening
If the other parent repeatedly ignores the schedule, keep calm and start a paper trail:
- Save text messages or emails about exchanges.
- Write down dates and times when visits were denied, cut short, or delayed.
- Note any witnesses.
This documentation can become important if you later ask the court to enforce the order.
Step 3: Try to resolve it (if it is safe to do so)
In lower-conflict cases, a short written message that quotes the order and asks to get “back on the court-ordered schedule” can sometimes fix the problem without a court fight. Do not retaliate by withholding child support or by violating the order yourself — Utah courts expect both parents to keep following all parts of the order, even if the other parent is not.
Step 4: When court involvement makes sense – Motion to Enforce Order
If the other parent continues to violate the schedule, Utah courts allow you to file a Motion to Enforce Order (sometimes called a Motion to Enforce Domestic Order). This is the current name for what used to be called an “Order to Show Cause.”
In a Motion to Enforce, you ask the judge or commissioner to:
- confirm that there is a valid order,
- find that the other parent is not following it, and
- order consequences, which can include make-up parent-time, money judgments (for things like travel costs), attorney’s fees, or, in serious cases, contempt sanctions such as fines or jail time.
Utah law also provides an Expedited Parent-time Enforcement Program (now found at Utah Code 81-9-102, formerly 30-3-38) that allows faster hearings for certain parent-time enforcement issues in some courts.
Forms and self-help resources
For people representing themselves, Utah’s state courts offer:
- “Motion to Enforce Order” forms through the Online Court Assistance Program (OCAP), and
- a self-help page on Enforcing a custody or parent-time order that explains the process and possible outcomes.
Talk to a lawyer about your specific situation
This section is general information, not legal advice. If the other parent is not following the schedule, especially in a high-conflict or safety-risk situation, it is wise to speak with an attorney who can review your specific orders and help you decide whether a Motion to Enforce, a modification, or some other remedy is best in your case.
Frequently Asked Questions About Utah Holiday Parent-Time
What is the new Utah code for standard holiday parent-time in 2025?
As of September 1, 2024, the Utah Legislature renumbered the family law codes. The standard holiday schedule for children ages 5–18, formerly known as Utah Code 30-3-35, is now found in Utah Code 81-9-302.
The optional “expanded” schedule is now 81-9-303, and the schedule for children under 5 is 81-9-304.
Which parent gets which holidays in Utah (Odd vs. Even Years)?
Utah law rotates major holidays annually. In odd-numbered years (e.g., 2025), the non-custodial parent generally has holidays like Martin Luther King Jr. Day, Spring Break, July 4th, Labor Day, Fall Break (UEA), and the first half of Winter Break.
The custodial parent has President’s Day, Memorial Day, July 24th, Halloween, Thanksgiving, and the second half of Winter Break. These roles typically flip in even-numbered years.
How is Christmas and Winter Break divided between parents?
Utah law splits Winter Break into two equal halves. The “First Half” begins the evening school lets out and ends at 7 p.m. on December 27th (this includes Christmas Eve and Day).
The “Second Half” begins at 7 p.m. on December 27th and ends at 7 p.m. the evening before school resumes (this includes New Year’s Eve and Day).
In odd-numbered years, the non-custodial parent takes the First Half; in even-numbered years, they take the Second Half.
What is the “Order of Precedence” when parent-time schedules conflict?
Utah Code 81-9-302(6) establishes a 5-tier hierarchy to resolve conflicts. From strongest to weakest:
- Mother’s Day & Father’s Day (Top Priority)
- The Child’s Birthday
- Specific Holidays (e.g., Thanksgiving, Halloween)
- Extended Summer Parent-Time
- Regular Weekend/Weekday Rotation
A higher tier always “trumps” a lower tier.
Does a child’s birthday override summer parent-time or holidays?
Generally, yes. The child’s birthday sits at “Tier 2” in the hierarchy, meaning it overrides regular holidays and summer time.
However, there is a key exception: if a parent is exercising uninterrupted extended summer parent-time and is traveling away from their residence with the child, the birthday visitation does not interrupt that trip.
How does Juneteenth work in the Utah parent-time schedule?
Juneteenth is now permanently codified. If Juneteenth falls on a day where the day before is NOT Father’s Day, the holiday runs from 6 p.m. the day before until 6 p.m. the day after.
If the day before IS Father’s Day, the Juneteenth holiday begins at 9 a.m. on the holiday itself to respect the Father’s Day schedule.
Can I call the police if the other parent violates the holiday schedule?
Generally, no. Police in Utah view parent-time disputes as civil matters and will usually not intervene unless there is an immediate safety concern (like physical danger).
The proper enforcement method is to document the violation and file a Motion to Enforce Order in court.
Hello, Ms. Long Okura!
Thank you for all the time you’ve spent reviewing and answering these questions – there so much helpful info in here!
My NCP and I have two kiddos with two different school-holiday schedules. This year, Spring Break – which he is awarded – falls on one week for one Kiddo and the following week for the other Kiddo. Meaning: they are not off of school on any of the same weekdays.
30-3-35.5 says: “(10) If there is more than one child and the children’s school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent’s half of the holiday, the children may remain together for the holiday period beginning the first evening that all children’s schools are dismissed for the holiday and ending the evening before any child returns to school.”
How does this apply when the kiddos on not on holidays the same week?
Gosh M. Carman, I’ve been not answering questions for awhile. So sorry that your question is getting such a late response, but I will respond to your question because it may help others who have same situation. This is a really good question and it MUST come up for parents but I’ve not actually seen a commissioner deal with it directly except in the the easiest circumstance. The usual EASY situation is that kid A gets out for Spring Break on March 15th and the kid B gets out on March 18th and kid A goes back to School on March 22nd, but kid B goes back on March 25th. In that case, the code (now found at 81-9-302(9)) would dictate that the parent exercising the holiday can chose to only do the days that the children are BOTH available because they are out of school and not exercise holiday parent-time on the days in which there is only one child out of school. In this example, the parent could choose to have the children only March 18 through March 21 and could not be accused of “failing to take parent-time.”
In the case of the children having two different weeks but with a weekend overlapping, the NCP could choose to either 1. take each kid for that child’s one week Spring Break, with the kids together at NCP’s on that overlapping weekend; or 1. to take only the overlapping weekend. NCP is the one who gets to choose.
Hope that clarifies!
Rebecca
30-3-35 states “For extended parent-time with the child under Subsection (3)(d) and at the election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of parent-time with the child”
It also provides a penalty if a parent fails to provide notification of his/her plans for exercising extended parent-time: “the complying parent may determine the schedule for summer break for the noncomplying parent.”
My question is this: Does the fact that extended parent-time can be exercised “the election of the noncustodial parent” mean that extended parent-time is optional? What if the noncustodial parent simply refuses? What good is the penalty clause in the code?
Or should it be read that the election to exercise extended parent-time was made at the time of entry of the divorce decree?
6(a) states that “except that the election may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child’s schedule.” Is this also a way for a noncustodial parent to avoid exercising extended parent-time? A child’s schedule is constantly changing with school and extracurricular activities.
Hi J, thanks for the question! This comes up often. What if a parent declines or refuses to take the parent-time he or she was awarded? When one parent does not exercise the parent-time he or she was awarded, those days become, of course, the parent-time of the other party. So if Party B is awarded 2 weeks of uninterrupted extended Summer parent-time and the deadline to elect that time passes without Party B making his election, Party A can say to that person, “Hey, you missed your deadline to pick for yourself so now I’m telling you that you have parent-time from August 1 to August 15 (14 overnights).” And then August 1 comes and Parent B doesn’t show up. His failure to exercise that parent-time has no consequence and the court will not force him in any way to take time he doesn’t want. Of course, this in essence might force Party A to have weeks with the children that she wasn’t expecting but the courts simply see that as being a better parent. Eventually, if Party A is smart and keeps good track of what time is not taken, the evidence of failing to take awarded parent-time can in some circumstances be used to decrease Party B’s future parent-time and/or increase Party B’s child support.
Best of luck!
Regarding summer extended parent-time, as per standard parent-time without any stipulated exceptions, can the NCP ‘bookend’ the extended time with regular rotation weekends and ‘pause’ the extended time for his holiday and regular rotation weekend?
In the schedule submitted the NCP begins one week of extended parent-time on the Monday immediately following his regular rotation weekend making what is supposed to be 1 week of interrupted time actually being 10 consecutive days (overnights) total. This is the same situation for the other 1 week of interrupted time adding 10 more consecutive days.
For his 2 uninterrupted weeks he submitted the following…
*July 14-21 (Week 2): first of two consecutive weeks of uninterrupted parent-time.
July 24: holiday and part of his two consecutive weeks of uninterrupted parent time.
July 25-Aug. 1 (Week 3): second of two consecutive weeks of uninterrupted parent-time.*
The weekend beginning July 22nd is his is the regular rotation making his total time submitted for what is supposed to be 2 weeks a total of 18 consecutive days (overnights).
This all adds up to being 38 days of extended time vs 28 days to total the 4 weeks.
Is this way of scheduling considered to be compliant with the standard parent-time schedule?
Hi Kathryn, while there are definitely strategies for building up time, there are some rules. Holidays trump all other time, so let’s say that Party B has Fourth of July this year which falls on a Monday and so is contiguous to the weekend so Party B gets the entire weekend and then the next weekend is Party B’s weekend on the regular rotation, and then he tops it off by taking his 2 uninterrupted weeks from that Monday for 14 overnights, yup. All of it would be his. Holidays trump all other time, and extended parent-time lays ON TOP of regular rotation. What a parties CANNOT do is break up their extended parent-time during it on and off taking a day here and there so that they never overlap it with their regular rotation. Extended parent-time is to be “consecutive” and at most can be divided into two periods or two weeks (and if the other parent has a holiday during that two weeks- the other parent still gets her holiday!). So while he can abut his extended time with his regular rotation, where I think a court would disagree with him is that he is dividing his time into weeks rather than two week increments.
Hope that helped, if not, let me know.
If the NCP has Memorial Day this year and the last day of school is on Thursday, May 26, and Thursday is NCP weekday visit from time school let’s out til 8:30pm, can NCP start holiday on Thursday night and keep them overnight?
It is unclear since it is the last day of school. Do we go by summer rules or in-school rules? There is no school on Friday and it is contiguous to the holiday (and NCP weekend). Do you have input?
I should mention also, that we go by 30-3-35 from December 2014.
Back in 2014 and also now, Utah Code Annotated contains language that says holidays included days where school is not scheduled that are “contiguous” to the holiday. Therefore, if the child doesn’t have school on Friday, and the holiday is defined as Friday after school Friday through the Monday holiday, then all day Friday is contiguous and the parent who is to exercise Memorial day gets the whole time starting Thursday after school. Holidays trump weekends so we don’t even have to get into what the regular rotation of parent-time would be. Best of luck!
Does the non custodial parent get to choose their 4 weeks first and then the custodial parent can pick? Or can the custodial parent pick their dates first ?
Speaking of summer Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
Hi C Mark, Utah Code 30-3-35 only says this:
(n) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days before the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
It’s not a lot of guidance but basically it’s first come first serve if done prior to 30 days before the end of the child’s school year. Note however that HOLIDAYS trump extended time so if you put your extended time over a holiday that has been assigned to the other parent, you will lose that day without a make-up.
Do the “extended holiday period” in 35.1 trump a non-custodial parent’s midweek parent time? For example, he has Thursdays as his midweek overnight and this Monday is a holiday but Friday is a teacher workday with no school. In even years the custodial parent get: “Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled”. Would the custodial parent get parent time beginning at the end of school on Thursday and the non-custodial parent gets no time that week because of the holiday?
@Justine. Yes holiday time trumps regular rotation of time including mid-week visits. The code says that if a holiday has days off of school “contiguous” to that holiday, they are all part of the holiday time. So if the holiday is Monday but there is no school Friday, Saturday, and Sunday, then they are all part of the holiday and parent-time starts Thursday after school.
I had a question about holiday time. I am the custodial. In 30-3-35 it says the NCP can have the children when released from school that Friday of a holiday weekend. Does the custodial parent get that too when it’s his holiday or do the children go to NCP for 3 hours and then back to me for the holiday weekend at 6pm.? It’s was supposed to be the NCP’s regular parent weekend.
Hi Shon, yes it’s a problem in the way the code uses the language of the NCP. The point really is that on your Fridays of the weekend, the CP can also start from school release.
Salt Lake, Jordan, Granite, Canyons, Alpine & Davis school district students are released from school for Winter Break on the afternoon of Friday, December 17th. If the holiday ends Sunday, January 2nd at 7 p.m. (the day before school resumes) and you are following Utah code 30-3-35:
“(viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b), including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.”
By my calculations for 2021 it would be 7 p.m. on December 25th as that would make the time evenly split for the time the child is out of school. However, the code states the first portion of the Christmas school vacation shall include Christmas Eve and Christmas Day.
So based on the time being equally divided and the first portion including both Christmas Eve and Christmas Day, when would the parent time exchange for the second portion of the holiday occur?
Hi L.D., You have calculated correctly. School gets out on Dec 17th and ends the evening of Jan 2nd. That is 16 overnights (the first overnight is Dec 17 and the last is Jan 1st ending Jan 2nd). So 1/2 is eight overnights. That is an exchange of parent-time at 7 p.m. Christmas Day.
If the school district was December 17th thru January 3rd, what would be the exchange?
How does the reintroduction period work after the 7th week? It reads like this:
A. One midweek visit from 5:30 to 8:30 PM
B. Every Saturday or Sunday 9:00 AM to 7:00 PM for three weeks
C. On the 4th week, he will have the kids from Friday 6:00 PM to to Saturday noon for three weeks
D. On the 7th week, he will have the kids every other weekend from Friday 6:00 PM to Sunday 7:00 PM
On the documents it states that the father will have the kids every other weekend, but he’s been insisting that he still gets the kids for the weekday visit too. I tried to argue that that was only for the first weeks because in never stated that it wasn’t in addition to the new schedule, but at this point I’m not completely sure.
It’s hard to know without all of the surrounding documents and context, but I can see why he reads “A” to be every week. Notably, a mid-week visit every week as well as weekends ever other week is standard minimum parent-time in Utah, so it is likely that a court would read this as weekly regardless of what happens in B, C, and D.
Best of luck!
Just wanted to point out that there are a lot of new questions and answers on this blog entry. Comments toward the bottom apply to older versions of the code but still may help- just remember the code may have changed. Thanks for sharing this blog with us.
Hello-
With 35.1 extended summer break is the custodial parent entitled to over nights during the interrupted two weeks phase? Or is like 5:30-8:30?
Interrupted parent-time is extremely confusing and not all parties apply it the same way. This is what the code says about Summer or Extended parent-time:
(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
(n) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days before the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
This code provision suggests that the “interrupted parent-time” includes mid-week overnights but not weekends IF there are mid-week overnights usually held by the non-custodial parent. In other words, the custodial parent gets the non-custodial parent’s (or OTHER parents) parent-time. So if the non-custodial parent usually does NOT have any overnights in the middle of the week, then the custodial parent doesn’t get overnights in that 2 week interrupted period.
Notably, HOLIDAYS trump all other arrangements!
I am still going through divorce and have not signed a decree. I have temporary order 30-3-35.1 for my 5 yr old and 3 yr old, and my 15 month old is on 30-3-35.5 with an upward deviation in 6 months to join the two older siblings on 8/2/21. Husband has the July 4th long weekend this year for his holiday. I would not let him have the 15 month old, because the statute 30-3-35.5 says for 15 month old, holiday time is 8 hours. This child doesn’t join the other siblings on 30-3-35.1 for another month. Husband filed a police report against me. Does he have a leg to stand on?
Hi Tammy, it sounds like your current order is pretty specific that the 15 month old does NOT go with the older kids until August. If your order is that specific, it is likely that a Commissioner will follow the order to the letter. The police report is basically just a report but the police will almost always say something like this is a civil action that has to be pursued as part of your divorce. Best of luck!
I am the NCP. Our order is 35.1. My weekday visit is on Thursday. My daughter is 5 yrs old and in kindergarten. I planned to take her to school Friday mornings following our overnight as well as Monday mornings. Her mom told me that I cannot do that because the code says I must bring her back by 8AM since school doesn’t start until after that. I understand that a court may rule that way but the code doesn’t specify that. I argued that especially when I have the weekend it does not make since to do that. Ultimately she came back with an argument that since our daughter is in Kindergarten she is technically not a “school aged child” and therefor I don’t get to take her to school. I yielded to this and responded that in light of this I will bring her home at 8AM but on Thursday morning I should be able to pick her up at 8AM instead of 5:30 since school schedules are of no consequence, as she is a not school aged . Her response was that “non-school aged children” should not be confused with “school is not in session” and that I was required to wait until 5:30 to pick her up. She said that in the summer I am permitted to operate as though school is not in session because of course it isn’t. This sounds like a bunch of garbage to me. Is she correct?
We had to argue the same thing with my partner’s ex who wanted to use this plan for a two-year old during the temporary orders. She is wrong, but it can be confusing for Kindergarten. If she wants her at 8 am, then you also get 8 am. Just make that the standard pick up and drop off time: “8 am” all year long, end of story. Any time school is not in session (including if school starts in the afternoon), you have the right to an 8 am pickup. Be firm and set boundaries. Try reading Bill Eddy’s book “BIFF.” Brief, informative, friendly, and firm.
Thanks for the questions. Let’s look at Utah Code 30-3-35.1 since that is your Order.
It starts with:
“(1) The optional parent-time schedule in this section applies to a child 5 to 18 years of age.”
So there is your first answer. This particular code specifies ages and does not restrict application to “school aged” children. Therefore, if this is your Order and your child is 5 through 18, it applies to your child, period.
Now let’s look at the issue of overnights and the return time.
“(6)(a) The noncustodial parent or the court may specify one weekday for parent-time. If no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the following day when delivering the child to school, or until 8 a.m., if there is no school the following day.”
You have elected Thursday overnights and the child has school the next day and if there is school on Friday says you take her to school. If Kindergarten doesn’t start until noon, then you have her until noon. If there is no school on Friday, Mom’s time begins at 8 a.m. on Friday. Notably, usually the order is that the parent whose time is beginning is responsible for transportation so that means under most orders Mom would need to come pick her up at 8 a.m. on Fridays when there is no Kindergarten.
As far as any court I’ve ever attended, Kindergarten is school. Where the confusion may be is that SOME orders specifically talk about “full-time” school, in which case many Kindergarten classrooms would not fit. But 30-3-35.1 does not make any such distinction for full-time school versus parent-time school. Therefore, Kindergarten is very likely to be considered school for the purposes of this statute.
Next, let’s looks at (6)(b)
“Beginning on the first weekend after the entry of the decree, the noncustodial parent shall be entitled to alternating weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m. if there is no school on Monday. At the election of the noncustodial parent, weekend parent-time may commence:
(i) from the time the child’s school is regularly dismissed on Friday; or
(ii) if school is not in session, and the parent is available to be with the child, at approximately 8 a.m. on Friday, accommodating the custodial parent’s work schedule.”
We have established that your child is 5 years old and that Kindergarten is school per this statute. Therefore, this section answers the question about Sunday night overnights as well. Subsection (b) addresses that you have from Friday picking up from school- so if Kindergarten is 1/2 day and gets out at noon, you pick her up on your Fridays at noon. If there is Kindergarten on Monday, you take her. If not, Mom’s parent-time starts at 8 a.m.
As for holidays and the summer, 30-3-35.1 says the following:
“(6)(c)Subsections 30-3-35(2)(f) through (p) are incorporated into this section and constitute the parent-time schedule with the exception that all instances that require the noncustodial parent to return the child at any time after 6 p.m. be changed so that the noncustodial parent is required to return the child to school the next morning or at 8 a.m., if there is no school.” Therefore, this is the section that applies regarding holidays and summer parent-time.
It is actually a fairly straightforward analysis to read the statute directly. These ideas about “school-aged” etc are not simply not in this statute.
Best of luck!
I have a ramp up parent time schedule as a divorced mother in Utah. I recently hired an unbundled Fam Attorney for help but don’t seem to be getting the help I need yet. My son’s new junior high school isn’t accepting my contact information when I try to give it. They say that my son’s father has to provide it. I have been kept from being informed and thus involved in school events and activities! Many times especially since Covid-19 my son won’t have school many days and I won’t be told this until after I have picked him up from his dads house, if at all. I am kept from picking my son up on my midweek nights. His father makes up his own rules as how he wants me to have it. I am still after 2 years from the date we revised our decree of divorce I am still only getting every other weekend. Right now my son truly believes he is charge.
In your Decree, it may specify that you have the right to have information from the school directly. If so, show your Decree to the school. If you feel that the opposing party is in violation of the court orders, you certainly have the right to enforce the orders and bring him into compliance.
I understand your frustration with whomever you’ve hired to provide “unbundled legal services,” but in all fairness, your case sounds like there’s a number of things going on and they all require rigorous litigation. “Unbundled” services come in many forms but usually it’s something along the lines of the client only paying for one document or one court appearance at a time without any overarching strategy or vision to the case.
Unbundled services are often provided when people cannot afford the traditional litigation route which usually requires a sizable retainer and then staying on top of monthly litigation expenses and attorneys’ fees when the retainer is expended. Because unbundled services are a more restricted form of assistance, in order to keep it affordable, it also means that many times the client will feel like more could be done to help them. That’s because more COULD BE DONE but the client has elected a more affordable service and therefore less work by the lawyer. You may be happier if you find a way to afford a more traditional legal service model, but for some clients that’s simply not possible.
Best of luck!
Can one parent schedule their 2 weeks of uninterrupted summer time, over the other parent’s holiday (July 24th)?
It looks to me like holidays take precedence, but my ex is telling me he can schedule on over my holiday.
Thanks
“Utah Code Ann. 30-3-35(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays(emphasis added)”
The code says that these Summer weeks of parent-time take precedence over weekends and other parent-time EXCEPT HOLIDAYS. Holidays trump all other time including Summer parent-time (except that 30-3-35 specifies that a child’s birthday does NOT take precedence over that summer uninterrupted parent-time if the child and parent are traveling for their extended uninterrupted time. By making this specific exception in the code, it appears to further emphasizes the general rule that holidays have precedence over Summer uninterrupted parent-time.)
From the Court’s perspective, it makes sense logically to allow holidays to have precedence, as parents have frequently attempted to take away holidays from other parents during the Summer by scheduling his or her election of two weeks over the other parent’s holiday. By giving the holiday precedence, the parent who does this effectively interrupts his or her own uninterrupted time and hurts themselves rather than the other parent.
Thank you for all the help and explanations that you give to all of us co-parenting parents out there.
My question is regarding birthdays. I do understand that the odd year for birthdays their dad gets the day before or day after the birthday.
This year he will have the kids for the weekend right before the Monday actual birthday. He is trying to get them the day after as well saying that’s the day he’s using for his birthday. Is that fair to do or allowed? Since he already will have had them the day (weekend) before the birthday because it was his day?
I only ask because we share them every two days right now as it is and the kids are upset and they don’t want to go.
Holidays, including birthdays “lay atop” the general rotation. This means that the regular rotation doesn’t change for the holidays and the holidays don’t change for the regular rotation. The holiday is exactly as stated in the code, period.
So just to be clear. In the example above, since the father has the kids the day before the birthday with their general rotation he can’t add on the date after the birthday as well?
Utah Code Annotated section 30-3-35 states as follows:
(f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i) the child’s birthday on the day before or after the child’s actual birthdate beginning at 3 p.m. until 9 p.m., and at the discretion of the noncustodial parent, the noncustodial parent may take other siblings along for the birthday;
So, the option lies with the noncustodial parent in odd numbered years. Holidays trump all other parent-time so we don’t even look at the regular rotation. If regular rotation gives him the day before, he certainly can and probably will try to maximize his time by also taking the day after. You would have the birthday itself.
Regarding the 2 weeks of interrupted parent time allowed for the non-custodial parent. Can that be split up into 14 individual overnight stays scattered throughout the months? Or is it supposed to be in, at least, week long increments?
Let’s start with the code:
“Utah Code Ann 30-3-35(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.”
As you can see, there’s not a lot of guidance here on how those four weeks are to be split up or IF they can be split up. The code begins by saying “UP TO FOUR WEEKS,” which suggests that the parent doesn’t have to take them all consecutively. However, subsection (ii) calls it “uninterrupted time,” which certainly suggests that there be a duration of time that is continuous.
In my experience, commissioners and judges have NOT required that it be four consecutive weeks for the non-custodial parent. I have many times seen the courts allow that time to be taken in two week increments (2 uninterrupted and 2 interrupted). I have also seen parents do it in one week increments.
I would suspect that some commissioners and judges would balk at allowing a parent to interpret this statute as allowing time that is less than one week in duration given that the idea of this provision is not to simply add miscellaneous overnights to the schedule, but rather the provision is intended to allow parents to vacation with their children and have a chunk of quality time.
Best of luck!
I am the sole legal and physical guardian of my 8 year old daughter who has just been diagnosed with asthma. Her biological father has just returned from a vacation in Mexico. The CDC guidelines state anyone returning from that region must stay away from anyone at an increased risk for illness for 14 days regardless of testing. My daughter is scheduled to go there for a visitation before that 14 days has elapsed. I have provided him this information and suggested an alternate option so he can see her for Christmas, (that would be after the 14 days), and he is stating he will be picking her up as usual. My husband has type 1 diabetes and I also have asthma, so it would be terrible if she got sick and/or brought it home to everyone here. The 3rd district court has said to follow all government guidance, so can I keep her home from that visit? He is obviously not taking anyone into account, even his own daughter. What can I do to keep her and the rest of my family safe?
Question: My son’s father is taking him for his half of the Christmas break. They are travelling to out of state to visit family. His father does not want to end their trip there, but continue on to another state, and send my son home VIA shuttle. He is 15 years old, ADHD, high functioning autistic, and would be travelling alone. I do not agree with this and feel he should be bringing my son home personally. Is there any law requiring him to do this or am I just at the mercy of his pick and choose time to be a parent?
Hoping this thread is still being reviewed. What can really be done about a NCP who continuously does not keep his visitation arrangements? We have had a custody order in place since 2010 which allows him Thurs at 2pm – Tuesday at 2pm every other week. He has recently started to drop our child off early without notice (early mornings when I am away, or even day), or just refuses to take him if he is ill. He does this without checking to assure that I am available or that he will have proper care. Our child is 11. I have asked that he give me notice, but he says my child should be able to come home anytime. Our order states 48 hour notice of any change, unless it is an emergency. My concern is that I should have a right to plan around my visitation for things without disturbing my son or his fathers life, but I am constantly having to change plans and work schedules. What is my course of action here? is it considered child abandonment or neglect to drop a child off without first assuring there will be appropriate care? (my son has a key to our home and can enter anytime)
Hi! Search for Bill Eddy in the “Amicable Divorce” podcasts. He is a guest that discusses how to address exactly this situation using the CARS method with a high conflict partner. Another option (which is what we did) is to use a parent drop off service where a third party holds him accountable to the time, and can implement a parent coordinator to adjust the schedule if it doesn’t work for you. The idea is to edit the parenting plan by citing the number of times he’s dropped off early, and that you think it’s best to find an alternative drop off time that better suits your schedules so that your child isn’t left alone.
My divorce was final 5 years ago. (We live in Utah)
My question is: regarding parent time, do we follow the state standard parenting plan in our divorce decree as of the date of our divorce? Or do we adjust and follow the parenting plan as it gets updated by the state? For instance, small things get updated in regards to standard visitation (Halloween visitation time being one of them) – do we follow the new “effective as of 5/12/2020” minimums, or do we follow the minimums that were effective the date of our divorce?
Hi there. I am not a professional but i have been divorced for 13 years. Ive been told our decree is what we follow. Its like our own contract and holds the most weight in disputes. Good luck!
Question regarding Columbus day. Utah code states that it’s NCP holiday this year. The holiday is on a Monday so does that mean the NCP would get the whole weekend?
Hi Friend,
I’m not actually replying to your question, but I am inquiring the same thing. It looks as if it reads that way, but would like confirmation.
Thank you
Lisa M-C
I have a question in regards to the summer parent time, now I understand the uninterrupted and interrupted time frame, per my order it states we both will have the date in by April 15th each year with mother having first pick on even years and father having first pick on odd years. So I initially turned in my two weeks of uninterrupted time in Dec 2019 for my time on April 2020 then COVID hit so unfortunately we have to cancel our vacation and postpone it until August of 2020 which I advised of the date change just before April 2020 well clearly COVID is still around and so I changed my dates after I heard of the schools plan and altered my dates from Aug 22-Sept 5 to now I want to do Aug 10-24 so that I can spend time with my daughter before she starts school. Now obviously COVID has made it so my dates have fluctuated but my daughters father says I cannot change my time like that so I cannot take Aug 10-24 and if I do then I will get charged with a misdemeanor? Let me also state that her father did not turn in his two weeks time until May 1 so after the April 15th deadline and I did not argue of any sort, I think both parties need to be somewhat accommodating due to the COVID issues at hand, will I really get charged if I continue to take my daughter on my new proposed time frame. I did also give a little under 30 days notice again only because I was waiting to hear what was going to happen with schools and they released the plans so i fixed my dates, it does not go over any of his holidays of any sort as well.
My step-daughter is 17, but graduated from high school early. NCP is insisting we (the out-of-state CP’s) must arrange for summer visitation travel. While NCP has agreed to half the travel expenses, there is always some nitpicking going on by NCP. I’m tired of the games, but (given that she’s out of high school) am I still helpless?
The Decree of Divorce usually applies until the child is 18 or has graduated from high school, whichever is LATER.
However, you’d have to look at your Decree for information about who is supposed to arrange the travel as Utah Code doesn’t specify that.
Another Right of First Refusal Question. Specific situation, a decree has implicitly stated FRF in force at 4 hours or more. It does not expand upon this any further.
The issue in question:
Both parents work.
Parent A gets off work at 2 PM
Parent B gets off work between 4 PM.
On day’s where Parent B has custody, it is not clear if Parent A has the right to pick up children from 2 PM until 4 PM.
It is my understanding that the RFR kicks in at 4 hours or longer, but if the time that parent A could have them is less than 4 hours, does it still have enforcement?
Probably not. I don’t know the language of your Decree specifically, but if it says that the Right of First Refusal is for four hours or more, it usually means if the parent is not available to provide direct care of the child(ren) for less than 4 hours, he or she need not offer the other parent the right of first refusal to provide parent-time over finding alternative child care. However, you can always ask and the other side could agree. If that child is in paid day care, a court could well agree to prioritize parental care over a paid provider, but you’d have to go to court to attempt the change the language of the Decree if your ex will not agree. Modification of the Decree must be based on a substantial change in material circumstance and requires a Petition so you may need counsel if this issue is very important to you.
What is the standard pick up and drop off place in utah if the parent has sole custody
The usual method is that the parent whose parent-time is BEGINNING picks up the child from school or the other parent’s home.
I moved 45 miles away from my ex how many miles doed she have to drive to pick up my daughter?
A correction that needs to be made here that I feel is largely misrepresented in both Utah and Salt Lake counties and possibly more. Is that in order to modify your decree requires a substantial change in material circumstance. This is only applicable to changes in custody. However in this specific scenario it is regarding parent time. The law in regards to parent time is much different than custody. Specifically it says that in regards to a change in parent time only “some” showing of a change in circumstances is required. This distinction is grossly misrepresented to clients and prohibits our judicial system from being, just, fair, and balanced. I hope you will correct this statement and proceedings going forward. I have provided the relevant case law for your review. Thank you!
Case Law
Pulham v. Kirsling Supreme Court of Utah. May 22, 2019 443 P.3d 1217
The “substantial and material change in circumstances” standard generally applies in cases involving modification of a custody order while a less stringent standard generally applies in cases involving modification of a parent-time order.
Blocker v. Blocker Court of Appeals of Utah. May 16, 2019 444 P.3d 541
In the context of modifying parent-time, a material change of circumstances is different inquiry from a material change regarding custody; when modifying parent-time, the petitioner is required to make only some showing of a change in circumstances, which does not rise to the same level as the substantial and material showing required when a district court alters custody.
Erickson v. Erickson Court of Appeals of Utah. September 27, 2018 437 P.3d 370
When modifying parent-time, the petitioner is required to make only some showing of a change in circumstances, which does not rise to the same level as the substantial and material showing required when a district court alters custody. Utah Code Ann. § 30-3- 10.4(2)(b).
Jones v. Jones Court of Appeals of Utah. May 12, 2016 374 P.3d 45
Substantial or material change of circumstances was not required in order for trial court to modify parenting time; while altering custody orders generally required a showing of substantial change in circumstances material to the modification of custody, a lesser showing could be required when the change sought was not a change of custody.
I have a question regarding joint 50/50 custody..child is 14. There is a dispute on how much time is allowed.. one parent says any amount the other says 2 weeks uninterrupted or state law code. Which is true? The decree says parents shall notify each other of vacation time and agree on vacation it’s very vague. .. it doesn’t specify the maximum time allowed each summer or year per parent.
If your Decree states that it is following 30-3-35 and there is no other specific provision for summer (extended) parent-time, then you follow 30-3-35 the exact same way whether you are 50/50 parent-time or any other version of parent-time.
Here is what Utah Code Annotated 30-3-35 is trying to say when it comes to summer time (extended parent-time).
1. This only applies if your decree/orders follow 30-3-35 as to summer or extended parent-time. If not, follow the language of the order/decree.
2. Because summer is usually 10 to 13 week (or more), the majority of summer time is going to follow your regular rotation of parent-time.
3. The code specifically refers to time when “school is not in session.” Therefore, children learning at home because of Covid-19 are still in session and it is not yet summer time. For children under 5 who do not attend school, you follow the school district in which the child lives to determine the dates.
4. Each parent is supposed to provide notice of his or her selected time 30 days prior to the end of school. It’s first come first serve! There is a steep penalty to the party who fails to be timely in his or her selection. If one party gives 30 days (or more) notice and the other party doesn’t, the party who was timely gets to pick what dates the other parent (the untimely parent) is going to exercise his or her time! If both parties are late, they should immediately pick a new due date and give notice of their selection as soon as possible.
5. Each parent is entitled to two weeks that are not interrupted by any parent-time for the other party.
6. Non-custodial parents get an additional two weeks that are INTERRUPTED by parent-time of the custodial parent. The interruption is that the custodial parent is now permitted mid-week visits that mirror what the mid-week visit is for the non-custodial parent during regular rotation of parent-time. So if non-custodial parent usually has a mid-week visit on Wed from 4 to 9, that now is the time the custodial parent would see the children during this two week period. If the non-custodial parent usually has Tuesday and Sunday overnight, those now belong to the custodial parent for these two weeks.
7. However, it is important to note that holiday time trumps extended time so it is unwise to schedule your extended parent-time on top of the other parent’s holiday as you will have to forfeit that time and you don’t get a make-up day(s) for it.
8. Extended time can be taken consecutively but does not have to be.
Hopefully that clarifies some things for you. Let me know if you have any other questions.
I have a situation where my ex who is the non-custodial parent did not submit dates to exercise extended parent-time until 2 weeks ago. Also, he has not ever given any indication of doing so. I have not submitted dates either however, I do not intend to enforce any uninterrupted parent-time. He is claiming that he is the compliant party and I am non-compliant. With code specifically states dates need to be submitted 30 days prior to the end of the school year. Being that neither of us did this and there wasn’t any discussion regarding exercising extended parent-time until almost a month into summer break how is the law to be interpreted? Who is compliant/non-compliant? Is the same amount of extended parent-time still enforceable with part of the summer break already behind us?
Just a question, in the Temporary orders we were ordered to follow the 30-3-35.1 for our visitation. I had 60, my ex had 40. When we finalized and drafted the amended decree, we switched custody so I now have 40 and my ex 60. The Amended Orders are not specific on the parenting plan, but when we made the switch we agreed to me just taking the visitation they had before. However, the Orders don’t say 30-3-35.1 so my ex is just making the rules, and times whatever they want. Do I have a recourse outside of court? I never would have thought this would happen. I thought I was being very nice in giving the extra time as I have older children. We have Joint Legal, Joint Physical, but my ex is designated Primary.
The best solution for you outside of court is to attend mediation. If mediation fails, you may need to talk to counsel about what your options are in modifying the Decree to address your concerns.
Asking for a friend that isn’t sure what to do; If a NCP is not fulfilling their parent time, i.e taking advantage of the CP’s willingness to work with the NCP, and finding excuses to shorten weekends, not using the full evening time during the week etc., what kind of recourse is there to pressure him to comply? The longer the child goes without seeing the NCP, the less she wants to spend time with him, so forcing the issues becomes more difficult. Side note, the NCP is semi-high risk for COVID-19 because of medication they are on, so NCP took 2 plus months off of visitation altogether so the child is even more resistant to spending time with the NCP. Is there a simple, ‘do this or..”, like court consequences? Thanks!
Unfortunately, this happens and there is not a ton that can be done. A parent cannot use the Decree to force the other parent to take his or her parent-time. This definitely can, if frequent and over a long duration, lead to an eroded relationship between the non-custodial parent and the child. If the non-custodial parent has more than standard minimum parent-time, failure to take time (supported by evidence) could be used to try to reduce that parent’s parent-time award in the Decree. If the non-custodial parent only has standard minimum parent-time to begin with, it is very rare to get a change to LESS than standard minimum parent-time. It’s called minimum because the court can’t offer below that amount without articulating some statutory requirements that are hard to establish. If the non-custodial parent goes for a long period of time without taking parent-time, you can ask a court for a reintroduction period between the child and the parent before parent-time resumes as the schedule is in the Decree. But again, the court’s focus will be to get the non-custodial parent back to that minimum parent-time schedule.
During the non-interupted parent time during the summer what time is the custodial parents weekday visit?
Your question is about number 6 below specifically, but all of this about summer parent-time is worth repeating so I’m giving you the full summary.
Here is what Utah Code Annotated 30-3-35 is trying to say when it comes to summer time (extended parent-time).
1. This only applies if your decree/orders follow 30-3-35 as to summer or extended parent-time. If not, follow the language of the order/decree.
2. Because summer is usually 10 to 13 week (or more), the majority of summer time is going to follow your regular rotation of parent-time.
3. The code specifically refers to time when “school is not in session.” Therefore, children learning at home because of Covid-19 are still in session and it is not yet summer time. For children under 5 who do not attend school, you follow the school district in which the child lives to determine the dates.
4. Each parent is supposed to provide notice of his or her selected time 30 days prior to the end of school. It’s first come first serve! There is a steep penalty to the party who fails to be timely in his or her selection. If one party gives 30 days (or more) notice and the other party doesn’t, the party who was timely gets to pick what dates the other parent (the untimely parent) is going to exercise his or her time! If both parties are late, they should immediately pick a new due date and give notice of their selection as soon as possible.
5. Each parent is entitled to two weeks that are not interrupted by any parent-time for the other party.
6. Non-custodial parents get an additional two weeks that are INTERRUPTED by parent-time of the custodial parent. The interruption is that the custodial parent is now permitted mid-week visits that mirror what the mid-week visit is for the non-custodial parent during regular rotation of parent-time. So if non-custodial parent usually has a mid-week visit on Wed from 4 to 9, that now is the time the custodial parent would see the children during this two week period. If the non-custodial parent usually has Tuesday and Sunday overnight, those now belong to the custodial parent for these two weeks.
7. However, it is important to note that holiday time trumps extended time so it is unwise to schedule your extended parent-time on top of the other parent’s holiday as you will have to forfeit that time and you don’t get a make-up day(s) for it.
8. Extended time can be taken consecutively but does not have to be.
Hopefully that clarifies some things for you. Let me know if you have any other questions.
Can you define the court term of non interrupted time.
Non-interrupted (uninterrupted) parent-time means that the children do not have any parent-time with the other party (but may still have virtual video visits and phone calls, texts, etc). However, holidays still have priority.
Here is what Utah Code Annotated 30-3-35 is trying to say when it comes to summer time (extended parent-time).
1. This only applies if your decree/orders follow 30-3-35 as to summer or extended parent-time. If not, follow the language of the order/decree.
2. Because summer is usually 10 to 13 week (or more), the majority of summer time is going to follow your regular rotation of parent-time.
3. The code specifically refers to time when “school is not in session.” Therefore, children learning at home because of Covid-19 are still in session and it is not yet summer time. For children under 5 who do not attend school, you follow the school district in which the child lives to determine the dates.
4. Each parent is supposed to provide notice of his or her selected time 30 days prior to the end of school. It’s first come first serve! There is a steep penalty to the party who fails to be timely in his or her selection. If one party gives 30 days (or more) notice and the other party doesn’t, the party who was timely gets to pick what dates the other parent (the untimely parent) is going to exercise his or her time! If both parties are late, they should immediately pick a new due date and give notice of their selection as soon as possible.
5. Each parent is entitled to two weeks that are not interrupted by any parent-time for the other party.
6. Non-custodial parents get an additional two weeks that are INTERRUPTED by parent-time of the custodial parent. The interruption is that the custodial parent is now permitted mid-week visits that mirror what the mid-week visit is for the non-custodial parent during regular rotation of parent-time. So if non-custodial parent usually has a mid-week visit on Wed from 4 to 9, that now is the time the custodial parent would see the children during this two week period. If the non-custodial parent usually has Tuesday and Sunday overnight, those now belong to the custodial parent for these two weeks.
7. However, it is important to note that holiday time trumps extended time so it is unwise to schedule your extended parent-time on top of the other parent’s holiday as you will have to forfeit that time and you don’t get a make-up day(s) for it.
8. Extended time can be taken consecutively but does not have to be.
Hopefully that clarifies some things for you. Let me know if you have any other questions.
I have a question, so what do the “days” look like? Is it 7 days and 6 nights or is it 8 days and 7 nights?
Hi Rebecca,
We have a 17 (soon to be 18 year old). Her mom is under the impression that at soon as she turns 18 she is an adult and is no longer required to follow the agreed upon custody schedule. She has interpreted the 5 to 18 to mean until she turns 18. She has told our daughter that she can choose to go wherever whenever on her 18th bday. That was not how I interpreted the 5-18. I read it as including 18 or through the 18th year. So to clarify, do we follow the custody schedule until her 18th bday or for the entire year she is 18? Thanks.
Hi Jared, Thanks for the question. You bring up an interesting problem within the law. Child support is to be paid until a child turns 18 or graduates from high school during their normal year of matriculation (meaning that the child being held back or otherwise missing a year for some reason will not extend child support) whichever is later. So, for a child who turned 18 in November but doesn’t graduate until the following June, child support continues until that June graduation. Because people, logically and with good reason, associate the payment of child support with the rights of parent-time, most people assume that court ordered parent-time continues until a child turns 18 or graduates from high school whichever is later. But the court actually doesn’t have that jurisdiction and the code does NOT provide for parent-time after the child turns 18 unless there has been a showing that the child is disabled and unable to care for himself or herself and therefore parent-time and child support needs to continue. When you look at Utah Code it provides for parent-time scheduled “to 18” meaning it ends on the 18th birthday because at that moment the child is considered a legal adult, regardless of the science and real-life experience that show us that they most certainly are not. The Courts in my experience basically say nothing about this- that there very well could be a period of time for which child support is mandatorily provided but during which the child is a legal adult and parent-time rights have evaporated.
I have a question about extended parent time. Child is 4 years old. Non custodial parent has scheduled their 2 week uninterrupted parent time when it will partially overlap my scheduled holiday time in July. Do I just lose my holiday time? Or do I have the right to interrupt their 2 week uninterrupted parent time to exercise my holiday time? Non custodial parent believes I lose my parent time.
Utah Code Ann. 30-3-35 says the following:
(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
As you’ll see above, it clearly says that HOLIDAYS TRUMP EXTENDED PARENT-TIME. So if someone places his or her extended parent-time on top of the other person’s holiday, they threw away their extended parent-time. The holiday is exercised by the person awarded the holiday in the statute regardless of extended parent-time schedules.
I got divorced in 2016, and have code 30-5-35 for parent time. I wondered if I follow the order if it is updated or the 2016 one?
Also, there is a 30-3-33 that is an advisory guideline. This is not in my decree to follow, but it says it’s connected to 30-5-35 as of 2017. Do we follow it? It also stated its “suggested to follow” does this mean we don’t need to follow it, just suggested?
You follow the 2016 version of 30-3-35 (or you can both agree to follow the new one but if so, I’d get that agreement in writing). I keep old statute books for this very purpose. If you want to email me, I’ll email you the 2016 version of 30-3-35. My email is rebecca@longokura.com.
As for the advisory guidelines, if they are not in your Decree, you need not follow them. They are still a separate provision and have not been incorporated into 30-3-35 so I’m not sure what the meaning was in your document to say “connected to 30-3-35 as of 2017.” And if they are only suggested, then they aren’t ordered! Many of the provisions that are found in the advisory guidelines are great and a couple have historically not been so great. They’ve changed pretty significantly over the years. Again, if you’d like to email a request, I can send you the 2017 guidelines and you can have a look.
Best of luck,
Rebecca
I am the custodial parent. My ex husband is the NCP. He gets two weeks uninterrupted in the summer, as well as another two weeks interrupted, which our decree says he can break up into various increments throughout the entire calendar year to equal 14 days total, in order to better fit his Work schedule.
He just signed up for those 14 days, and put 9 of them on my summer weekends. So with his Regular uninterrupted Summer visitation time, plus his regular rotating weekends, plus his 14 additional days, he has scheduled every weekend all summer long, except one. So I get one weekend all summer. There aren’t any stipulations in our decree against this. But when I agreed to it I didn’t realize he would take seven weekends in a row, then give me one, and then take five more weekends in a row. Will this have to go back to court to correct? Or is there some rule about taking regular rotating weekends? I know I’m not allowed to take more than one of his weekends away when scheduling my uninterrupted time. Why can he do that to me?
Because your court orders are unusual, the best thing for you to do would be to schedule a consultation with a lawyer so that you can her review those orders and look for options for you. A consultation with one of our attorneys is only $25 for a one hour appointment. I think it would be well worth it. Perhaps a mediation would be an option for you to consider revision of the orders.
Hi, my ex and I have standard minimum visitation in our divorce. He hasn’t taken them in years. Is the child support amount based on him taking them his weekends and other times during the year?. I know the support I’m supposed to pay him is for the time they’re with them. I actually just started working and our gross incomes combined and then split between us, ordering me to pay $264 and him $1384. If he doesn’t ever take them would is his support supposed to increase what I’m supposed to pay? He hasn’t ever actually made me pay anything ( the first few years it was $30 cause I didn’t work) but both our support is based on him taking the kids one night a week and every other weekend which he doesn’t do. Do i need to get an order from court to change that? Or what can I do. I go through ORS and my son turned 18 so he’s coming off the order. His support should stay the same but he’s trying to tell me it will be lower based on my income, but since he hasn’t taken them in years, my income shouldn’t matter. What can I do. Thanks
If the non custodial parent has the Memorial Day holiday this year, they are required to have the child back by 7pm on Monday. They made plans to go spend the weekend 4 hours away and not be back until Wednesday. We just found this out a few days ago and they are leaving this Friday. It is the non custodial parents weekend but they did not ask for additional parent time, and their lawyer even stated they are not entitled to it. However, their lawyer advised them that they can file a temporary restraining order for the additional 36 hours, which, their lawyer states, they will be granted because we are being unreasonable. And they said they will have us pay the court costs for them. Is this true? Do we have any recourse? We are using the state minimum statutes for a child under 5.
Had they asked us in advance we would have considered it. But they just told us what they decided they were going to do and threatened us with legal action if we do not comply. This doesn’t seem right. Any help understanding the statutes is appreciated.
If he is not entitled to the additional time then the threat of “legal action if you don’t comply” seems unlikely to make much sense. What his attorney seems to be telling him, based on your description, is basically “do what you can get away with” rather than what you are entitled to. At the very least you should ask for and receive make-up time; it seems he needs to sacrifice time that he would be entitled to since he is taking your entitled time. A temporary restraining order to get more time to which he is not entitled sounds EXTREMELY unlikely to succeed, but it would be expensive and a pain to litigate the issue when you could simply take time that would normally be his as a way of balancing his wrongful taking of your time. He is likely to try this again since his attorney seems to be acting like it’s somehow okay. Next time, consider challenging it when he tries to takes your time. He can go to court and lose; you can ask for your attorneys fees. He’s simply forcing you to allow him to violate the orders. On the other hand, sometimes commissioners and judges are unpredictable and will simply turn to you and ask if he can have the time and give you make up time. Court is an unpredictable place.
I have a question regarding extended time or summer time? Is this code correct regardless of how long the summer is? So there is a total of 4 weeks un interrupted , 2 for non custodial and 2 for custodial and then my divorce decree states 4 weeks interrupted time, 2 for non custodial and 2 for custodial. Does that mean the rest of the summer is regular custody schedule?
Yes, the rest of summer is the regular custody schedule.
I have a question. I am in the middle of a divorce and this is the first summer with our stipulation which is the min. parent time scheduel. I am trying to figure out the summer schedule and there is a part in the code that is not clear to me and that I am not understanding. It states that the “Non-custodial parent may take up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;”….. What exactly does tit mean where it says “including weekends normally exercised by the noncustodial parent, but not holidays” Does that mean 4 weeks (28 days) plus the weekends he normally has….so plus 12 days? Please help me understand this.
Also, if neither of us complied by sending notice of 30 days of extended parent time,….do we just try and figure it out between the 2 of us,…and if we can’t agree how does that work? Thank you for any clarity you can offer.
Here is what Utah Code Annotated 30-3-35 is trying to say when it comes to summer time (extended parent-time).
1. This only applies if your decree/orders follow 30-3-35 as to summer or extended parent-time. If not, follow the language of the order/decree.
2. Because summer is usually 10 to 13 week (or more), the majority of summer time is going to follow your regular rotation of parent-time.
3. The code specifically refers to time when “school is not in session.” Therefore, children learning at home because of Covid-19 are still in session and it is not yet summer time. For children under 5 who do not attend school, you follow the school district in which the child lives to determine the dates.
4. Each parent is supposed to provide notice of his or her selected time 30 days prior to the end of school. It’s first come first serve! There is a steep penalty to the party who fails to be timely in his or her selection. If one party gives 30 days (or more) notice and the other party doesn’t, the party who was timely gets to pick what dates the other parent (the untimely parent) is going to exercise his or her time! If both parties are late, they should immediately pick a new due date and give notice of their selection as soon as possible.
5. Each parent is entitled to two weeks that are not interrupted by any parent-time for the other party.
6. Non-custodial parents get an additional two weeks that are INTERRUPTED by parent-time of the custodial parent. The interruption is that the custodial parent is now permitted mid-week visits that mirror what the mid-week visit is for the non-custodial parent during regular rotation of parent-time. So if non-custodial parent usually has a mid-week visit on Wed from 4 to 9, that now is the time the custodial parent would see the children during this two week period. If the non-custodial parent usually has Tuesday and Sunday overnight, those now belong to the custodial parent for these two weeks.
7. However, it is important to note that holiday time trumps extended time so it is unwise to schedule your extended parent-time on top of the other parent’s holiday as you will have to forfeit that time and you don’t get a make-up day(s) for it.
8. Extended time can be taken consecutively but does not have to be.
Hopefully that clarifies some things for you. Let me know if you have any other questions.
I have a question in regards to Mothers day and Fathers day. I know it states that the holiday is spent with the parent ON THE HOLIDAY but since these days always fall on a sunday does the weekend rule trump that. I think since these holidays are always on a certain day like Memorial day,Labor day or Thanksgiving the rule is set in place. I had my daughter on Fathers day weekend as my regular weekend so I stated I would give her to him on Sunday @9am-7pm but he stated the weekend rule trumps that and she would need to stay with him the whole weekend.? From my understanding holidays that have “set” days are implemented with the right rules, like Memorial day it says like from Friday -Monday so if it was the whole weekend for Mothers day and Fathers day it would say from Monday- Sunday or something, The weekend rule would not trump that correct?
Extension of the holiday to cover the entire weekend applies if, according to Utah Code Ann. section 30-3-35 “(2)(e)
(i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
(i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
(ii)
(A) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child’s school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B) at the election of the noncustodial parent, if school is not in session, parent-time over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the custodial parent’s work schedule, the first day of the holiday weekend until 7 p.m. on the last day of the holiday weekend, if the noncustodial parent is available to be with the child unless the court directs the application of Subsection (2)(e)(ii)(A).”
So according to this subsection, Mother’s Day and Father’s Day Fall within this statute and so the holiday time extends from Friday until Sunday evening.
However, Utah Code sections (2)(j) and (k) confuse the issue by saying:
(j) Father’s Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday.
(k) Mother’s Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m. until 7 p.m. on the holiday.
Because they are also part of (2) and are parallel with subsection (e) it seems that (e) should apply to them as well. That the holiday is the entire weekend. BUT if that were true, they always fall on a Sunday so why would the code bother to specify that they are 9 a.m. to 7 p.m. “on the holiday?
I think that you could argue that it is to be the entire weekend. You could also argue that it was not the legislature’s intent for it to be all weekend because of the way it is written. I think that the best bet is to agree to with the other side that it be the same for both parties. If the parties say it is all weekend, it is all weekend for both. If the parties want to restrict it to only the day of the holiday, then it needs to be that way for both parents. Get it in writing how you and the other side are going to treat this holiday and treat it the same every year.
The reason is that it would be called out separately if I read this correctly is that section (e) would apply equally to (j) and (k), but (e) does not apply to the custodial parent, so the mother or father if noncustodial would get to extend the weekend on the gender or parental role based holiday that matches their gender or parental role, but if custodial then (e) would not apply to them, because they are by definition not the noncustodial parent.
Also if it were not called out then mothers and fathers day would not be holidays, and if grouped with the other sections above mothers day and fathers day would rotate between the custodial and noncustodial parents on odd and even years. The reason these are called out separately, is to define that they do not rotate.
I have a question about this, since (e) applies to the holidays in (f) and (g) would it be correct that it also equally applies to the holidays in (j) and (k)? and does (e) apply to the custodial parent?
Also do you think it makes sense that (j) and (k) are called out separately because they don’t rotate between the CP and NCP like the rest of the holidays do because the legislature realized that these holidays were based on the parental role and shouldn’t rotate and by calling them out separately aren’t they just saying fathers day is the fathers holiday and mothers day is the mothers holiday, rather then them rotating between parents on odd and even years?
Also if they were not extendable by the NCP wouldn’t that be called out in section 4 like Halloween?
I think it is accurate to say that subsections (j) and (k) [Father’s Day and Mother’s Day] are their own subsections because they do not rotate, when all of the other holidays found in subsections (f) and (g) do rotate. I think that the error that the legislature made is that they have made (e) a parallel subsection which leads to questions about whether it applies or not to Father’s and Mother’s Days. Subsection (e) definitely applies to (f) and (g) so why wouldn’t apply to (j) and (k)? Well, (j) and (k) always fall on a Sunday and so adding limited hours makes (e) appear NOT to apply. A needless confusion that the legislature easily could have avoided by clear drafting.
I am being told that non custodial parent gets 4 weeks mandated during the summer in Utah even though that was not in our decree of custody. Is this true do I need to abide by that? The children are 10 and 8
You should always follow the order of your decree. If your decree does not follow Utah Code Ann. 30-3-35 regarding extended parent-time, follow the orders in your decree.
For anyone who IS following 30-3-35 for extended parent-time or if your decree is silent as to extended parent-time, this is what it says:
(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
(n) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days before the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
What this means is that each parent can have two weeks NOT interrupted by the other parent. The non-custodial parent gets another two weeks of parent-time that are interrupted by mid-week visits for the custodial parent. Those mid-week visits would mirror whatever is permitted as a midweek visit for the non-custodial parent normally.
For example, if Mom is the non-custodial parent and she usually has every other weekend through Monday morning and over nights on Tuesdays. Then during the interrupted two weeks of time, Dad would have parent-time on Sunday nights overnights and Tuesday nights overnight because those are the normal NON-WEEKEND times for the non-custodial parent’s parent-time. But Dad would not have the weekends and other nights.
Two questions: #1 are you allowed to start your uninterrupted time during mothersDays/Father’s Day, if you submitted your time 30 days prior and other party did not object?
Holidays trump extended parent-time so the parent with the holiday still gets his or her holiday. By scheduling extended parent-time over the other holiday parent’s time, it’s throwing away extended parent-time.
Concerning the interrupted extended time in summer. If noncustodial parent does not take med week but is allowed a “fat Friday which is Thursday and Friday overnight.
Thursday and Friday would be the custodial‘s interrupted days during noncustodial weeks all day just not overnight?
My ex is saying it’s just from 5-9 on 1 day of his (noncustodial) choosing?
Here are the nuts and bolts of what Utah Code Annotated 30-3-35 is trying to say when it comes to summer time (extended parent-time).
For your particular questions:
#7 says holidays trump extended time so that Mother’s Day or Father’s Day would still go to the Mother or Father.
#6 is as to your question about interrupted time. Fridays and Saturdays overnight is the Utah Code version of a weekend. Thursday and Sunday overnights would be considered mid-week (non-weekend overnights). So, interrupted time would be that you now take his Thursday overnights during the two weeks of interrupted extended parent-time. He would still have the weekend time of Fridays overnight.
1. This only applies if your decree/orders follow 30-3-35 as to summer or extended parent-time. If not, follow the language of the order/decree.
2. Because summer is usually 10 to 13 week (or more), the majority of summer time is going to follow your regular rotation of parent-time.
3. The code specifically refers to time when “school is not in session.” Therefore, children learning at home because of Covid-19 are still in session and it is not yet summer time. For children under 5 who do not attend school, you follow the school district in which the child lives to determine the dates.
4. Each parent is supposed to provide notice of his or her selected time 30 days prior to the end of school. It’s first come first serve! There is a steep penalty to the party who fails to be timely in his or her selection. If one party gives 30 days (or more) notice and the other party doesn’t, the party who was timely gets to pick what dates the other parent (the untimely parent) is going to exercise his or her time! If both parties are late, they should immediately pick a new due date and give notice of their selection as soon as possible.
5. Each parent is entitled to two weeks that are not interrupted by any parent-time for the other party.
6. Non-custodial parents get an additional two weeks that are INTERRUPTED by parent-time of the custodial parent. The interruption is that the custodial parent is now permitted mid-week visits that mirror what the mid-week visit is for the non-custodial parent during regular rotation of parent-time. So if non-custodial parent usually has a mid-week visit on Wed from 4 to 9, that now is the time the custodial parent would see the children during this two week period. If the non-custodial parent usually has Tuesday and Sunday overnight, those now belong to the custodial parent for these two weeks.
7. However, it is important to note that holiday time trumps extended time so it is unwise to schedule your extended parent-time on top of the other parent’s holiday as you will have to forfeit that time and you don’t get a make-up day(s) for it.
8. Extended time can be taken consecutively but does not have to be.
I have two questions…….
First, I am the non custodial parent for our 10 month old child, and per the divorce decree, we are supposed to be abiding by 30-3-35.5 which says that at a minimum, I get two visitations per week, and omits anything about either parent being granted extended visitation or uninterrupted vacation weeks.
My historically uncooperative ex says that she is entitled to take an uninterrupted week long vacation with our child and is going to do exactly that next month. She didn’t give me thirty days notice before she plans to leave the state with him and despite my objections to her doing so, she has stated that she intends to take the vacation week anyway, and that I could take her to court to prove that she is in the wrong if I wanted to. Since then she has come back and said that she would work with me to make up for lost parent time, but from how I interpret the schedule, it doesn’t seem as thought she has the right to any uninterrupted vacation weeks until after our son is 18 months old. Am I interpreting this correctly? What recourse do I have?
Second question, are you related to Sanford Okura? He’s an old friend of mine from Hawaii.
You are correct in that Utah Code Annotated 30-3-35.5 does not grant either parent uninterrupted vacation weeks for children under 18 months of age. So, as a matter of plain reading of the statue, she is not entitled to take the child for one week. On the other hand, is it very possible that a commissioner would grant her such time as long as you also received one week of uninterrupted vacation time? YES! As long os you both get the option to take one week interrupted, I could easily see a Commissioner allowing each of you this privilege even though it is not in the statute. I don’t think a Commissioner would only give you make-up time; they tend to try to make all privileges MUTUAL.
And Sanford Okura is my father-in-law! I married his eldest child 🙂
Best of luck!
I have a question about spring break. My children are out April 6-10.
Does that include the weekend prior?
YES! By Utah Code, holidays include the “continuous weekends.” i.e. the weekends attached to the holiday. That means your it starts TODAY!
I have a question since this new code was effective may 2019 does this apply to everyone going forward? Because I went to court in 2016 and got the old code effective with the judgment… do we need to go back to court to get the new code for visitation? Or does it automatically go I to effect for everyone that is going by the utah code for visitation
Very good question. Each case is subject to the law at the time of the most recent order. So in your case, the law is what it was in 2016. However, it can sometimes be difficult to find out what the law WAS at the time. If you have any trouble with that, just let me know rebecca@longokura.com because I keep all the old code books so that I can know exactly what applied for my clients old orders. I can get the 2016 code provision to you if you need it.
If my 4 children are picked up from school by my parents on my scheduled days that I work til 5pm. Is the kids’ mom liable to pick up the kids from my parents home and bring them to an agreed upon location to meet me to exchange them? Or where it is my scheduled day with the kids, am I still liable to either pick them up myself or arrange to have my parent drive them to meet me?
This is what Utah Code Ann. section 30-3-35 says:
“A step-parent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.”
Notably, it says this as related to weekend parent-time and holiday parent-time but it does not say this as related to mid-week visits!
Your court order should say who is to provide transportation for exchanges. If your court order doesn’t say, the norm is that the parent whose parent-time is beginning picks up the children, except again for mid-week visits.
Hope this helps!
Hi. I have some questions about spring break. My children attend different schools and have different spring breaks. 30-3-35.2i says “If there is more than one child and the children’s school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday…the children may remain together for the holiday period beginning the first evening that all children’s schools are let out for the holiday and ending the ending before any child returns to school.” I am reading this to say that the children may go on break only when they are together. Since my kids have breaks weeks apart that would mean he would have them only on the weekends when they are both out of school. Is that correct?
Hi Danielle, Let’s look at the code.
Utah Code Ann. sec. 30-3-35(2)(i) If there is more than one child and the children’s school schedules vary for purpose of a holiday, at the option of the parent exercising the holiday or the parent’s half of the holiday, the children may remain together for the holiday period beginning the first evening that all children’s schools are let out for the holiday and ending the evening before any child returns to school.
Okay, so the first thing to note is that under this code, spring break goes to the custodial parent, but some people have the holidays flipped in their orders. So go look closely at your court orders. Second, note that it says “at the option of the parent who is exercising the holiday.” In other words, if Dad has spring break this year under your orders, he can choose to take each child one at a time for spring break or take both children for spring break. In this case, since taking them together would do exactly what you explained; it would reduce his time to one overlapped weekend, I highly doubt that he will elect to take them together. It is very likely that his election will be to take them separately one week each.
Hope that clarifies!
Is Easter not considered a holiday for parent time schedules? Doen it just default to the parent who has the child that weekend?
Yes, in Utah Easter is not a holiday under the code. So that weekend just follows the parties regular rotation of parent-time. Of course, if the holiday is important to you, you can always ask to have that day in exchange for a day that might matter to the other parent.
Best of luck!
So if Spring Break is my ex’s this year, but Easter is mine (plus its my weekend in the rotation), who gets the kids?
Thanks
In Utah, Easter is not a holiday under the code and therefore is treated like any other weekend in the rotation. UNLESS it is on either end of the Spring Break holiday. If Spring Break goes from Monday through Friday- then the weekends on both ends of that go to the parent who has Spring Break. Holiday time trumps the regular rotation of weekend time.
Many Spring Breaks in Utah were two weeks ago and therefore are not contiguous to the holiday; so those parents will treat the coming weekend (Easter weekend) as any other weekend. For anyone who has Spring Break this week April 6-10, 2020, the weekend contiguous goes to the Spring Break parent.
Hope that helps!
Has anyone issued any guidance regarding confusing language about Covid-19 school closures and “extended spring break” in relation to coparenting timesharing? I’m in florida and there is a lot of confusion. Texas has issued statements clarifying but I need local information.
https://www.dallastxdivorce.com/2020/03/articles/children-and-parenting/texas-family-courts-and-exchange-of-children-during-this-state-of-disaster-related-to-covid-19-coronavirus/
https://access.tarrantcounty.com/content/dam/main/district-clerk/COVID-19_Policy_for_Family_Court_non_360th.pdf?fbclid=IwAR2QUYf5Zb2K3eLjtgFsLLfEu162GxnM3wGSM69LoWFe5ceZBng02EUTtHo
For more about co-parenting and the Coronavirus, check out my blog post from last week.
https://longokura.com/covid-19-coronavirus-and-co-parenting-custody-parent-time-and-child-support/
In Utah, while it is true when a parent is free from work and a child free from school, it follows Utah code that additional days would normally be appended to the spring break and the parent whose exercising spring break would get the longer time. However, I suspect that with many states declaring an emergency, all bets are off as for predicting how this additional time off school because of Covid-19 will be treated. I don’t think we can assume that it is actually considered spring break. At least not in Utah. I can’t tell you anything about the laws of other states and you should ask your local attorneys. But as I say in my blog post about the Coronavirus and co-parenting, it is vital that parents work to get a special Coronavirus plan in place and written down. The courts are going to be slow in handling new situations (Utah courts issued an order yesterday March 13, 2020, saying are open but many hearings will be delayed) so the absolute plan of action is to get something figured out with the other side, written down, and filed with the court as a temporary agreement only to be applied as you say in the document.
I’m a court-rostered domestic mediator and I’m doing electronic mediations for this very purpose and I’m sure others are as well. Good luck and stay safe and healthy.
Okay, I’ll keep looking and asking. I have calls in to attorneys and expect them to get back to me tomorrow morning (Monday) sometime. Thank you!
Happy to help! If you end up getting guidance from the court, please stop back and let us know what the court decided. It would be of interest to other readers. Thanks!
I will!
Okay well I’ve got a severe problem both on the subject of coronavirus and not and I need advice as to what I do because more than one child is being effected.
I am so confused about the summer custody schedule. My divorce was finalized in 2016. We go by Utah code 30-3-35 and 30-3-35.1. In our decree it states that we each get 4 weeks in summer we each get 2 uninterrupted and 2 interrupted. My ex husband keeps telling me every year this is based of a 8 week summer, but because the summers in Utah are longer than 8 weeks all the rest of the weeks should be split so the summer is 50/50. My understanding is that we each get 4 weeks and the rest is our regular custody agreement. He is also stating that since the kids are not physically in school right now he should have them 50% of the time. But that is not what our custody is our custody is he has them 145 overnights a year. Help!!
The Utah Legislature is extremely aware of what constitutes summer break. They know that it is usually in excess of 11 weeks. While the children may not be going to school right now, school is “in session” and that is the language used by the code. “In session” means that summer break has not yet started. When it starts, it often goes for 12 or 13 weeks. The legislature deliberately said two weeks to each parent with no interruption from the other side and the then another two weeks with mid-week interruptions for the other person to see the children. The rest of the summer the kids stay on their regular rotation of parent-time whatever that is.
When there is aftercare needed for a 9 yo child from 3:30-5:00 on certain days. Are both co-parents responsible for child care costs?
If the custodial parent is at work and that is why child care is being incurred, then the cost is equally the responsibility of both parties (unless you have a court order that says otherwise).
Here is the Utah Code about child care or day care (after school care):
78B-12-214. Child care expenses
(1) The child support order shall require that each parent share equally the reasonable work-related child care expenses of the parents.
(2)
(a) If an actual expense for child care is incurred, a parent shall begin paying his share on a monthly basis immediately upon presentation of proof of the child care expense, but if the child care expense ceases to be incurred, that parent may suspend making monthly payment of that expense while it is not being incurred, without obtaining a modification of the child support order.
(b)
(i) In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent.
(ii) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days of the date of the change.
(3) In addition to any other sanctions provided by the court, a parent incurring child care expenses may be denied the right to receive credit for the expenses or to recover the other parent’s share of the expenses if the parent incurring the expenses fails to comply with Subsection (2)(b).
Are the parents’ birthdays considered holidays or anything special beyond normal parent time?
To the chagrin of many parents, parents birthdays are not a holiday under the code. Only the children’s birthday is listed in the holiday code provision 30-3-35. Many parents will negotiate with the other side to include parents’ birthdays as an additional holiday but I have never seen it mandated by a court.
What does this mean?
if a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period
We get him Wednesday from school out to Thursday school in.
Every other weekend Friday school dismissed to Monday school start.
So we assume holidays something. School dismissal to when it resumes. Other party is saying school dismissal until 7 pm day before school resumes. But we are free from work 7pm- school resumes. So would we get that night?
You correctly quote 30-3-35 (2)(e)(i) “if a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.”
However, you cannot ignore the next subsection (ii) which is to be read in conjunction with subsection (i). “At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child’s school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend.”
Therefore, if the holiday falls on a Monday and the child goes back to school Tuesday morning, and on that Monday the parent is free from work and the child is free from school, the holiday begins after school Friday and ends Monday at 7:00 p.m. The election language at the beginning of the sentence is about whether or not the noncustodial parent has elected to get the child from school or if the noncustodial parent elects to begin parent-time at 6 p.m. that first day.
Hope this clarifies. Thanks for the question!
In this situation, isn’t there language that if 35.1 is the statute that the 7:00pm would be overruled to be instead “to start of school the next morning”?
30-3-35.1 states:
(6)(c) Subsections 30-3-35(2)(f) through (p) [these are the holiday sections] are incorporated into this section and constitute the parent-time schedule with the exception that all instances that require the noncustodial parent to return the child at any time after 6 p.m. be changed so that the noncustodial parent is required to return the child to school the next morning or at 8 a.m., if there is no school.
So the question is whether or not school is in session on the following morning. If school’s already out for the Summer break, then yes, the holiday extends to the next morning.
What if school is out for one child but not a sibling? Does the non-custodial parent need to return both children Monday at 7pm?
Hi, I was wondering about the parent time for birthdays. We are going by the 30-3-35.1 and we have always done the 3pm-9pm when its your year for their birthday. Today however he said I was kidnapping because unannounced to me he showed up this morning while I was gone doing things with my kids. He Stated that it says he has them from 8am on their birthday to 8am tomorrow becuase of the 35.1. I have read everywhere and can’t find this 8am to 8am thing. He just picked them up now at 3 because we were gone until then. And now hes saying that he gets them until 3 tomorrow because I kept them til 3. I’m just trying to follow the rules and make sure I understand it so I can keep it calm for the boys.
Thank you
Hi Amber,
Thanks for the question. The time for birthday visits is not found in 30-3-35.1. It is found in 30-3-35. Even for kids following 30-3-35.1.
30-3-35(2)(f) states “In years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i) child’s birthday on the day before or after the actual birthdate beginning at 3:00 p.m. until 9:00 p.m….”
I honestly don’t know how the code could be more clear. Based on this, I think a court would agree that it is not 8 a.m. and it’s certainly not an overnight.
Good luck!
I thought it said in the 35.5 statute that if the non-custodial parent’s holiday fell on a day the child is out of school, they could take them at 8am? And that any returns after 6pm would change to an overnight?
Utah Code Annotated sec. 30-3-35(2)(a)(i)(C) states:
at the election of the noncustodial parent, if school is not in session, one weekday from approximately 9 a.m., accommodating the custodial parent’s work schedule, until 8:30 p.m. if the noncustodial parent is available to be with the child, unless the court directs [otherwise].”
Utah Code 30-3-35.5 applies to children under five years of age and doesn’t have the above section but infers it by stating in (2) “All holidays in this section refer to the same holidays in 30-3-35.”
No where in either of these statutes does it state that exchanges after 6 p.m. revert into overnights.
HOWEVER, you may be thinking of Utah Code Annotated 30-3-35.1 which is an “Optional schedule for parent-time for children 5 to 18 years of age.” This code ONLY applies if the court specifically orders it or if the parties stipulate to it. But this code does contain the provisions you’re speaking of. The big question is whether you have an order or agreement that follows 30-3-35.1 as it is a fairly new code and doesn’t apply in all cases.
Section (6)(a&b)(ii) says that if the child is out of school and the parent is available to be with the child, parent-time may commence at approximately 8 a.m., accommodating the custodial parent’s work schedule. Further, section (6)(c) states: “Subsections 30-3-35(2)(f) through (p) are incorporated into this section and constitute the parent-time schedule with the exception that all instances that require the noncustodial parent to return the child at any time after 6 p.m. be changed so that the noncustodial parent is required to return the child to school the next morning or at 8 a.m., if there is no school.”
Good luck and hope this helped
If the decree was done before my child was in school and now is can I start picking him up on Wednesdays after school and on my weekend? Or do we have to go back to court to ask for this to happen? I know it says at the election of the non-custodial parent, but the other party is saying I do not get them until 5:30 on Wednesdays and 6:00 on Fridays, but I am home when he gets out of school and want to be able to pick him up from school especially Wednesdays since that is such a little amount of time and most of it is used commuting.
Hi Stacie,
The code specifically states in Utah Code Annotated 30-3-35(2)(a)(i)(B) that the noncustodial parent, at his or her own election, may pick one weekday from the time that the child’s school is regularly dismissed until 8:30 p.m., unless the court directs other a specific time.
It does not sound like the court ordered you to a specific time but you should check your decree.
Further, Utah Code Annotated 30-3-35(b)(2)iii states “elections should be made at the time of the entry of the divorce decree or court order, and may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child’s schedule.”
If the Decree and/or code contain the information needed to execute a change, you do not need to return to court to make that change.
I have a question about (f) (ii) which states: Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
Does this mean the noncustodial parent can extend custody until the next morning if they want to? Or does this mean I am entitled to pick up my children at 7 p.m. regardless of the noncustodial parent’s wishes? I am confused because why would it state the holiday ends at 7 p.m. IF the noncustodial parent is able to alter and extend the holiday freely?
Currently, the noncustodial parent claims that I don’t get to pick up my kids at 7 p.m. because he is “extending the holiday” by saying he just wants to keep them longer/overnight. I thought that he only got to do that IF he was actually on a trip and out of town.
An additional question: Is the noncustodial parent even allowed to take them out of town and make the kids unavailable to me past that 7 p.m. deadline listed above?
Also, is there an official definition of this phrase: “unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled”?
My ex-husband and I interpret this phrase differently. Please Help.
Hi Angela:
The code provision that you need to refer to is 30-3-35(2)(c):
Holidays include any “snow” days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time.
When the code provisions around holidays speak of “extending the holiday,” the provision is NOT saying that it extends to the next morning. In fact, each holiday designation in the code says exactly at what time at night the children are to be returned. The only way that the time extends past the holiday is if it is a break or snow day or weekend and the children are off school for a longer period of time contiguous to the holiday. So, in your example, if the TUESDAY after Martin Luther King Day, the children were off school and the parent was off work, then it would extend to Tuesday. But I think that would be very rare.
No, the parent doesn’t just get to extend the holiday. It’s per the code definition as stated above.
The parent may travel with the children for his or her holiday subject to Utah Code Annotated section 30-3-36(2). However, the time for parent-time doesn’t change just because of travel. The travel must be done within the confines of the parent-time of the code or the decree, unless the parties otherwise agree.
Utah Code Annotated 30-3-33(7), the advisory guidelines that are suggested, says that regular school hours should not be interrupted for parent-time. Again, parties can agree otherwise. Therefore, travel should not prevent attendance at school unless both parties agree.
I have a question on the uninterrupted 2 weeks time. can it be split. can I use one week one month and the next week another month… it will equal 2 weeks. it does not say anything about consecutive or not splitting it up and since it an even number year I get first option so my question is can you split the 2 weeks of uninterrupted time?
Hi McKelle, Welcome back!
Here is what 30-3-35(2)(l)(i) says:
“Extended parent-time with the noncustodial parent may be up to four consecutive weeks when school is not in session at the option of the noncustodial parent including weekends normally exercised by the noncustodial parent, but not holidays.” The code goes on to say that two of these weeks are uninterrupted by the other parent’s time, and two are interrupted for the custodial parent to exercise some parent-time.
Your question is a good one for several reasons. Firstly, what about the custodial parent’s extended time? Secondly, what does “up to” and “at the option of the noncustodial parent” mean in this context?
To answer the first question, the custodial parent, in 30-3-35(2)(m), is entitled to “an identical two-week period of uninterrupted parent time….” This appears to mean that both parent’s are entitled to exactly the same right for two weeks of uninterrupted parent-time. But only the noncustodial parent is offered a second two weeks of interrupted parent-time.
If the custodial and non-custodial parents are both entitled to two weeks of uninterrupted time, what can that time look like?
Here we have to make some logical leaps. And when making logic leaps, it is always possible that a court could absolutely disagree. So take all of this with a grain of salt.
However, if the two weeks are to be treated the same for both the noncustodial and custodial parent. And if the code says “up to” and “consecutive” but says that this is “at the option” of the parent exercising the time. It seems a logical conclusion that a parent can choose NOT to do all of it or can choose not to do it consecutively. No where in the code does it say that a parent who chooses to do it broken up instead of consecutively loses his or her parent-time.
So, based on all of this, I think a fair and arguable reading of the code would be that you can break it up. A court could differ with this but I think it’s unlikely. Courts do not habitually make determinations that restrict time with parents and tend to support interpretations that seem fair, as long as both parents get to enjoy that interpretation.
Note that both parents are supposed to provide 30 days notice to the other parent of his or her selected weeks for extended parent-time prior to the end of the school year.
I have a question about summer parent time in Utah. I am the custodial parent. The Non-custodial parent works out of town during the week with no known address (he lives in a horse trailer at a families property) 150 miles away. He then comes back to the town where we lived and picks up our 8 yr old son. At this point he does not tell me where he will have our child. He works during the summer this same schedule, and I am concerned how I should handle the summer visit with the current situation. Any advice would be appreciated.
What about breaking the time up even further into individual days here and there instead of in week long increments? Will a judge support that? So 14 individual days throughout the summer instead of any consecutive days.
What if your decree says: (no code)
If the parties reside in the same state and within 150 miles of each other, reasonable parent-time shall be as the parties agree. If the parties do not agree, the following schedule shall be considered the minimum parent-time to which the non custodial parent and the minor children shall be entitled: every other weekend
???? There is no code?
Is it truly just every other weekend and that’s it? I’ve looked online everywhere trying to get clarity
Hi Tiare:
It sounds like your decree is trying, perhaps unsuccessfully, to mirror Utah Code Annotated 30-3-35. This doesn’t sound like a court order but something written and agreed to by the parties, with or without counsel.
The intention might have been to follow 30-3-35, but the court will allow parties to negotiate their own schedules. So, it is conceivable that a court could take this at face value and assume that the parties really did intend to ignore all holidays and summer parent-time.
On the other hand, this is LESS than standard minimum parent-time which court’s are not inclined to do without good reason. I think you need to go take your Decree to a lawyer and get some advice about changing it to be more specific and perhaps expand the paren-time. Let us know if we can help.
I have a question regarding Spring Break – For Alpine School District, there is one week where the kids don’t have school – The days that they have off are April 6th- April 10th (the last day of school is April 3rd). When you look at the district calendar, it says that April 6th is a Snow Make up day and April 7th is Teacher Comp. Day. My question is if April 6th and April 7th are considered part of Spring Break – which would mean I would get them at 6:00 pm on April 3rd. From what I’ve read, it seems like Spring Break is the full week including the Snow Make up day and the Teachers Comp day. Thank you!
https://drive.google.com/file/d/1OzyC4JK2vV5gGMempsn-hdZ_8sQWVz33/view
Hello Chad, Thank you for asking with plenty of time before the break gets here.
Throwing that make-up for snow day in there could have a big impact. So let’s break it down.
Utah Code Annotated 30-3-35(2)(c):
“Holidays include any “snow” days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time.”
30-3-35(e)(i):
“If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the [parent exercising parent-time] shall be entitled to this lengthier holiday period.”
Based on this, your reading seems correct. IF they are not going to school on Monday April 6th!!!! If they use that make-up day it will screw up your weekend of April 3-5.
If they don’t use the make-up day and your children are off school, then your parent-time would start April 3rd (picking up from school if that’s the election you’ve made or from 6:00 p.m. if you haven’t made the general election to do pick-ups from school as the start of your parent-time) and will end Sunday April 12th at 7:00 p.m.
Let’s hope that they don’t use that make-up snow day 🙂
Thank you so much!
You are very welcome. Glad you find the blog helpful!
I have a question on Christmas Break and Christmas Day. The decree says that each parent gets 1/2 of the Christmas Break but Code 30-3-33 #17 states that each parent gets equal time on religious holidays. How does that work. According to the decree, we get the kids until a day after Christmas. Do we have to return them earlier to share Christmas, or does the decree trump the code?
The Decree is always the ruling document over vague code provisions. But I think that this reading of Utah Code Annotated 30-3-33 is a little narrow. Utah Code Annotated 30-3-35 provides a full explanation of what 1/2 of the Christmas holiday means in much detail.
Therefore, I believe that when a court reads “1/2 of the Christmas Break” in a Decree, they will turn to Utah Code Annotated 30-3-35 (2)(f) & (g) and will apply that code to determine what 1/2 of the Christmas Break is.
Since I was traveling for Christmas in 2019, I didn’t get to your question until after the Christmas break for 2019. If you negotiated something other than 30-3-35 with the other parent, you have a good opportunity to require a fair division based on that negotiation for 2020. In other words, if you didn’t follow the code and came up with your own plan, you can do the same for 2020. The court will try to support fair, equal plans over several years if they were agreed to in writing, including email or text, and actually were acted upon.
During the mid week visit can you tell me how the traveling works. With out every other weekend the receiving parent is to pick up. Does this also go for the mid week visit?
It used to be, back in the 2001 version of Utah Code Annotated sec 30-3-33, that the code very specifically said that the non-custodial parent was to provide transportation for parent-time. In 2004, that language was removed from the statute. The statute now says transportation for parent-time should be “determined by the court when the parent-time order is entered.” Therefore, the first place you need to look is at your parent-time orders and see what it says about transportation.
As a common practice, the court usually says that the parent whose parent-time is beginning picks up the child. Historically that has NOT included the mid-week visit, for which the non-custodial parent provided transportation both directions because the limited hours often meant that the parent and child did not go to a home but went out and did something. There is no such presumption anymore.
Unfortunately, what this all means is that if your court order is not specific on parent-time transportation, it is something that you will have to negotiate with the other party. If you ever have to return to court, remember to ask for orders on this issue.
Good luck!
Currently under temporary orders for a month. Transportation was not specifially addressed in our temporary order hearing. Parenting plan 30-3-35. For alternating weekends the receiving parent is doing the transportation. Seeking clarification on transportation for midweek visits this seems to be a fuzzy area. Would it be reasonable for me to expect her to pick up at my home for midweek visits.
I have a question in regards to the Christmas order for 30.3.35, I just need help figuring out the exact days, She gets out of school on December 20- January 3. I get the second portion of Christmas break I just need help figuring it out. From what I take from it we both would get 7 full days which is equal but its not even so when is the switch on which day?
Hi Mckelle, Welcome! As you stated, this is what the code says for Christmas:
“(viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.”
Sounds like your child’s last day of school is Dec. 20th and Jan. 3 is a Friday so the first day back to school is Jan. 6. Therefore, the overnights of Jan. 3 & 4th have to be included since they are a weekend contiguous to the holiday period. (See 30-3-35(2)(e))
Altogether that is 16 overnights, since the holiday starts after school on Dec. 20th and ends Sunday night Jan. 5th at 7:00 p.m. according to the Code. The 1/2 way is 8 overnights each. So, the exchange would happen on December 28th and since it is an even number of overnights, the exchange is at 7:00 p.m.
Hope that helps! Happy Holidays!
Can you help with this year’s holiday break schedule as well? My son’s last day of school in December is the 18th and he goes back to school on January 4. I have the 1st half of the break. Would we switch at 7pm on the 26th?
Hi! If I remember correctly from when I went through my divorce, there is essentially a night per year ‘cut-off’ where if the non custodial parent has more than X nights per year their child support drops significantly. What is that X number of nights per year? Currently I my divorce decree states I am entitled to 105 nights per year, but my work schedule has changed and I have the ability to have my children more… like 120-130 nights per year. I’m trying to figure out if trying to change my divorce decree would be monetarily worth it. I am in Utah County. THANKS FOR YOUR HELP!
Hi Tyler,
It may be good to experiment with different overnights on the child support worksheet.
https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/actions/Csc0002
Above is a link to the Office of Recovery Services Child Support Calculator. It is, for all intents and purposes, the child support calculator used by the courts. In my general understanding, while the Code moves parents to the “Joint Custody” worksheet at 111 overnights, the big changes in child support do not seem to happen until we are around 130 or more. But the best way to know for sure is to put your incomes and overnights into the calculator and see what pops out. It’s easy to use. All you really need is the number of children, incomes for each party, and the number of overnights for each party. It may not be exact if you aren’t sure about incomes but you could get a ballpark figure.
Good luck!
I know this is an old post on which to leave a comment. I’m questioning the ‘reasonable alternate arrangements’ wording on the parent-time section dealing with non-custodial parent returning children at the agreed time. My ex regularly expects me to return the children to her in Pleasant Grove, or Provo (at her family’s home) when she and the children live in Riverton.
I read the statute to say that she can make reasonable arrangements to have someone else present at her home to receive them. She reads this as saying she can force me to drive somewhere else to return the children to her (often with little or no notice) – based on her personal plans for the time at which they’re to be returned.
Thoughts?
Hi Brandon, thanks for leaving a comment. It’s an old but active thread so come back anytime! You question is great because it highlights an aspect of the code that is very problematic. First, of course, look at your current court orders. MOST orders, not all, state that the parent whose parent-time is beginning is the one responsible for going to pick up the children (except for a mid-week visit, then the noncustodial parent drives both ways.)
If your decree/orders do not state anything about transportation for parent-time, then we turn to the code. Unfortunately 30-3-35 is almost completely silent about pickups, drop-offs, and exchanges.
The only provisions found in 30-3-35 are sections (2)(b)(ii) and (e)(iii): “A step-parent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.”
That’s not a lot of guidance. It just means that someone else, other than the noncustodial parent, can pickup the children for parent-time as long as the noncustodial parent will be with the children by 7 p.m. and the noncustodial parent knows who the person will be. (They do NOT get to veto the selection.)
So, we have to look elsewhere in the code. I then see Utah Code Annotated 30-3-33. The Advisory Guidelines. These guidelines are not mandatory and often are NOT found in the parties decree/orders. You’ll have to go to your order to see if the guidelines are or are not specifically ordered as the law on your case. If not, they are not enforceable, and they are merely a “suggestion.”
In that code provision, look at subsection (5) which says, “If the noncustodial parent will be providing transportation, the custodial parent shall have the child ready for parent-time at the time the child is to be picked up and shall be present at the custodial home or shall make reasonable alternate arrangements to receive the child at the time the child is returned.”
It reads to me that she is responsible for having the children ready AT THE CUSTODIAL HOME. The “reasonable alternate arrangements” is an implication, in my reading, that the she is to have someone at the custodial home or make other child care arrangements when the child is returned. Reasonable, by definition, is not having the noncustodial parent drive around. The provision about making an “arrangement” is so that she is not found at fault for not being home; it does not read in a manner implies that the noncustodial parent has to do anything other than show up at the custodial home.
Of course, if it would be reasonable to meet somewhere else- REASONABLE FOR BOTH OF YOU, not just her- you can always make that arrangement. Hope this helps. Good luck!
.
I have a bit of a non-traditional problem with visitation with my children and I see nothing here or on other websites regarding the unique circumstances surrounding this issue. It mainly involves 30-3-35.1.
I live in Sweden, am a Swedish and American Citizen. I work here and my life is here. My ex and my three girls live in Utah. Yes, I would love to move closer to them, but would have to start from scratch with my career and the cost of moving would be astronomical. I pay child support every month as much as I can, though it is not the exact amount of what the Utah State Child Support calculator spit out on my gross salary due to a 35-37% tax rate here. this would essentially leave me with nothing to live off of.
In our divorce decree and all pre-arrangements, I am to have 6 continuous weeks in the summer (no specification where), every other holiday, etc. My ex is refusing to let the girls come to visit me here during our allotted time. Last year she said she would allow, on conditions….. 1. I pay for her passport, her flight here with the girls and then her flight back after the 6 weeks. 2. If I were to fly there, pick up the girls and fly them back. 3. I must pay for all of their tickets and passports. (I agreed to this last one and even the second) on the grounds that I feel (as outlined) it is my responsibility. However, it does not say in any court decree nor divorce agreement that I may not use airline personell (who are certified to help and assist minors in travel) to fly with my girls. However, after much back and forth, I agreed to fly there and pick them up.
I was planning for this last summer for them to fly here to Sweden, however she said no, she wouldn’t allow it. So I ended up traveling there for three weeks as hotels, car rental, eating out, activities, etc are so expensive, the trip cost me more than to bring all three here. But I obliged her wants on this occasion.
I am now trying to bring my oldest here (14 years old) for 6 weeks next summer. I want to get the process started to get them passports, flight, etc. I sent my ex the plans and only asked for her help getting my oldest her passport, that I would pay for. However, she responded that she will not allow again, using the fact that I am behind on child support.
But I did read that she cannot do this (refuse visitation) on grounds of $200 shy a month on child support (I still pay 500-600 every month).
What do you think are my options at this point. Two fold, can I file a contempt of court on the visitation (but do you think this would hurt me if she files contempt of child support)? Two, the US Dept of State states clearly that only the legal custodial parent can apply for the passport or can give me written permission to do so, but she is refusing this as well. Do you think it is possible to enforce this permission as well?
Thanks for listening.
I cannot give you any legal advice about how to proceed unless you contact us and set up a consultation. The ethical rules about giving legal advice require this. However, I can tell you that in my long-time experience in Utah courts it has become very clear to me that the Judges get in an absolute tizzy when people tie parent-time to child support. The receiver has a right to child support and both parties have a right to parent-time. More than that, the Court’s perspective is that the children have a right to a relationship with both parents. The Courts are quite rigorous in enforcing this.
My ex and I divorced in 2012. We have our own written plan. In it he is supposed to pick our 2 children up for a weekday visit on Wednesday’s and I pick them back up at 8p on same Wednesday. He chose 6 years ago to quit picking them up and told me he wouldn’t be anymore. He mentioned today that he might want to start taking them some Wednesday’s again. Since it’s been so many years since he did a weekday visit do we have to comply with this or can we say no you set a new standard schedule when you quit 6 years ago? My children have said they don’t want to go, if they did I wouldn’t stop them but I am asking because they said they don’t want to.
We have contacted you by email as your situation is very specific and I cannot comment on in it a public forum and without a conflict check. You need some legal advice on how to proceed. Let us know if we can help you with that. Our consultations are very inexpensive.
It’s my husband’s (he’s the non-custodial parent) year to have Veteran’s Day with his son. Since it falls on a Monday, does the holiday time include the weekend as well?
Thanks in advance!
Yes, for holidays that fall on Monday or Friday and are contiguous the weekend, and both the parent and child are free from work and school, the parent gets the entire weekend from after school on Friday until Monday at the time designated by the code which is usually 7:00 p.m. This provision is found at Utah Code Ann. 30-3-35(2)(e).
Hi Rebecca, I have another birthday question. If the CP is to have the child’s birthday, but the birthday falls on a Saturday during NCP’s weekend, what trumps what? Does the birthday end up being absorbed by the NCP’s weekend, or does the child spend their birthday with the custodial parent? Of course, observing the day-before or the day-after rule for NCP.
Hi Marie, Thanks for stopping by the blog! Just to orient ourselves, let’s look at the three places in Utah Code 30-3-35 that are relevant to birthdays for people who are doing the schedule for standard minimum parent-time. Some people are NOT doing standard minimum parent-time but DO follow 30-3-35 for holiday division; in that case, this statute provision and blog question & answer also apply.
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Utah Code Annotated 30-3-35.
(2)(f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i) child’s birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m., at the discretion of the noncustodial parent, the noncustodial parent may take other siblings along for the birthday;
(2)(g) In years ending in an even number, the noncustodial parent is entitled to the following holidays:
(i) child’s birthday on actual birthdate beginning at 3 p.m. until 9 p.m., at the discretion of the noncustodial parent, the noncustodial parent may take other siblings along for the birthday;
(2)(c) Holidays include any “snow” days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule, however:
(i) birthdays take precedence over holidays and extended parent-time, except Mother’s Day and Father’s Day; and
(ii) birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted time takes the child away from that parent’s residence for the uninterrupted extended parent-time.
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So this year 2019 (an odd year) the custodial parent has parent-time on the child’s birthday itself and, according to (2)(c), this takes precedence over regular weekend parent-time. In fact, the code goes on to say, that the only time that the child’s birthday doesn’t trump other time is Mother’s Day, Father’s Day, and extended uninterrupted parent-time IF the parent is traveling with the child.
Hopefully that clarifies the code. Good luck!
Please help, my ex have had very minimal contact and is now trying to jump right into a minimum schedule, he has also paid very minimal child support, I feel that a four year old should not be forced into overnight visits and time with him alone when she doesn’t know him. If he tries for temporary orders will he get minimum parent time even if I have proof of his lack of contact
Hi Sara, I suggest that you contact our office for a consultation. Our consultations are $25 for one hour of time with an attorney to thoroughly discuss your situation and come up with a game plan- one we do for you, or one you do yourself. I cannot tell from your description whether or not any current orders exist and that could have some impact here. Also how much is “minimal contact”? We would need to flesh that out a bit in order to give you a better indicator of what to expect. However, we should do that in private, not on this open forum. However, as to the bigger question of how to think about parent-time starting when there has been minimal contact, we often see commissioners and judges putting in a “reintroduction period” which could mean many things based on the circumstances. It could include a gradual introduction from a few hours that leads overtime to standard minimum (or more) parent-time; it could include parenting classes; it could include therapy with the child and the unfamiliar parent. But, the court is not inclined to put a lot of barriers in place between a biological parent and standard minimum parent-time, so if steps or therapy are needed, it should be articulated very clearly WHY and how those steps will benefit the child. Also, it is usually the case that the parent who has had minimal contact claims that he or she was not permitted time with the child; that the custodial parent made it difficult or somehow declined to allow significant parent-time. That issue will also be addressed by the court. If there is any proof of that, the court is even more likely to accelerate reunification with the non-custodial parent. If you have no court orders, NOW would be the time to go get some so that the situation does not escalate. Let us know how we can help you.
I have a question regarding the phrase “when school is in not session” on Utah code 30-3-35. My understanding of this phrase is it would be during the summer or if year round school it would be when school is on break. NCP is wanting to add a no-school professional/teacher work day to the weekend. CP is stating because school wouldn’t be in session for that day child would not be able to be picked up unitl 9am on Friday. I understand that it would be afterschool on Thursday because NCP has made the election of picking up the child from school. Can you clarify this?
This is a great question because I have not seen this specific issue as presented here argued in court.
Firstly, as always, go to your Decree and follow that. If your Decree is following 30-3-35, then we need to look there. There is more than one place where this language of “when school is not in session” appears in 30-3-35. Your question is about the second time it’s used. Here it is:
“If the parties do not agree to a parent-time schedule, the following schedule shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled….
… (b)(i)(A) Alternating weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
(B) at the election of the noncustodial parent, from the time the child’s school is regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of Subsection (2)(b)(i)(A); or
(C) at the election of the noncustodial parent, if school is not in session, on Friday from approximately 9 a.m., accommodating the custodial parent’s work schedule, until 7 p.m. on Sunday, if the noncustodial parent is available to be with the child unless the court directs the application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).”
The important section here on this issue is (C) . This provision is not about summer parent-time or holidays or mid-week visits. (Notably all of those also have the “school is not in session” language.) This is about regular rotation of weekend parent-time. So this provision applies to any weekend parent-time on a Friday when school is not in session, parent-time can begin at 9 a.m.
When you look at subsection (B) of that provision it speaks only of having the election to pick up straight from school on Friday not Thursday. I don’t see in the statue anywhere that says that if school is not in session on Friday that the parent can pick up Thursday after school. The language of (C) clearly says 9:00 a.m. is the start time for parent-time on a Friday when school is not in session and is contiguous with the weekend.
Others may differ on this and a Commissioner could disagree but reading the plain language of the statue, it appears to me that parent-time for the non-custodial parent starts at 9:00 a.m. on Friday when school is not in session and that Friday is contiguous to the non-custodial parent’s weekend parent-time.
Best of luck!
Rebecca
What is your interpretation for Veteran’s Day this year. It’s the NCP holiday with the holiday taking place on Monday would the NCP have the child from after school on Friday until the end of the holiday period at 7pm on Monday. It is the CP scheduled weekend.
Hi, thanks for the question. Of course defer to the provisions of your Court order, but if your Court Order is following Utah Code Ann. 30-3-35, then section (2)(C) says:
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“(c) Holidays include any “snow” days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time….”
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To be even more clear, the legislature spells it out further in subsection e:
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“(e)
(i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
(ii)
(A) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child’s school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B) at the election of the noncustodial parent, if school is not in session, parent-time over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the custodial parent’s work schedule, the first day of the holiday weekend until 7 p.m. on the last day of the holiday weekend, if the noncustodial parent is available to be with the child unless the court directs the application of Subsection (2)(e)(ii)(A).
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Therefore, for holidays that fall on a Friday or Monday (“days when school is not scheduled, contiguous to the holiday period”) the holiday and the weekend off school go to the parent who is enjoying that holiday parent-time.
If you’ve made the election, per the language found in 30-3-35 to pick up from school on Fridays, then the holiday period would start then and end at 7:00 p.m. on Veterans Day.
Good luck!
Is this still the case if the child has school on Veteran’s Day? Would the parent exercising parent time get to have the child for the weekend and be responsible for getting the child to school on Monday (Veteran’s Day)?
Yes, if the child has school on the holiday, the parent exercising that holiday parent-time is the one responsible for getting the child to school on that day.
What age can a child choose not to follow parent-time?
Over the years I have had clients tell me over and over various ages at which their children can “decide for themselves.” My answer is always “NOT IN UTAH THEY CAN’T.” When they are 18, the law about parent-time stops applying to children. However, practically speaking what does this mean for parents, right? How do you make a 16 year old go on parent-time?
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Utah Code 30-3-10 states:
(5)
(a) A child may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the child be heard and there is no other reasonable method to present the child’s testimony.
(b)
(i) The court may inquire of the child’s and take into consideration the child’s desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the child’s custody or parent-time otherwise.
(ii) The desires of a child 14 years of age or older shall be given added weight, but is not the single controlling factor.
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The really important part of this is (b)(ii) which says that at 14 or older a child’s desires are given added weight, but it not the single controlling factor. It is worth noting the above paragraphs about testimony. The Court LOATHES putting children on the stand or even talking to them in camera (in their chambers) about custody and parent-time. Usually, the child’s desires are figured out by the use of a custody evaluator who is a child developmental psychologist or licensed clinical social worker. That expert then testifies about the best interest of the child and that expert is the one who takes the desires of the child into consideration, only rarely actually telling the judge what the child said they wanted.
What the code means is that what the child wants is always taken into SOME consideration and that increases at 14, but the child never ever gets to decide.
I get why this could be frustrating for parents. For example, if I were getting divorced and wanted full custody and know that my child would prefer it too, it’s hard to figure out why someone would be against that. Or if I were the non-custodial parent and every time I see my child he asks me why I don’t have more time with him, it seems to me pretty clear that it would be best for him to have more time with me. The child may be angry at a parent or feel estranged from a parent and so making them go seems like violence towards them.
But the law doesn’t see it that way.
While this may seem counter-intuitive, it is actually pretty soundly based on child developmental theory and best interests of the child analysis. Children who are very young will sometimes want to be with a parent for reasons that are not necessarily in the child’s best interest such as later bedtimes, more candy, endless video game playing, or they feel that the parent they are choosing “needs them more.” Older children can choose based on things such as permissiveness with curfew, dating, driving, piercings, or again wanting to protect or take care of a parent.
The other thing happening when a child is perceived as having the choice is that the parents will at times pit the child against the other parent or lobby the child to say that the child wants to be with them. This is, of course, damaging to the psychology of the child who needs to feel save, loved, and accepted in both homes, and also should be able to stay out of the fight.
The use of a well qualified custody and parent-time evaluator is usually a good way to cut through this and have a trained person take all of the factors and all of the history of the case and see what will psychologically benefit the child. It is also true, however, that judge’s can and do sometimes decide to totally disregard the evaluator’s recommendation, which means a lot of wasted money or a surprise turn around of outcomes at the last moment!
The next question related to this is what to do with a child who simply will not comply with court-ordered parent-time? The usual best answer is to get that child into reunification therapy with the non-custodial parent so they can sort out their relationship. I’ve had Commissioners say everything from “well I can’t make a 17 year old do anything” to “if you have to physically force them into the car, that is your responsibility.” Basically, the custodial parent better be able to show that they have made best efforts to make parent-time happen. And non-custodial parents who ask for more time or want to become custodial parents should be able to evidence with written documents all of their reasons for why there should be a change.
Good luck and thanks for the important question.
Rebecca
Where I find the information for Birthdays and holidays. I agreed to UT 3-3-35.1 Thank you for your help
*30-3-35.1
Hi Julio,
If you’re following 30-3-35.1, first you’ll see this provision about holidays and birthdays.
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(9) Holidays include any “snow” days, teacher development days after the child begins the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over weekend parent-time. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule.
(a) If a holiday falls on a school day, the noncustodial parent shall be responsible for the child’s attendance at school for that school day.
(b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
(c) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child’s school is dismissed at the beginning of the holiday weekend or, if school is not in session, and if the noncustodial parent is available to be with the child, parent-time over a scheduled holiday weekend may begin at approximately 8 a.m., accommodating the custodial parent’s work schedule, unless the court directs the application of Subsection (6)(a).
(10) Birthdays take precedence over holidays and extended parent-time, except Mother’s Day and Father’s Day. Birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken along for birthdays.
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BUT THAT DOESN’T TELL YOU WHEN YOU HAVE A HOLIDAY OR BIRTHDAY WITH THE CHILD/REN!!! Yup, you have to go look at 30-3-35 for that information if you Decree or court Orders don’t otherwise dictate. ORDERS and DECREES always take priority over the code, so look there first. If not defined in your documents, go to 30-3-35 to see the holidays and birthday schedule. Here’s a link: https://le.utah.gov/xcode/Title30/Chapter3/30-3-S35.html
Good luck and let me know if you have any more questions.
The optional schedule for visitation says I can pick my child up for my weekend when school is out OR at 6:00. Does that mean I I don’t get them when school is out, I need to wait until 6?
Hi Danny, Thanks for the question. Here are the code provisions that are related to your question, as found in 30-3-35.1 (I assume this is the “optional schedule” to which you are referring.)
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Effective 5/14/2019
(5) An election required to be made in accordance with this section by either parent concerning parent-time shall be made a part of the decree and made a part of the parent-time order. An election may only be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child’s schedule.
(6) If the parties agree or the court enters an order for the optional parent-time schedule as set forth in this section, a parenting plan in compliance with Sections 30-3-10.7 through 30-3-10.10 shall be filed with any order incorporating the following optional parent-time schedule.
(a) The noncustodial parent or the court may specify one weekday for parent-time. If no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the following day when delivering the child to school, or until 8 a.m., if there is no school the following day. Once the election of the weekday is made, it may only be changed in accordance with Subsection (5). At the election of the noncustodial parent, weekday parent-time may commence:
(i) from the time the child’s school is regularly dismissed; or
(ii) if school is not in session, and the parent is available to be with the child, at approximately 8 a.m., accommodating the custodial parent’s work schedule.
(b) Beginning on the first weekend after the entry of the decree, the noncustodial parent shall be entitled to alternating weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m. if there is no school on Monday. At the election of the noncustodial parent, weekend parent-time may commence:
(i) from the time the child’s school is regularly dismissed on Friday; or
(ii) if school is not in session, and the parent is available to be with the child, at approximately 8 a.m. on Friday, accommodating the custodial parent’s work schedule.
(c) Subsections 30-3-35(2)(f) through (p) are incorporated into this section and constitute the parent-time schedule with the exception that all instances that require the noncustodial parent to return the child at any time after 6 p.m. be changed so that the noncustodial parent is required to return the child to school the next morning or at 8 a.m., if there is no school.
(7) A stepparent, grandparent, or other responsible adult designated by the noncustodial parent may pick up the child if the custodial parent is aware of the identity of the individual, and if the noncustodial parent will be with the child by 7 p.m.
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In light of this language, it does appear that a court’s reasonable interpretation is that 1. you must ELECT to pick up directly from school and if you cannot do it yourself because of work or school, you can allow someone else to do it as long as you are there with the child by 7 p.m., 2. if that is not an option, you must wait until the later time as designated by the code, 3. you can always agree in writing to a new mutually acceptable pick-up time if the other side will agree to it. Never underestimate the power of simply pointing out why a different time works better for not just you but often the other party and the child.
Notice that the time to elect pick-up times is very defined and cannot be changed willy-nilly unless agreed to in writing.
My EX is telling me I cannot take my children to see their grandparents in Nevada during my scheduled parent time without his permission. Is that accurate? I was told that all I needed to do was provide him where we will be and emergency contact information while we are away. I plan to have the children back and available for his scheduled time of exchange.
Hello Ashley, Always start by looking at your court order (or Decree). The court order trumps any thing else so you have start there. If it doesn’t say anything about out-of-state travel then we turn to the code Utah Code Annotated 30-3-36(2) which states:
(2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:
(a) an itinerary of travel dates;
(b) destinations;
(c) places where the child or traveling parent can be reached; and
(d) the name and telephone number of an available third person who would be knowledgeable of the child’s location.
If your document does not say otherwise, it is likely that the Court would turn to this statute and apply it. Good luck!
I’m custodial parent with 50/50 joint custody. Due to work schedule changes I just need to switch Wednesday/ Thursdays for Monday/ tuesdays with my ex. Does this have to go through the courts via petition given that I’m not asking for more hours?
The place to begin is to just ask the other side if they are willing to make the change since it’s work related. If the other side is willing, all you have to do is write it down, notarize it with both of your signatures, and file that new agreement with the court. If the other side WON’T agree, you’ll need to look at your Decree to see if mediation is the next step when the two of you have an issue and you can’t come to an agreement. Usually, but not always, mediation is required in your Decree before you come back to Court. Either way it’s probably a cost effective idea. If mediation is not required, fails, or the other side refuses to attend, you may have to file a Petition to Modify your Decree. Hopefully it won’t come to that but it really depends on the circumstances. Good luck!
Say if the Ex has MLK day next year, but he has to work Monday (MLK day) and wants to return the kids Sunday instead. But the weekend would normally be my weekend. Does he forfeit the whole weekend because he “can’t” take them the actual holiday?
This question is a very good one. The way that I know it’s a good one is that I don’t know for sure what the court would say here. I suspect that they would not say he doesn’t get any of it if he cannot take the whole thing. While I understand the argument that you could make – that he shouldn’t get the weekend holiday if he isn’t available- I also have seen courts really try to get as much time as possible with each parent. I think a commissioner or judge could reasonably say that as long as you know the hours he can do be available in advance, he still gets the partial weekend. You have some good arguments to ask to trade for a weekend holiday where he WOULD be available the whole time. It’s a really good question and could go either way. The best would be to work it out with the other side in a way that you both think is fair and maximizes the time you both have with the kids. For example, trading another weekend or holiday that is more important to you than MLK weekend.
Spouse lives in state next to utah. Spouse has full physical custody and we have joint legal custody. Who pays for me to pick up chils for visitation? Are they required to meet me halfway so it is feasable for me to see child on weekends? If they don’t meet me halfway, I have two 10-hr round trips on a weekend to make it happen which makes it unfeasable.
The first place to look for guidance in you court orders. Does it have a provision for parent-time when you live in two separate states? If you lived in two different states at the time of the orders hopefully someone thought to add a provision about this parent-time and payment of travel. But if you lived in the same state at the time, you may need to go back to court to revisit this issue.
If the orders (or Decree) simply refer to Utah Code Ann. 30-3-37, it is likely that the subsection 12 applies. This is what it says about payment [the brackets are added information from me and do not appear in the code]:
“Unless otherwise ordered by the court, the relocating party [the person who moved out of State] shall be responsible for all the child’s travel expenses relating to subsections 6(a) and (b)[this sets out the holiday parent-time] and 1/2 of the child’s travel expenses related to Subsection (6)(c)[extended summer parent-time], provided the noncustodial parent is current on all support obligations. If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent shall be responsible for all of the child’s travel expenses under Subsection (6), unless the court rules otherwise. Reimbursement by either responsible party to the other for the child’s travel expenses shall be made within 30 days of he receipt of documents detailing those expenses.”
There is no requirement to meet you half way but they may very well be responsible for 1/2 of the expenses, either driving or flying. Because of this, they may choose to meet you (or not). If your orders are unclear on the issue, you may wish to take it up with the other party at a mediation on the issue and then return to court for clarity if you cannot resolve it yourselves.
Read your documents closely. This is the type of issue that really depends very much on what exactly your court orders or Decree say.
I’m curious about parent time over the phone. For how long? Is the custodial parent allowed to yank the cord out after only an hour? And about privacy when the child is on the phone?
Thanks for the question. Utah Code Ann. 30-3-35(2)(o) states that telephone contact should be at reasonable hours and for a reasonable duration. Therefore, the statute is not very helpful. I have heard many commissioners and judges say that the allowance for phone contact is so that BOTH parents can have open communication and contact with their children but that the hours and duration should not be such that it interferes with a parent’s parent-time. That guidance helps a bit in that an hour on the phone with the other parent rarely and because there is a specific purpose is different than an hour every day during a time in which you had a plan to go to the movies with your child on your parent-time. Setting a rule with the child and enforcing it in your home by telling the child you want to spend time with him or her will probably go a lot further than trying to enforce a rule on the other parent.
if your divorce was in 2013 and you’re awarded half summer vacations which would be about 30 days does that go towards your total overnight stays
Yes, whether parent-time is vacation, summer, weekend, or any regular rotation, all of it counts as an overnight if in fact the child/children were at your house overnight. Thanks for stopping by our blog!
My question is what if your order (we have temporary orders still in place) and the statute conflict regarding parent time? My will be ex applies whatever works to his advantage and ignores the rest. Our order states that his parent time is Thursdays from 3pm to Friday at 8am and alternating weekends from Friday at 3pm to Monday morning at 8am. We have joint legal and physical custody under 30-3-35.1 and are to use 30-3-35 for holidays. I am a stickler for the Order. It was made in December 2017 and does not include provisions or changes to parent time for Summer. I have reviewed and stuck to the summer schedule in 30-3-35 with regard to uninterrupted time and so forth. My question is on the Weekends.
He says he can take the kids from Thursday at 3pm to Monday at 8am. The police & I both are looking at the order which states the times above for his parent time being clearly Th 3p-Fr8a and beginning at 3p on Friday (to mean I have the children from 8-3 on Fridays as I did during the school year – the kids attend a charter that lets them study from home aka homeschool). Does the specific times in the order outweigh the general times in the statute? The police felt it did.
Thanks for stopping by our blog. In short, the hierarchy for each case should be that the ORDER rules unless the order is silent on an issue or confusing on an issue, then the Court could look to the statute for further guidance. Not knowing specifically all the details of your order and how it’s phrased, I would say that the police were correct and the order- where it is clear and unambiguous- RULES. Good luck!
Hello,
My ex husband is playing a game using the kids to hurt me and its driving me insane.
He never had the kids for more than 2 weeks in summer.
This February he sent a letter with our daughter (12y) asking me for joint custody and to do it without attorneys. I said no.
He filed a motion to reduce child support in March…on May 31st was denied.
He asked me to have the kids the whole month this June. He had them from May 25th to May 31st. They I had them from June 1st to the 9th because he went out of the country.
He picked them up on the 9th and still have them as today June 26th.
I traveled on the 14th and came back on the 24th. I asked him to let me see the kids and he said no. Our 12 years old wanted to see me and he wont even let her talk to me, she was on the phone talking to me and I hear him saying hang up the phone now!. She was scared and crying.
Yesterday June 25th, he called and left a silence voice mail, I called back and he said he didn’t call me, I asked him if I could speak to my 7y…my son called me by my name not mom…just name. I asked him how he was and told him I love him, he said my dad told me I can go and have ice cream with you. So I asked his dad, he said if you want to see them come and get them. So i went to pick them up and took them to eat.
Today i looked my bank act and I see half of the child support deposited on the 20th. I texted him that he needed to deposit the rest of the money, he said no..because the kids are with him.
I dont know what to do
Please help!!
I’ve emailed you directly. You need an consultation with an attorney. Whether our firm or some other, you should immediately go get advice specific to your case. I cannot comment on this one in a public forum and without a conflict of interest check. I can only generally comment on the statutes, caselaw, and what my experience has been in potential use and interpretation. Good luck
Decree is subject to 30-3-35 and 35.1. What if neither parent gave notice of summer visitation schedule 30 days before school ended and now the custodial parent is telling me he doesn’t want to give me my 4 consecutive weeks of visitation but instead wants me to alternate weeks with him? The 30-3-35 doesn’t say which parent gets the final say on summer visitation if neither parent gave notice.
Here’s the code:
(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
(n) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days before the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
Okay, it sounds like you’re saying neither of you were compliant for picking extended time. Therefore, it doesn’t sound like there is a “complying parent” and therefore neither of you “may determine the schedule for extended parent-time for the noncomplying parent.”
In other words, you’re situation is off the rails of the statute and so what happens next?
While the code provides UP TO four consecutive weeks- 2 uninterrupted 2 interrupted. Many parties take those in only 2 week increments. In fact, many ignore entirely the two weeks of interrupted time because everyone, including attorneys and the court, have a hard time practically applying: “(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.”
The reason I bring this up is because I think that if there is a situation where neither party timely selected time and there’s still at least four weeks left of summer break, I could see a court giving each parent two consecutive weeks of time as it just is kind of the norm and there’s still time to do it. As for your other two interrupted weeks- I don’t know how meaningful interrupted weeks are all in all and so maybe alternating weeks otherwise is something to consider. But, as for asking for two uninterrupted weeks for each party- I think a court would be inclined to do it even when the selections are not timely.
I noticed that a few replies up, regarding summer extended parent time, you stated:
“Since both parties are entitled to the four weeks (two interrupted and two noninterrupted)…”
For some reason, I have always thought the custodial parent only gets TWO weeks of extended parent time, even though the noncustodial parent gets a total of 4 (two interrupted ONLY for the midweek visit…and two competely uninterrupted).
Have I misunderstood that? It would be a HUGE blessing to get four, as HE does!
Also, if a parent neglects to choose the dates for their extended summer parent time 30 days prior to school letting out…how much time does the complying parent (who DID choose theirs in time) have to declare the dates that they designate FOR the noncon plying parents extra summer weeks?
One of the things I love about getting comments on this blog is that sometimes I learn things. You are correct in what the statute says. However, in almost every drafting of the agreement between ourselves and opposing counsel, we have made the 2 week uninterrupted and 2 weeks interrupted MUTUAL. Most attorneys do this and the court frequently does as well. Also, with joint physical custody, the designation of non-custodial versus custodial is really only a tool to sort out holiday time. So I get to a point where I do not think of the code so much as the normal practice. BUT you are correct that, if your Decree doesn’t say otherwise, the code only provides for the noncustodial parent to have that 2 weeks of interrupted. This also presumes that the rest of that code provision is being followed; meaning, the parties are following standard minimum parent-time for the non-custodial parent. If the non-custodial parent has joint physical custody and the parties are following the holidays and extended parent-time only for the sake of sorting out who has what days, I think a court is likely to make the extended parent-time equal. Look closely at your decree and your regular parent-time to decide what position or arguments you may be able to make in court.
Here’s the code we’re looking at, for convenience sake.
(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
As for what happens when a parent does not timely make their selection for extended time. This is always a question without an easy resolution. The way I think that the code intends for it to work is that Party A is to make their election and fails to do so timely. Party B then makes a timely selection. If Party A comes back later and selects time, the court will expect Party B to reasonably accommodate that request. In other words, if the request is late but it doesn’t interfere with the timely parties selected dates, I think the court will expect the other party to allow it. Some parties have taken the position that no timely selection means no extended parent-time. It is not my experience that court’s are so rigid with their interpretation of the code when it comes to summer vacation time with the kids.
Can you help me with this. We have a Utah visitation schedule as that is where our divorce took place. It is very standard and just goes off the Utah code with no specifics. I have Sole Physical Custody. I relocated with our child and we switched to out of state visitation 30-3-37. Our new state does not have “Fall Break”/UEA Week. What do I do about this? Does he just not get visitation at this time?? I cant imagine I would have to pull her out of school for visitation if she does not have a break from school. Any help understanding this would be great! Thank you!
The Utah Code does provide for a Fall Break or UEA break and it DOESN’T provide for an Easter Break, which some schools have in addition to Spring Break. So yes, from school district to school district the code can have varying applicability. I think that the overarching intent of the holiday division is that it is trying to divide up the holiday time, or off-school days during the school year, as evenly as possible. That’s why it switches the next year; so that in a two year period, each parent should have approximately the equal parent-time during major holidays. If your school district doesn’t match the code, I would simply look to this intent and make a proposal about holiday time for each parent.
Can you interpret the following in the code:
Alternating weekends….
(iii) A step-parent, grandparent, or other responsible individual designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.
(iv) An election should be made by the noncustodial parent at the time of the divorce decree or court order, and may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child’s schedule.
My ex has a job that travels and often he want to only take part of his weekend (late Saturday to Sunday), however this creates a lot of scheduling problems for me and with the children, not to mention no consistent parent time. The way I interpret this code is, if he can not be home by 7 pm on his alternating weekend, he forfeits his time, is this a correct interpretation of the code? Arguably, if we could work together it would be better, however these are last minute demands versus a request to change the schedule to parent time.
In this case it’s really going to matter what your Decree says. When people have odd work schedules or schedules with high amounts of travel, often lawyers or the Court make an effort to envision a new schedule that will take that into consideration and still provide parent-time regularly. If, however, you are subject to the statute, it is true that a parent should be home by 7 p.m. to exercise overnight parent-time. However, if you have the right of first refusal in your document, that can also come into play. Court’s strongly want parents to exercise their time but they also are pretty disinclined to award less than standard minimum parent-time so I think your situation is pretty specific and a consultation with counsel who can actually give you specific legal advice with all the facts of your case and your decree in mind. A mere statutory interpretation is probably not as helpful to you as for other blog-posters. Best of luck!
My question involves summer parent time. We agreed during mediation that during summer each parent would get two weeks of uninterrupted parent time. The decree even lays out drop off and pick up time and place for all other weeks in the summer. There is no mention of two weeks of extended parent time in our decree. Now, the noncustodial parent is saying that he is entitled to the two additional weeks of extended parent time. The code says the noncustodial parent “may” be awarded two weeks of extended parent time. If our decree doesn’t mention this at all was he not awarded it? So can he take those additional two weeks?
This is an interesting question because the question is really what would the judge and commissioner on your case do if you raised this in court. In my experience, a commissioner or judge always starts with the plain reading of your Decree. If the decree carves out summer time in detail and the document doesn’t otherwise fall back on the standard code 30-3-35, that’s one thing. However, many divorce decrees are loose in how the code 30-3-35 is tied in. In may refer only to holidays and not summer time, it may be the opposite. So, after looking at the decree, the court is going to go to the code to resolve any lack of clarity. The confusion in your case might be arising because somewhere in the decree, 30-3-35 might be referenced generally and that provision provides for two weeks of UNINTERRUPTED parent-time but also another two weeks of INTERRUPTED parent-time. The courts are not real clear about what it means to have two weeks of INTERRUPTED parent-time so most parents just ignore that aspect of the provision. Theoretically, it means that you would flip-flop your regular rotation of parent-time, but sometimes that is not logistically possible because of distance or work schedules. A close reading of your decree by a lawyer might be necessary in your case. Set up a consult with us if you’d like us to take a look.
I have temporary orders that follow 30-3-35.1. It is not very specific in regards to how the summer schedule is determined and I am in a very contentious divorce. I gave my wife my proposed schedule 55 days in advance and she replied 32 days before school gets out. I kept my two uninterupted weeks together and then selected two separate weeks for my regular extended parent time. Her reply stated that I cannot separate the 2 regular extended weeks. She also said that my four weeks cannot be joined to my regular parent time to create longer periods. She claims I have to give up my regular parent time that my 4 weeks joins with. If she is right I would loose 11 days which seems to defeat the intent of 35.1. When making my schedule I saw nothing saying this. She also did not specify her uninterupted time so do I get to chose that now?
For those reading this, people who are following 35.1 have to turn to 30-3-35 to figure out what is summer or extended time. There are two provisions related to your post:
2l)Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
AND
2n)Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days before the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
So in terms of when you are having this debate, both of your timing is fine. Since it was prior to 30 days before the end of school, I think it’s unlikely a court is going to fault either of you. The code does not say anything whatsoever about how weeks of interrupted and uninterrupted are to be grouped so I don’t think it can be stated that either side has a clear-cut legal ability to say for sure that the weeks cannot be taken together or cannot be separated. It is in fact very usual for them to be taken in two clusters of two weeks. HOWEVER, if I walked into court to argue about this, I think the commissioner would roll his or her eyes and want to slap me. Since both parties are entitled to the four weeks (two interrupted and two uninterrupted), it seems pretty clear that the legislature wants it to mean each party gets equal time with the kids for four weeks and then your regular rotation applies for the rest of the time. I can hear a commissioner saying loudly “WORK IT OUT!” All of this assumes that we are just left with the statute and I have no idea what other provisions are in your orders that may affect outcome so please remember this is not legal advice (i.e. it’s not specific to your case), it’s just me chatting about what the statute may or may not mean to a Commissioner or Judge. Best of luck!
My question is in regards to “extra” holidays. It is clear as to alternating years for spring break however there is nothing in reference to easter break. In southern Utah 2018 spring break is from March 10-18 and then they have Easter break March 30-April 2nd. There is no specification on Easter.
You are correct. Utah Code does not specifically address Easter or any related break. Therefore, the only option is for an agreement in your documents or in writing (or verbally depending on how well you work together) after the documents have been prepared. If not, Easter break is just like any other week and parent-time is according to the regular rotation that has been ordered in your case. Review your court orders. If there is something missing that you’d like, you can always ask the other side if they will agree! Good luck and thanks for checking out our blog
Can you tell me how birthday’s are defined with regard to 30-3-35? I am wondering if the term “birthday’s” pertains only to the child’s birthday or immediate family members birthday’s also? We are trying to determine if my husband is entitled to have his daughter for his birthday.
Utah Code 30-3-35 only references the child’s birthday (and that a parent may, of course, also have the siblings when celebrating the child’s birthday). There is no provision for anyone else. Parents may agree to allow parent-time for each other’s birthdays but it is not in the code. Read your Decree of Divorce or Paternity to see if you provided otherwise. Good luck and thanks for the question!
My question is on behalf of my husband, who is the NCP of four children ranging in age from 6-16. His divorce was finalized in 2013 and he was kind of blackmailed into allowing their mother to have sole custody of the kids, and his visitation was assigned to follow the 30.3.35 (or whatever the statute was at that time). However, the way it had been worded in their decree was that he would get one overnight per week with the kids each weekend, rather than getting them for two nights on alternating weekends, but that if there was ever a dispute about the visitation that the statute would apply. After we married, he wanted to change the visitation to accommodate the integration of our families and wanted to follow the statute. She made him get a judge’s order before she would allow him to have them on that schedule, even though it wasn’t necessary. Additionally, as she began a new romantic relationship, she even had the kids spending the night at our home on her weekends and sometimes during the week so she could “date”. We were asking her for a shared custody arrangement so that the decree would actually reflect the reality of how often we were supporting the kids in our home, and also to protect ourselves because the time she allowed us to have them outside of the decree was erratic and inconsistent and based on her moods. She refused, so we went about trying to obtain a legal modification to the custody. She fought it all the way. During that time, Utah changed to the modified minimum schedule of 145 overnights, which more accurately mirrored the level of involvement we were having with the kids in our home. We tried to have it legally changed to the new statute, but her lawyer continued to block us, claiming that we did not have a significant change in circumstance to warrant a modification. It was all very hostile and awful. At one point she agreed, even, to let us pick the kids up from school on Fridays and return them to school on Mondays, etc. She just wouldn’t let that be reflected in the decree. My husband got a job offer out of state and he took it, and he moved us there. Please understand he had been unemployed for some time and this was the only offer he had gotten. He had to take the job, even though he hated the idea of leaving his kids. My question is: If he were to obtain an employment situation that took him back to Utah, would the change in circumstance give him the leverage to motion for the court to give him the new modified minimum of 145 overnights? Or would they automatically give him the old statute that he had before we moved? Also, I forgot to mention that the decree was modified once he moved and she was only willing to give him the minimum time PLUS every Spring Break, which – due to cost of flying four children both ways – meant that we were only able to have them six weeks per year each summer after we moved. He asked for longer time in the summer due to the expense of flying them during the year prohibiting his ability to send for them, but she refused. We did take them every summer for both summers we have been out of state, for the six months, but we could not afford to send for them during other allotted visitation periods. TIA for your response.
I have privately emailed you in response. Thanks for taking the time to stop by the blog.
-Rebecca
During the Christmas vacation time, if the ncp has the parent time and they have to work, can the ncp designate that their mother, (whom the ncp is currently living with for medical reasons of the ncp’s father’s health), be designated to care for the children while he is at work and will be home at 4:15 p.m.? Or can the cp send their spouse to pick up the children during this time, while the cp is at work as well? Then take the children to the cp’s place of employment until the cp gets off work?
Secondly, when invoking the first right of refusal, can the step father pick up the children, because the cp is at work, instead of leaving the children at the ncp’s home with a grandparent, when the cp will return from work at 4:15 p.m.? And even if the cp is not working and the ncp is, but will be home at 4:15 p.m., if the ncp designates that their mother tend to the children, because he lives in the same household, can the cp invoke their right to first refusal because it is during the ncp’s parent time during the Christmas vacation?
I hope this makes sense.
Thirdly, when invoking the first right to refusal, who is responsible for transportation? The decree states that transportation will be split 50/50, but that is during the regular exchange of the children and not for first right to refusal.
It sounds like your Decree specifies the Right of First Refusal (“RFR”) to the other party when a parent isn’t available to provide direct care. You have to look closely at the exact wording of your document because really ANYTHING can be included in the terms of that Right. Attorney’s SHOULD try to make the wording as clear as possible. Does the RFR extend to new spouses? Does the RFR have a period of time that specifies how many hours a party has to be unavailable? GENERALLY, and I mean GENERALLY, the RFR only deals with the two parties. So if your document does not specify that a new spouse, roommate, grandparent, sister, etc can provide care in your place, then you have to assume that you are to offer the RFR to the other side if you (the party to the divorce) are not able to provide direct care. Next you want to look and see how long you have to be unavailable to provide direct care. Some people agree that the parties have to offer the other party the RFR if the party is unable to provide direct care for 3 hours, some say 4 hours, some say 8 hours, “while the party is at work” or overnight.
Utah Code Annotated 30-3-33 says:
(15) Parental care shall be presumed to be better care for the child than surrogate care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able to transport the children, to provide the child care. Child care arrangements existing during the marriage are preferred as are child care arrangements with nominal or no charge.
However, this provision often is not considered to be part of the Decree of the Divorce unless the parties specify that they are including the Advisory Guidelines found in 30-3-33. In prior versions of these advisory guidelines, the RFR was specifically addressed and it stated that transportation was entirely the responsibility of the parent who had the benefit of the RFR (meaning the parent who had additional parent-time because the other parent was unavailable and offered the RFR). However, that language is now not found in the code. So, you could look to see if your Decree references 30-3-33 and also WHICH VERSION of 30-3-33 was in place at the time of your Decree because that would be the version that governs your case! This is why attorneys have jobs- very little of this is as clear as it would seem at first glance.
Also, Utah Code Annotated 30-3-35 repeatedly states that: “A step-parent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.” HOWEVER, all of this language is in the context of parent-time provisions and would be altered if a RFR is in place. Hopefully your Decree provides you with more guidance. Good luck!
Question about the Christmas holiday this year. So the kids’ break goes from the 20th through the 1st. How is that going to get split since the number of days is not even. Being the custodial parent….Do I get the kids at 1pm on Christmas day through the end of winter break?
Always look to your Court Order to see if it deviates from Utah Code and provides you with specific instructions for your case. If you’re following Utah Code Annotated sec. 30-3-35, this is an odd numbered year and so the doe says non-custodial parent is entitled to: “the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1:00 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period,…”. If you are the non-custodial parent, this is your time; if you are the custodial parent, you get the second half of the break. Good luck!
Our parent time agreement is that he gets our kids Wednesday night to Thursday night and this week being Thanksgiving, I get the kids. At what time would I get the kids on Thanksgiving?
You always have to look at your specific court order to make sure but as a general rule, the holidays as defined by Utah Code Annotated 30-3-35 trump the regular rotation of parent-time.
I have a question concerning overnights used in calculating child support. How exactly are holidays specifically calculated as overnights? ORS has told me they are not included in the overnight calculations. The ORS methodology is unfair to the NCP because there are actual overnights in place. I did not agree with their answer and believed it to be true (unfairness used to surround the NCP).
Now with the introduction of 30-3-35.1 claims 145 overnights, but using the actual overnights outlined in the new code the numbers do not add up.
One weekday * 52 weeks = 52 overnights
Alternating weekends Friday-Monday 3 overnights * 26 weekends = 78 overnights
52 overnights + 78 overnights = 130 overnights.
Where do the additional 15 overnights come from?
Furthermore you state that 30-3-35 equates to approximately 89 overnights. However actual overnight called out in this code (no weekday overnights, alternating weekends from Friday – Sunday) calculate to only 48 overnights. Where do the additional 40 overnights come from?
Utah Code generally is not all that confusing, but calculating overnights lacks guidance and could easily be used against the NCP. Where can guidance be found on this? I have yet to find caselaw to support a decision and ORS will not research this and will only claim that holidays have never been used to calculate overnights. Please help me understand, and thank you!
My experience is that the Court counts the actual overnights including those for holidays, extended time in the summer, and the regular rotation of parent-time. Now, this can be extremely difficult. My firm used to use short-hand worksheets that attempted to do this math: taking the regular-rotation of parent-time, taking out the regular rotation of overnights that were affected by holidays and extended parent-time then adding in the overnights for each parent’s holiday and extended time schedule. However, using this worksheets, I was once at mediation with a client and realized that even that short-hand was not adequate. By starting the parent-time rotation for my client on the next day (Friday) rather than waiting to the following weekend to start the regular rotation of parent-time, it made a difference of over 15 overnights because of where the holidays landed that year. I understand your efforts to do the math as you did in your comment, but honestly it never works. The best way to do it is to take the calendar for two years (so that you get an average) and apply regular parent-time and then lay holidays and extended parent-time over top of that (because holiday time and extended parent-time trumps regular rotation)… and good luck figuring out how to apply “interrupted extended parent-time of two weeks”. Take those two years of calendars and average the overnights you come up with for each year- this is going to be proof that you could show a court as the actual overnights to use on a child support court order. But, because it is labor intensive and the math is particular to each case for the most part, you can see that a case worker at ORS is unlikely to take the time. ORS no doubt has some internal policy and/or math that it always uses. Notably, however, a court order of child support MUST be followed by ORS. So if you feel that ORS is wildly off, consider going to district court for your order of child support.
Hi,
Sometimes ready the statue is confusing with “if a holiday falls on…” Holiday begins…
I am trying to figure out how Veteran’s Day holiday supposed to work out. I know it’s the noncustodial parent’s holiday. According to the statue, Veteran’s Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday. So, is this considered a holiday weekend where the noncustodial parent gets to pick up the child from school on Friday and keep the child the entire weekend (return Sunday)? Or does it mean the holiday begins Friday, Nov 10th at 6 pm and returned at 7 pm on Saturday, Nov 11th?
At times I read too deeply into the statue drives me crazy
Yes, reading the statutes can be very confusing at times. The subsection you’ll want to look at is (2)(c). It says, “Holidays include any “snow” days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time….”
Veteran’s day this year falls on Saturday. The code says if kids have off school “contiguous to the holiday period” that time off school day belongs to the parent exercising Veteran’s Day holiday this year. It could include Friday, Monday, or just Saturday and Sunday depending on what days the kids have been off school on either side of Veteran’s Day weekend!
Question about the new change in 30-3-35 (2)(i) in regards to the different school schedules and holiday time. UEA weekend. 1 child is out of school Thus & Fri. The Other Child is out Thurs, Fri & Mon. According to the change, the holiday time would end at 7 pm on Sunday. However, it is a normal weekend visit that would not end until Monday when school starts. So would the time end for both kids when school starts on Monday or would the one child be able to stay until Tuesday when school starts because of 30-3-35(2)(b)(iv), which allows the weekend time to be expanded?
Regular parent-time under 30-3-35 ends on Sunday at 7 p.m.; regular parent-time under 30-3-35.1 ends Monday morning when the children are delivered to school. It’s important to know exactly what was ordered in your case. The new addition to the code, 30-3-35(2)(i), says that holiday parent-time ends the night beforeONE of the children head back to school. However, if your Decree provides for parent-time until Monday morning, then when parent-time for the holiday ended on Sunday evening, it won’t matter because your regular rotation will kick in at that point and parent-time continues until Monday a.m. The way to think of holiday time is that it just lays on top of the regular rotation, when holiday time isn’t in effect, the regular rotation – according to what YOUR court order says – is the rule for your case.
Can you explain regular roation in more detail? We are following §30-3-35.1.
I am on a week by week schedule. Does the regular rotation continue even if a holiday like Spring Break encompass my entire week? Does this mean she will essentially get the week before Spring Break then my scheduled week (Spring Break week) due to it being her holiday and then the following week as regular rotation. (She essentially will get 3 weeks in row) Or does this start back where the rotation was broken by spring break? It is not clear. Thank you in advance for your response.
You have understood it correctly. When there is a holiday, it just lays on top of the regular parent-time rotation. Regular rotation of parent-time does not shift around in any way to accommodate holiday time. That will sometimes result in a parent having three weeks in a row. On another holiday or another year, you will have the same advantage of three weeks.
Hope this helps!
With Veteran’s Day being on a Saturday this year, do you use the actual holiday for visitation, or the day it is observed (the calendar says it is observed on friday? Should the NCP get the child Thursday night or Friday night in this case?
What will matter for the purposes of parent-time is likely to be when (if) the child has a day off from school. If so and it is either Friday or Monday, then the entire weekend from when school lets out to the evening before school starts again would probably be the interpretation of a court. However, I have not actually been in a hearing on this issue. The interpretation I’ve described follows the logic of the code and seems to be the likely result. Thanks for your question!
Two Questions: 1) Do you have any updates on how judges are working out the Christmas vacation when the child is younger than 5 and not in school, and has no siblings in school? How have the courts ruled on this in the past? How are people determining when the “Christmas Vacation” starts and ends? This is relevant, because he has only bothered to see her 24 times since Sept 1 2016 (again, his choice) and has only had her overnight once since Jan 1 of 2017. As it is not usual for her to go with him, especially overnights, I don’t know that very many nights in a row gone will be in her best interest for a Christmas Vacation, but I also wish to avoid a fight if at all possible as it was a large fight last year and he is not someone who is willing to co parent or work things out. Have there been any cases where this issue was presented to the court, and if so, what was the outcome? Her daycare has a break from Dec 22-26, but dividing that equally would give me Christmas Day and part of Christmas Eve, which doesn’t fit with the code either. He will likely demand something of Christmas break as he did last year that was close to 20 days. This to me seems unreasonable, in my view there is a reason the code only allows for children under age 3 to have 1 week away from the custodial parent, and it took my child several days to return to normal behavior when he took her last Christmas, I don’t desire a repeat of that, but I don’t want a fight either.
Can you tell me what the normal is for this and what judges are ruling?
2) He is also not religious, and claims he does not believe in God, but I am a very religious and my child attends church with me every week, we are Christian, and the Christmas holiday is of utmost importance. When I brought this up last year, he suddenly claimed to be religious but does not attend any churches. Have there been any cases that pertain to that issue and the code 30-3-33 #17, which talks about holidays?
The code does provide for parent-time for children under five who do not have siblings. It is Utah Code Annotated 30-3-35.5. It depends on the age of the child. That codes specifies that you follow the same holiday schedule as older children would follow. Usually the court looks to the school district where the custodial parent resides to see what the schedule would be. However, Courts have varied about this based on the age of the child and the relationship the child has with the parents. I doubt a Commissioner is going to say that an infant who is still breastfeeding is going to spend 1/2 of a theoretical Christmas Break (10 to 15 overnights consecutively) with the non-custodial parent. As the child gets closer to 5 year old, the greater the likelihood that the Court will follow the code. This is where the actual relationship with the non-custodial parent would come into play. With so little parent-time being taken by the other side (only one overnight this year), I honestly think that what you really need is a consultation with an attorney- that is not a sales pitch, you can choose any attorney you want. You would want to address this ahead of time rather than having to defend a violation of your Decree. Good luck and let us know if you want our help.
what if you have had a decree/parenting plan in place for 5+ years but your ex begins to go off of the new state statute concerning parenting time?
It does happen but there is no question that the law of the case is the parent-time that you had at the time of the Decree. I have been in many continuing legal education classes where Judges and Commissioners have reiterated this. If there is a modification for other reasons, the Court WILL look to the new statute but without a modification in place, the old parent-time order stands. Thanks for your question!
In your experience or others, has anyone seen the court granting a change in decree to match the new state statute? My child turns 5 in 2018, and my ex continually says to me things are going to change when she has his birthday. Our decree is the minimum from 2013.
A modification to the Decree has to come from a new court order. Other than that, you follow the Decree you have, and if it references Utah Code 30-3-35 or 30-3-35.5, it is the form of that statute AS IT WAS at the time of your Decree. Judges and Commissioners have repeatedly told us attorneys that the Law of the Case is the Decree and the Code AT THE TIME. Good luck and thanks for your question!
What if the non-custodial parent lives out of state? 2 hour plane ride?
You’d need to first look at your Decree but if your Decree is silent, then parent-time for parents who live more than 150 miles apart is Utah Code Annotated 30-3-37. It is likely that your Decree actually references this provision. It is a little complicated of a code provision because it depends on who moved and when, etc. If you need help interpreting it, let us know. Thanks for your question and for stopping by.
Family courts are bullshit. Women should be held accountable to sustain their own household as the men are required to. 50/50 custody NO child support is the ONLY fair option. Its pathetic that women can financially ruin their ex’s and sleep at night.
I understand your frustration. What I can say is that, as women have started to out-earn their husbands, we have more and more cases where the female is paying child support and alimony. It feels like a gender issue and largely is reflected as a gender issue so it IS true that it is still largely women receiving child support and alimony, but it is not exclusively true any more. If the Court is being unbiased, gender shouldn’t matter for either child support or alimony. I do believe, however, that it is still harder for a male to get sizable alimony for both economic reasons and reasons of cultural bias.
please excuse me 30-3-35-c
30-5-35-c I have my daughter for spring break and my daughters birthday is right in the middle of the week, my ex is telling me i have to surrender her for three days, as i read and understand 30-5-35-c, she is not entitled any visitation if i’m going out of town.. is this correct?
For 2017 Birthday time with the child, 30-3-35 provides:
for non-custodial parents
(i) child’s birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
for custodial parents
(i) child’s birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
Regardless of the Spring Break, I do not see how this birthday time would allow anyone three days for the birthday. It allows 6 hours.
You have a problem in that holidays trump regular rotation, but the code does not get into which holidays trump each other such as birthdays over holidays or Spring Break. While courts could differ and weird things can happen in cases, but it does seems difficult that a court would disallow you a planned travel multi-day Spring Break just to interrupt it for 6 hours for the child’s birthday.
UCA 30-3-35 (2)(b)(i)(B) states that the non-custodial parent may elect to begin alternating weekend visits from the time the child’s school is regularly dismissed on Friday.
Question: Does this mean that the non-custodial parent must pick the child up from school or can the custodial parent elect that pickup be at the child’s home?
My ex spouse and I do not agree on what is the appropriate arrangement for our child. My ex spouse is listed on school records to be able to pick up our child because I felt that was a fair thing to do. I have sole legal and physical custody.
I am concern is that the non-custodial parent has a history of not returning phone calls or text messages. I don’t think it is unreasonable to know that my five year old child has been picked up from school. I’m also think it is unreasonable to expect a child to take his clothing/toys or other things he chooses to have with him during the weekend to school. It also seems unfair that the child has to leave for the weekend or extended visit without being able to say good-bye to his other parent.
Because the statute says the non-custodial parent can make the election, it usually is up to him or her whether it’s from school or from the custodial home. Sorry that you are having a hard time sorting things out with your ex-spouse. It may be that you need to go into court, with or without counsel, and get some clarity on the what the court will do regarding your concerns. However, it’s always better if you and he can work out an agreement between yourselves and stick to it. Good luck!
Section (2)(e)(ii)(B) states that parent time over a scheduled holiday weekend may begin at 9:00 am on Friday, if school is not in session. Section (2)(f)(iii) states that the Spring Break holiday begins at 6:00 pm on the day school lets out for the holiday until 7:00 pm the Sunday before school resumes. Spring Break for our school district begins on Friday, April 1 – Sunday, April 9, which is much longer than a “Holiday Weekend”.
Question 1: School is in session on April 1 until 1:25 but my child is not old enough to go to school. Is Section (2)(e)(ii)(B) applicable to this extended Spring Break holiday? I find it difficult to understand when you do and when you do not use the school start/stop times and when you do/do not use the holiday beginning times as stated in the statute.
Question 2: Does Section (2)(b)(C) where parent time may begin at 9:00 am if the parent is free from work, apply to weekend parent time when school is in session but my child is not in school or does this 9:00 am provision apply during the summer months or school vacation days?
Regarding extended parent time for non-custodial parents. Am I correct in the reasoning that, although I could take up to 4 weeks consecutively, I am not required to do so? I would like to split up my time into different blocks throughout the summer to accommodate my children’s schedules. Is there a problem having separate weeks of uninterrupted time and then separate weeks of interrupted time? The statute seems vague. My attorney doesn’t seem to think it’s a problem. Would love some clarification!
Hello Daniel:
First we have to be really clear on what the code says and whether your Decree of Divorce follows it or something else. Further, what did the code say at the time of your divorce because THAT is the statute that rules your case.
Utah Code Annotated 30-3-35 currently says the following about extended parent-time:
(k) extended parent-time with the noncustodial parent may be:
(i) up to four weeks consecutive at the option of the noncustodial parent;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent consistent with these guidelines;
(l) the custodial parent shall have an identical two-week period of uninterrupted time during the children’s summer vacation from school for purposes of vacation;
So the first thing to notice is that the code does not say anything at all about how to divide up those weeks. It only says “consecutive at the option of the non-custodial parent.”
The code does say the following:
(n) notification of extended parent-time or vacation weeks with the child shall be provided at least 30 days in advance to the other parent
The last thing to notice about the code is that two of those weeks are uninterrupted which means most non-custodial parents take two full weeks back to back. The other two weeks are “interrupted” for parent-time with the other party consistent with the provisions of the code. We usually interpret this to mean that the CUSTODIAL parent would have, during those interrupted two weeks, the parent-time usually provided to the non-custodial parent in their regular rotation under the code.
In practice, I have found parties either ignoring the two interrupted weeks and just doing two full uninterrupted weeks, or opting to have each party have four uninterrupted weeks (often broken into two pieces during the summer), or flip-flopping parent-time for two weeks in an attempt follow the oddly constructed code.
Hello
I have a question regarding birthday time. This year as the custodial parent I have my daughter on her birthday from 3-9 pm (Sunday). My ex has her for the entire weekend, meaning that she has her for Saturday, the day before her birthday. My ex is also trying to take her Monday from 3-9pm because that’s when she is “choosing” to take her to meet the statute since she already had her for the weekend. It doesn’t work that way right??
Dear Jake:
Utah Code Annotated 303-3-35 is pretty clear on the child’s birthday.
Here’s the provision:
(f) in years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i) child’s birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
I’m still trying to figure out what to do with the 2016 winter break. It’s my understanding that most schools will be out 12/16-1/2. That is 16 overnights, which means exchange would happen before Christmas. Anyone have any suggestions yet on that? My inclination would be to allow exchange on Christmas Day at 1pm.
On a side note, my son’a birthday is Christmas Day so NCP is entitled to that as well, so my circumstances are a little different, but if anyone has had any clarification as a general rule, please share with everyone, and I’ll consult my atty specifically re the birthday parent time.
Hi Nicole:
Yes, this is a problem for this year and I think next too. The midpoint is falling prior to the holiday for some families.
Utah Code Annotated 30-3-35 (2)(f) says:
(viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.
The reference to 30-3-32(3)(b) is a part of the code that says that Christmas Break starts the evening of the day when the kids get out of school and ceases the evening before they go back to school.
Schools are doing all kinds of different schedules. For example, Granite School District, the kids have off on Dec 23 (meaning parent-time for the holiday begins on the 22nd after school) and the kids go back to school Jan 3 (meaning parent-time ends the evening of Jan. 2nd). Because we always only count overnights, for Granite School District families, that’s 11 overnights- the middle day is of the time is December 28th. Because there is an odd number of overnights in the holiday, the exchange of parent-time happens at 1 p.m. on December 28th. [The logic of this changing middle day exchange time (if we can actually say that there IS any logic to it….) is that Parent A, who got the beginning of the exchange got an “extra overnight because that person could pick up from school, so they give Parent B, the right to start half-way through the day at 1 p.m. to have more time with the kids. Parent B end up with one less overnight that year. It reverses the next year, so the theory is that this all ends up even. I don’t believe that’s the case at all because the school schedules and where the holidays fall on the calendar change too but I sympathize that the legislature has to come up with SOMETHING. So this is what they did.]
Notably, for Granite School District kids, that puts the holiday of Christmas in the first half of the break so no problem. The result is the same for Canyons and Murray School Districts. The dates aren’t exact but they both result in the Christmas falling in the first half.
But let’s look at Park City School District. The kids last day of school is December 16th – so parent-time starts after school that day – and the kids return to school Jan. 3rd, so parent-time ends on the evening of Jan. 2. That is 17 overnights. The middle day is Christmas Eve Day, so this clearly is going to cause problem’s with how to fit in with the statute. Individual Court Commissioners have weighed in on this but I do not have a collective idea of what they are doing with this problem. I think what is likely, and certainly the approach I would take for my clients, is that the holiday break has two pivotal pieces: Christmas Eve and Christmas Day, which the legislature awards to Parent A, and New Year’s Eve and New Year’s Day, which the legislature awards to Parent B. I would stick with that. Do a separate exchange so that Parent A has the kids for Christmas Eve and Christmas Day- either one overnight or two overnights – however the parties agree to do it. Parent B will still have New Year’s Eve and New Year’s Day. Taking out those days, divide the rest of the break equally. It will require more than one exchange of the kids but it falls most closely to the legislative intent.
As for when a child’s birthday also falls on a holiday, courts vary, but many parents just stick with the holiday division and realize that means they will have the child on his birthday every other year.
Do speak with your counsel. What I’m saying is very general and not legal advice for your case. Also, remember everyone- the code that you are to follow is the code that applied at the time of your court order! The new statute might not apply to you. Good luck and Happy Holidays!
If my divorce reads: The parties shall share holidays equally pursuant to U.C A 30-5-35 , and on my rotation I have a weekend that also includes the Thanksgiving weekend, (law states starts at 7 wednsday untill Sunday at 7) but my weekends go untill monday monring at 9, I should keep my child untill monday at 9 am , correct?
Hi Sergio,
The parent-time division always really follows the kids schedule for the holidays. So if the kids go back to school from weekend or holiday time on Monday morning, then parent-time ends the evening before at 7 p.m. However, your particular court order may say otherwise. Thanks for stopping by our blog!
If the children don’t have school the Wednesday before Thanksgiving, is the non custodial parent entitled to start their holiday Tuesday when school gets let out?
Usually yes, unless your orders say something different. The basic gist is that any days attached the holiday in which the kids are out of school are considered part of the holiday and that starts when the kids get out of school. Check your Decree or orders and also look at Utah Code Ann. 30-3-35(2)(e). I realize that this code provision is really talking about Monday and Friday holidays and the Thanksgiving Break section says Wednesday at 7 p.m. but I have never to my recollection seen a judge or commissioner NOT allow the longer period of time if the child is out of school.
My question is about the Thanksgiving holiday weekend. I get my child every Wednesday after school for over night then drop off at school Thursday morning. The holiday says Thanksgiving is from Wednesday 7 to Sunday at 7. How does that factor on the Wednesday I’m supposed to have my child. The law doesn’t make sense to me, could you explain.
Is there any record of the language of the old statutes so that we can look at the language from when a decree was signed?
Attempting to find old statutes online is usually quite difficult. Sometimes you’ll find it in pdf form. This is one reason why I keep copying and pasting entire code sections to our blog! That way people have some kind of historical reference.
The law library and librarian at your courthouse may be able to help you. Most attorneys keep a copy of the code for each year they have practiced. If you had legal help getting your order, ask your lawyer if they have a copy. It’s a good reminder for me to make sure that I always give a copy of the parent-time section to my clients when they get their decree! Thanks for stopping by our blog.
I have a question about a child’s birthday. My fiance’s ex is supposed to get all holidays in even years, but my sons birthday falls on the Sunday before Labor Day. We just went to court and they both agreed that the father from now on gets his kids every weekend now. So if they made an agreement that we would pick up the kids this Friday at 6pm until 6pm Sunday (which is my fiance’s sons birthday) can his ex tell him after the agreement in court that “oh by the way you don’t get kids this weekend because it’s labor day which falls on Monday” can she just change what they both agreed on in court??? She trying to move out of state with his children and we got granted a restraining order against her saying she cannot leave state with the children. And last weekend her and her new husband stalked us all day while we took the kids to a park nearby our home and was playing in the water there and as soon as me and the kids dad walked up to our car to get towels , their step-dad grabbed the kids and refused to let them tell us goodbye or even tell their father that she was taking the kids because she was mad that he was finally sticking up for his parental rights. My 17 year old daughter and her 19 year old boyfriend were supervising the kids and as soon as the father and I walked to the car my daughter and her boyfriend came running to us saying that their step-dad and mother had just taken off with the kids, the ex wife then texts my fiance and says that she took the kids and that they were safe!!! So now she’s trying to change the agreement between them both for him to have kids EVERY weekend, plus his sons birthday is Sunday. She’s now saying she will allow him Friday at 6 until Saturday at 6 pm!!! Can she legally do that and change the agreement they made in court???
My fiance says if he agrees it will only show that he is willing to work with her, which is partly true. But every weekend he has the kids she dictates that if something comes up that she wants the kids earlier than the court order states. So I’m confused about if it’s a good idea for him to agree once again with her x and let her get her way as always????
Because there is a specific court order in this case and a recent one, the content of that court order is going to be very important in looking at the code. That makes it impossible for me to help you as I can only deal with generalizations about the statute and how it generally applies. You can get an audio copy of your court hearing. In Salt Lake District Court, the cost is only $10. It’s worth every penny. I would advise anyone who has been to a hearing to get a copy of the audio. Most attorneys do it on any hearing that had substantive content.
k) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of
the noncustodial parent, including weekends normally exercised by the noncustodial
parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial
parent for weekday parent-time but not weekends, except for a holiday to be exercised
by the other parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted
time when school is not in session for purposes of vacation.
I have a question about the 4 week consecutive time in the summer. We follow the new 30-3-35.1code where I have 145 nights a year with my children. For the first 2 weeks of interrupted time does my ex get the kids on my weekday overnight like I normally get? Does she get the kids on the weekend she would normally have them or do I get them? Then on my uninterrupted time for two weeks, if the July 4 holiday is during that time does she get them from 6pm on the 3rd through 6pm on the 5th?
this new code was applied for my child aged 1. It was awful! It states here that this new cide is for kids age 5-18. I can see that, was i misinformed that there is a “new minimum” for my child? All he did was pay the minimim child support yet he received nearly half custody of a 1 year old. it has been nothing but torture for her and i both.
You must be speaking of Utah Code Annotated 30-3-35.1. Yes, it is a new code going into effect May 12, 2015 (with a few modifications since then). This code results in approximately 60% of the time to one parent and 40% of the time to the other, with some variation dependent on holidays and parent elections and availability, etc. I have seen it applied to cases with children under 5 even though the code clearly states in the title that it is optional for children 5 to 18 years of age.
I have not participated in a trial (temporary hearings yes, trial no) where the court applied it absent 1) agreement of the parties, or 2) the recommendation of a custody evaluation by a licensed clinical social worker or a Ph.D. in child developmental psychology. However, I’m saying that only based on my own trial experience. It could definitely happen and perhaps is happening a lot. 30-3-35.1 is, in my personal view, becoming more and more common in the courts but it is also NOT applied across the board in all cases. Clients who either absolutely DO want this statute to apply or absolutely DO NOT want this statute to apply are probably best served by getting some legal advice from a lawyer. I try not to say this often in our blog because I think of this blog as a public service, not as as a mechanism telling people to come talk to us- that ends up looking like a sales pitch. But in the case of application of this statute, 30-3-35.1, I really do think people should come talk to counsel whether it’s my firm or someone else.
Best of luck,
Rebecca
I have a question in regards to Mother’s Day and Father’s Day now I know it states they stay with the parent from
9am-7pm but since these holidays ALWAYS fall on a Sunday no matter what does the weekend rule apply? To my understanding the holidays that regularity fall on the same day of the week like Memorial Day it Labor Day the rule has been set for those dates just like Mother’s Day and Father’s Day right ? The weekend rule would not trump over the rule stating “ on the day from 9-7” My daughters father staged he should get her all weekend since it was Father’s Day but I was told no, it’s on the day from 9-7pm.
I have a question in regards to Mothers day and Fathers day. I know it states that the holiday is spent with the parent ON THE HOLIDAY but since these days always fall on a sunday does the weekend rule trump that. I think since these holidays are always on a certain day like Memorial day,Labor day or Thanksgiving the rule is set in place. I had my daughter on Fathers day weekend as my regular weekend so I stated I would give her to him on Sunday @9am-7pm but he stated the weekend rule trumps that and she would need to stay with him the whole weekend.? From my understanding holidays that have “set” days are implemented with the right rules, like Memorial day it says like from Friday -Monday so if it was the whole weekend for Mothers day and Fathers day it would say from Monday- Sunday or something, The weekend rule would not trump that correct?
I have several questions.
Does 30-3-35(2)(b)(iv) mean days both before and after the weekend period? e.g. Monday is not a holiday, but school is not in session on Monday. Do I get the kids from Friday to Monday evening that weekend? Monday is contiguous to that weekend, and I’d certainly take the day off work. If this is true, if a “snow” day fell on a Monday, do I get to pick the kids back up from their mother? You usually don’t find out school is cancelled till the morning of and their mother will have already picked the kids up the Sunday night before I find out Monday is a “snow” day and I am entitled to it. Likewise, If the kids are out of school Tuesday, Wednesday, Thursday, etc. do I get them from Monday evening to Sunday evening that weekend? The code seems to me that I would.
30-3-35(2)(c) and 30-3-35(2)(e)(i) seem to me to say the same thing as above except for holiday time instead of weekend time. e.g. a Thursday before or a Monday after a holiday weekend where the kids were out of school would belong to me for my holidays, correct?
What time of day does extended parent time start and end? More importantly, who decides what weeks belong to who? Does “at the option of the noncustodial parent” in 30-3-35(2)(k)(i) mean I get to decide the dates and time I pick the kids up and have them for the extended parent time provided I give at least 30 days’ notice before the end of school? If not, who gets the time if both parents want the same uninterrupted time that Summer?
Thanks!
If a child is in year round school, and their particular track is off following the “winter break” (and the other tracks resume school), is their off track time considered ” contiguous ” to the holiday period? That wouldn’t seem right, considering if that entire time were split equally one parent would be denied any part of the Christmas New Year holiday.
Can you please help me understand the first portion of Christmas vacation. My step kids last day of school before Christmas break is tomorrow, Friday 12/18. It is my understanding that we are supposed to pick them up that evening. It says to split the Christmas vacation evenly. Does the Christmas vacation start the next day the 19th since they actually have school on the 18th? I am trying to understand if the break is considered 16 days or 17 days if they go back to school on Monday, January 4. I would like to know if half way through the vacation is 1 pm or 7 pm on December 25 or if it is 1 pm or 7 pm on December 26. Please help and thank you!
Usually in when talking about parent-time in Utah we are counting overnights. The reason we do this is because child support is based in part by the overnights the parents have; this implies this is how to count for all parent-time “days.” By my count, most kids are off 16 overnights for 2015 winter break, the first of which is Friday Dec 18) Therefore 8 overnights to each parent and an even number of days in the break, so the exchange happens at 7 p.m on the day after the non-custodial parent has her or her 8 overnights. Your specific court order could vary greatly from this so please always look at your specific court orders. Happy Holidays!
Please clarify Sping Break with no school on Friday, March 25 for teacher preparation day, and Spring Break earmarked for Monday, March 28. Does the law interpret this to say, “Spring Break begins on Thursday, March 24 at 6pm (since that is the last official day of school prior to the break) and runs through 7pm on Sunday, April 3 before school resumes (for a total of 9 nights)”?
Is the language regarding Christmas vacation still current since 2008, or has there been a change since then? 30-2-35 is sort of ambiguous as to how it is divided. What I have read says half way through the holiday and I’ve also ready that Christmas Day itself is split either at noon or 7pm depending on even or odd days in the holiday, but Christmas Day isn’t half way through the holiday so I’m confused.
Here is the most current Utah Code Ann. sec. 30-3-35 language regarding Holidays (Note: there is more to the statue! I’ve only cut out the holiday part. Click on the link to read the entire statute.)
Holidays include any “snow” days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule; however, birthdays take precedence over holidays and extended parent-time, except Mother’s Day and Father’s Day; birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted time takes the child away from that parent’s residence for the uninterrupted extended parent-time.
(d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child’s attendance at school for that school day.
(e)
(i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
(ii)
(A) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child’s school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B) at the election of the noncustodial parent, if school is not in session, parent-time over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the custodial parent’s work schedule, the first day of the holiday weekend until 7 p.m. on the last day of the holiday weekend, if the noncustodial parent is available to be with the child unless the court directs the application of Subsection (2)(e)(ii)(A).
(iii) A step-parent, grandparent, or other responsible individual designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.
(iv) Elections should be made by the noncustodial parent at the time of the divorce decree or court order, and may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child’s schedule.
(f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i) child’s birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the Sunday before school resumes;
(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(vi) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(vii) Veteran’s Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; and
(viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.
(g) In years ending in an even number, the noncustodial parent is entitled to the following holidays:
(i) child’s birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
(ii) President’s Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday;
(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
(viii) the second portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for the holiday period, so long as the entire Christmas holiday period is equally divided.
(h) The custodial parent is entitled to the odd year holidays in even years and the even year holidays in odd years.
(i) Father’s Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday.
(j) Mother’s Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m. until 7 p.m. on the holiday.
My question is pertaining to 30-3-37 section 6 (c) regarding off-track time for consecutive weeks. Does this mean 1 period of off track time or 1/2 of all off-track time?
@Linda,
First I want to note for readers that 30-3-37 is “relocation” parent-time specific to parents who do not live within 150 miles of each other. Reading what your Court Order actually says is vital in this area as 30-3-37 is just one of many different arrangements made by parents who live far apart.
The statue says:
(6) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent-time for children 5 to 18 years of age:
(a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period; and
(d) one weekend per month, at the option and expense of the noncustodial parent.
It appears Linda that your question might be in the realm of a school that is “year round” and uses “on and off track” time. Generally, summer time parent-time according to subsection (6)(c) is 1/2 of the entire time the child is out of school for SUMMER break is divided by the parties. I have no sense of the interpretation of the court being specific to year-round school. Hopefully your court order will make it more clear for you. Year-round schools are something that makes flat application of the statute very difficult.
Thanks for your comment!
What if the non custodial parent is a contractor and only gets 10 days of visit twice a month?
I meant twice a year
What exactly is the definition of “uninterrupted summertime”? Does it mean the party who does not have the child can not contact the other party? However, can the party that has the child contact the other party regarding their child?
Example : I’m the CP, took our son to Disneyland, emailed pictures of our son so his dad wouldn’t miss out.
@Georgia, Uninterrupted summertime does not usually mean no contact. It simply means no regular parent-time such as OVERNIGHTS at the other parents home no evening and weekend visits. However, this is very much dependent on what you Decree or Court Order says. There may be other restrictions or opportunities according to your own case.
I understand that if a holiday falls on a Friday or Monday and it extends past that, the NCP may have this time if they are free from work. However, if Fall Break is the holiday and it is Thursday and Friday and. Professional Day is Monday, but the NCP isn’t free from work on Monday, would this matter? The Monday is part of the holiday period as Fall Break is not a one day holiday such as Columbus Day. I’m wondering if the children could remain with the NCP regardless of work as this is in the holiday period.
Professional Day is not a holiday listed under 30-3-35 so it would likely be treated under the other language you reference in that the “child is free from school and the parent is free from work.” However, if the parent is not free from work, it seems that under either the holiday language or the child/parent availability language the time would not be given to the non-custodial parent.
My question is about the Labor Day holiday weekend. How do you know if the holiday is extended?
Labor Day is one of the listed holidays under Utah 30-3-35 and falls on a Monday. Therefore, the statute intends that Labor Day as a parent-time weekend would begin Friday after school and continue until Monday evening, “trumping” the regular rotation of parent-time. Thanks for stopping by our site!
Under 30-3-35, do noncustodial parents get weekday visits every week, including the weeks where the child stays the weekend?
Thanks
JS
iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
Does the statement ‘but not weekends” mean the custodial parent will not have visitation on their regular scheduled weekend during the interrupted weeks?
Thanks!
I have a question regarding interrupted time. My ex and I have a modified visitation schedule, his week day visit is every other week, Wednesday -Friday until 4pm. During the 2 week interrupted time, minus the weekend, visitation to the custodial parent should have this same schedule of visitation that is followed. Is this correct?
Thank you
The code section to which you’re referring is 303-3-35 (2):
(k) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days prior to the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
I can’t give you direct legal advice and under the scenario you’ve described, your court order could be what we call a 2-5-5-2 split and in that case, there is essentially no real “interrupted” parent-time. But under the straight code reading, the custodial parent is to take the weekday time which is usually the non-custodial parent’s.
I understand that holiday time “trumps” parent-time without changing the weekend rotation. However, the statute is a bit unclear as to what happens when the NCP’s holiday for any given year also coincides with the NCP’s regularly scheduled weekend parent-time.
For example, the child’s actual birthday is the NCP’s holiday this year and it falls on the NCP’s regularly scheduled parent-time weekend. The CP is entitled to the day before or after the actual birthday from 3pm to 9pm. The CP is saying that they are entitled to the actual birthday until 3pm since the statute defines times for the NCP’s holiday as from 3pm to 9pm. Would this be correct since the NCP’s holiday is concurrent with the NCP’s regularly scheduled weekend parent-time?
It has always been my understanding that the statute lists actual times for cases in which one parent’s holiday time would impede upon the other parent’s parent-time and that it presumes that there is little to no change in regularly scheduled parent-time due to a holiday if the holiday falls within the parent-time for the same parent. If a holiday that is the NCP’s holiday also falls on the NCP’s weekend, then there is no change to the schedule. Am I understanding this correctly?
I have a question about the July 4th holiday this year and how the Utah State Statute reads. Does the holiday start at 6pm on July 3rd and run to 6pm on July 5th? Or does it mean that you get either July 3rd @ 6pm until July 4th @11pm OR July 4th @ 9am to July @ 5th 6pm? The way it reads it confusion…
(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday
Thank you in advance for the clarification!!!
Thanks for stopping by our site. It’s a good question. When you look at Utah Code 30-3-35 as a whole you’ll see this:
(2)(e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
…
(f)(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
This year, an even numbered year, it is the custodial parent who gets the 4th of July holiday. It falls on a Friday this year, so the statute seems to indicate that from July 3 at 6 p.m. to Sunday evening, the custodial parent has parent-time. Realize that this is a reading of the statute. Your court orders may read differently and there are other issues about “trumping” time if the there’s a birthday or if it’s the parent’s uninterrupted time. Good luck and enjoy the holiday weekend.
I have a ? If it’s one of the grand parents birth day can I pick up my kids just for the day and there s no school
The first step is to look at any court order you have and see what it says in terms of parent-time. For example, if the child is out of school, whose parent-time day is it? Do you have the right to provide child care if the other parent is at work, etc.? If your orders just reference Utah Code, there is no mention at all of either parent’s or grand-parent’s birthdays (only the child’s birthday). Therefore, you need to read the code 30-3-35 or 30-3.35.1 or 30-3-37, whichever is applicable and see what your parent-time is for days when the child is off-school. Hopefully you and the other parent can look to what is best for the child and come to an agreement about off-school parent-time. Good luck!
Hi! I have a follow up question on the July 4th. It was noted section (2)(e)(i) about the weekend holiday and the period extends beyond that. And since the 4th of July this year is being nationally recognized on the 3rd, wouldn’t that mean that the holiday period starts July 2nd at 6PM? It is confusing when the extended holiday does and doesn’t apply 🙂 Thank you!
Yes, there is no question in my mind that the 4th of July holiday, when it falls on a weekend, is intended to start Friday and end Sunday!
Thank you!
@Mollie, Anytime 🙂
Below is a link to the latest version of Utah Code Annotated 30-3-35, which provides holiday parent-time. Notably, the version that was in place at the time of the parties’ order is the version that parties are supposed to follow. However, many people don’t have a copy of that version attached to their court order and therefore end up following the latest version.
For this year, 2014, many many schools had a Spring Break that does not overlap Easter Sunday. The code has no holiday provision whatsoever for Easter Sunday and the parties just follow their regular rotation. This year, Spring Break goes to the parent deemed the “custodial parent” by court order or by agreement for the purpose of following the holiday division.
http://le.utah.gov/code/TITLE30/htm/30_03_003500.htm
When new holidays are added to the 30-3-35 do we start following that new version? Or do we continue following the old 30-3-35 version from the year the parenting plan was established?
Hi Traysha, thank you for stopping by. Always follow the statute the way it read at the time of your decree. If you need help finding it, let me know. -Rebecca
Our school district spring break does not fall anywhere close to the actual day of Easter Sunday this year. In such case, would Easter day be split? Our specific order doesn’t address this. We are ordered to follow Utah standard 30-3-35 for holiday visits.
Is Easter Sunday split between parents?
Clarify some of the questions above.
For children under 5 years of age, the parent should be looking to 30-3-35.5 rather than 30-3-35. However, if there are older siblings, often the court may shuttle around children under 5 on the same schedule as the older children unless the child is very very young or there are other reasons to have slightly different schedules.
Note that 30-3-35 (2)(e) states “If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent (the parent exercising parent-time) shall be entitled to this lengthier holiday period.”
We have many times had the court interpret this to mean that if the child will be off school on a Monday, whether for a single day or for many days, the parent-time may be interpreted to extend to FRIDAY after school prior to that Monday. Similarly if the child is off school on Friday, the parent-time may be interpreted to extend through Sunday night. Meaning SPRING BREAK of Monday through Friday may often be considered to start Friday night after school and extend to the the Sunday evening after the week off, which is a total of 9 overnights.
Thanks for your questions.
If school let’s out on Friday as usual and Monday begins the official day without school for spring break, when does the exchange happen?
There seems to be 2 conflicting sections (below) that have confused both parents. In the first section it states “contiguous”, and the second section it states “extends”. Specifically as it relates to holidays that fall on Mondays (Columbus Day, Veteran’s Day in some years, children’s birthdays, but not Halloween as that is specifically excluded from any extended time). One could reasonably interpret this to mean that the weekend is not included in the holiday based on one section that only extends, or it could be included based on contiguous. Is there something I am missing or taking out of context? And why didn’t the state define Columbus Day as a Fri-Mon holiday like they did with Labor Day, Memorial Day and others, when they knew that kids would not be out of school and it always falls on a Monday (since 1971)?
(iv) Weekends include any “snow” days, teacher development days, or other days when School is not scheduled and which are contiguous to the weekend period.
(c) Holidays include any “Snow” days, teacher development days, or other days when school is not scheduled, Contiguous to the holiday period, and take precedence over the Weekend parent-time. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule; however, birthdays take precedence over holidays and extended parent-time, except Mother’s Day and Pather’s Day; birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted
time takes the child away from that parent`s residence for the uninterrupted extended parent-time.
(e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
How does one split the Christmas holiday in half when the child is 3 years old? The code is based on school break, correct? If they aren’t in school yet, I’m not sure what constitutes half the holiday?
Many of the questions about the code surround some of the same issues so I can attempt to broadly clarify our understanding of the code but please do consider calling us to help you with your specific case so that we are sure that we’ve taken all of the factors into consideration.
TRUMPING- The general idea is that Holidays, and days “connected” to holidays because they are contiguous, “TRUMP” the regular rotation of parent-time. This is true for either custodial or non-custodial parents. If the child is off school and the parent off work and the holiday extends from Friday through Monday evening, for example, the parent gets from Friday after work until Monday night at the designated time. If this includes a snow day, this trumps the regular rotation of parent-time. The way we talk about it is that the holiday schedule “lays on top off” the regular rotation, meaning that the regular rotation doesn’t change just because of a holiday- there will be some years where one parent could have a child three or more weekends in a row because of the holiday laying on top off the regular rotation.
HALLOWEEN- Utah Code Annotated 30-3-35(4) very specifically says that Halloween cannot be extended even if it falls on a Monday or Friday.
ELECTIONS- For the most part, elections are required by the non-custodial parent. Meaning, at the time of the court’s order (when the election is to be made has some variance in the code), the non-custodial parent must pick whether he or she will be picking the child up from school on Fridays or at 6 p.m. Also, which evening will be the midweek visit and will it be after school or starting at 5:30? These are non-custodial elections. Other types of “elections” are for either parent. If the parent wants extended time, they need to elect it and provide notice 30 days before the end of the school year. The code is usually specific about when elections need to be made.
YEAR-ROUND-SCHOOL- There are many challenges when looking at the statute and how to use it when your child is in year round school. As a “shorthand,” think of the extended time being able to be exercised when the child is off school for any extended break (greater than a few days). The code uses the phrase “When school is not in session” but it seems reasonable that if the school break is 5 or more days off of school, it’s an option for requesting extended time.
VIRTUAL and PHONE time- the code presumes that phone or computer contact is okay during the other parent’s parent-time as long as it is of reasonable frequency and duration. “Uninterrupted time” does NOT mean that you cannot have phone contact (and if 100 miles apart, computer video conferencing). Courts vary as to what is reasonable, but most say phone contact of every other day for 10-20 minutes is sufficient. Some court allow more, others much less. Texting between children and parents is becoming a big issue. The courts suggest that NEITHER parent should be texting their children during school hours unless it’s a singular text about pick-up from school or some similar vital information. Other issues are texting during parent-time. The court say that the parents should not “erode” the other parent’s parent-time with excessive texting, phone calls or video conferencing.
NOTE: These are the opinions of the firm based on our experience. We have no ability to predict what any individual judge or commissioner will do in your specific case.
Question regarding uninterrupted time…
I found this in Utah code 30-3-32
(e) “Uninterrupted time” means parent-time exercised by one parent without interruption at any time by the presence of the other parent
Does this mean that I have the right to call/text our child while he’s away? Doesn’t seem unreasonable for either party to be able to communicate?
Whoever updated this code should be terminated. “idiot” I say this because it is not in the best interest of separating the children on the Christmas “Holiday” The NEW “Holiday vacation” is needing corrections.
I’m still upset and continue to fight this one. so how is the “Holiday” suppose to be split? refer to 30-3-33 (17) My family would like to celebrate Christmas this with their grand kids.
In section (2)(c) it contains the following sentences: Holidays include any “snow” days, … , contiguous to the holiday period, and take precedence over the weekend parent time. Changes may not be made to the regular rotation of the alternating weekend parent time schedule;
To me, these are contradictory sentences. If the custodial parent’s holiday falls on the non-custodial parent’s weekend parent-time, who gets the children? The first sentence says, in this case, the custodial parent gets the children. The second sentence says the non-custodial parent gets the children. This scenario is coming up soon and I would like to know how this should play out. Thank you.
can u give me and example for the christmas portion ,for the non custodial parent, my kid’s gets off school on 12/23/2009. For how many days he will have the kid’s
My kids attend school in the Granite School District. In 2009, they break for Christmas on Friday 12/18 @ 1:30. They return on Monday 1/4. When I do the math on the number of days in the break I calculate 16 days. Each parent should get 8 full days. Statute says turn-over time is 7pm on the day half-way through the break because there are an even number of days. Question, when is the day mid-way through the break? Is it the 25th or 26th? Does the state publish a copy of the parent-time calander for each specific year? If so, where can I find it.
I need clarification on the Halloween time and holidays that fall on weekend or friday or monday. My husband (non-custodial parent) and I have my son for the weekend of Halloween this year however, my son’s mother (custodial parent) has him for the holiday. Would she get him for the entire weekend? Or just for the few hours designated?
Notwithstanding Subsection (2)(e)(i) (2) (e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period., the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi). (2)(g)(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.
With subsection (2)(e)(i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
Does that also mean that the custodial parent gets the same consideration on those holidays that fall on a weekend or on a Friday or Monday or is that just for non-custodial parents?
I need clarification on the Halloween time and any other holidays that fall on a weekend or friday or monday. My husband (non-custodial parent) and I have my son for the weekend of Halloween this year however, my son’s mother (custodial parent) has him for the holiday. Would she get him for the entire weekend? Or just for the few hours designated?
Notwithstanding Subsection (2)(e)(i) (2) (e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period., the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi). (2)(g)(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.
With subsection (2)(e)(i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.
Does that also mean that the custodial parent gets the same consideration on those holidays that fall on a weekend or on a Friday or Monday or is that just for non-custodial parents?
The code says that the custodial parent gets two-weeks uninterrupted time during summer vacation. My children are in year-round school. They are only out 3 weeks during July. Between holidays and work, it is a hard time of year to take a vacation. I’ve found definitions of year-round school saying that summer vacation is divided by breaking up the long summer vacation into shorter, more frequent vacations throughout the year. Does that mean I can take my two-weeks uninterrupted when they are off track in November?
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?
My husband is the non custodial parent and we have net yet entered our temporary orders in court for custody. However, we have verbally agreed to honor the current visitation. For the 4th of july, I show that he picks the kids up at 6:00 on the 3rd, and then can keeps them if he wants until the 5th at 06:00. My husband stated that because the 4th falls on a weekend, he can extend the weekend from 09:00 am on the 3rd to 7:00 on the 5th. IS this correct
@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.
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?
It’s Wednesday Oct 16, 2019 and the non custodial parent picked up our children, ages four and two. After picking them up, he informed me he wasn’t going to be returning them at their usual time of 8:30pm this evening. He told me that he would be keeping them until Sunday at 7:00pm, due to fall break. How does this break include my children when they are both under five and not yet in kindergarten? Do I have the right to call authorities when/if they aren’t returned this evening 15 minutes past drop off time? Does code 30-3-35 also include 30-3-35.5? Because neither of them are five yet, 30-3-35 is what is listed on my court order paperwork.
In 30-3-35.5, the code for children under 5, it references back to the holidays per the code 30-3-35. 30-3-35.5 is a subsection of 30-3.35 so it is considered included. So yes, 30-3-35.5 is likely to be applied by the court. For children 2 and 4, that includes holidays. While it is up to the individual judge or commissioner exactly how to view your situation, I have heard commissioners say that they will apply the school schedule for the school district in which the children reside in order to figure out what the holiday periods are. This is not written in law anywhere as far as I know but I think it is a common rule-of-thumb for the court. Of course, this means that you should make sure you also get your holidays per the code.
You bring up a secondary interesting question which is: what to do when a parent does not return the children at the end of his or her parent-time? It is my experience that police officers largely stay out of domestic order disputes unless there is an altercation between parents that includes harassment, violence, break-ins, property damage, threats, or stalking. However, the police are always willing to fill out a report so that there is a record of why you called and what is happening. It is a public service that should not be abused, however, and should be reserved for truly worrisome situations. It is NOT an Amber Alert for a parent to violate their court orders as to parent-time and in fact I have many times attempted to bring a Temporary Restraining Order in civil court to get a parent to return a child or to order a parent not to act on their threat to keep a child longer than they are permitted. In most every case, the court tells me that it is not “irreparable harm” because the parent who is being deprived his or her parent-time can get make-up parent-time. In other words, parent-time disputes are not an emergency in the court’s or police eyes. BUT, every parent should keep a calendar that notes late pickups, late drop-offs, refusals of time, refusals to take awarded time, negotiations to swap time, accommodations to requests for changes of time, etc. While parent-time rarely is an emergency situation, it WILL be dealt with and bad actions are usually taken into account by commissioners and judges.
All of that being said, if a parent ever feels like his or her child is at risk (e.g. other parent seems inebriated when he or she comes to pick up the children, the parent threatens to injure or injures other parent or a child, etc.) or that the other parent will attempt to leave the country with the child without disclosure, it is better to error on the side of calling the police. Also, attorneys should be notified so that you can get to court as soon as possible.
@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!
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?
Please help me clarify if the old statute that was in place when my divorce was final is what we go by regarding visitation or if the new one takes precedence over the old one.
Thanks.
@Jane: Thank you for taking the time to comment on the blog. The code changed slightly on this issue when it was amended in May 2008. The current code says this about extended parent-time:
Utah Code Annotated section 30-3-35
(2)(k) 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;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted time during the children’s summer vacation from school for purposes of vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days in advance to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
As you can see, section (k) and its subsections have to do with non-custodial parent-time and section (l) has to do with custodial parent extended parent-time.
Our firm has not seen any litigation, or heard any discussions, of this particular edit to the code; it is hard to guess what a judge or commissioner would say when attempting to interpret it. However, from a plain reading, it appears that each parent has two weeks of uninterrupted parent-time each year (14 overnights uninterrupted by the other parent) and, in addition, the “non-custodial parent” (i.e. the parent with less time) gets two additional weeks of time where all of the weekend time goes to the non-custodial parent and the weekdays go to the custodial parent, with holiday time division under the code “trumping” any other parent-time. For practical purposes, that sounds merely like giving the non-custodial the option of two additional weekends which, when added to a regular rotation of weekends, could result in the non-custodial parent having three weekends back-to-back.
In regards to extended parent time is it true that for the remaining two weeks which is subject to parent-time the custodial parent is entitled to weekday parent-time but not to the weekend parent time except for holidays?
@John Larson: Thank you for you comment on the blog. Yes, the reading is confusing, as you point out. Particularly given that the prior version of the statute referenced 1 p.m. on Christmas Day as an exchange time every year regardless of how many days of vacation from school were in the total holiday period. The prior code provision always split Christmas Day between the parties.
Members of this firm attended a continuing legal education seminar last week and the “official” reading of the statute is that the exchange is to occur at 1 p.m. (if there are an odd number of days in the holiday break) or 7 p.m. (if there are an even number of days in the holiday break) on the day 1/2 through the Christmas holiday. In other words, parents no longer each have a portion of Christmas Day; only the parent who has the first portion of the holiday will have Christmas Eve and Day with the child, according to Utah Code Ann. sec. 30-3-35.
Also, important to note. The Judges and Commissioners attending the legal forum seemed to be in agreement that, for any order that is final, the parties are to follow Utah Code AS IT READ AT THE TIME OF THE FINAL DECREE (ORDER). In other words, some or most Judges and Commissioners are saying the new statute provisions do not apply to divorces or custody orders that precede the date of enactment of the new statute. For lawyers, that would probably mean that the best practice is to attach the current version of any statute provisions referenced in the Decree or Order so that the parties and court know what the statute said at the time the Decree was signed by the Court. Of course, Temporary Orders could be changed at the time of the final order if the statute changes during the process of the divorce or custody dispute.
I am having issues with this whoe Christmas definition myself. It appears to me that the language in the code is nont clear. If you read it carefully then it states an exchange at 1 p.m on Christmas day and then mentions halfway through the holiday in the same sentence. It seems to me that something is missing. My understanding is that you split Christmas Day at 1 p.m. and you ALSO split the whole Holiday equally. It could be read as follows: “Christmas Day until 1 p.m.” It can also be read this way: “until 1 p.m. on the day halfway through the holiday.” I took these from the same sentence. It seems that it is missing something but if it was intended to eliminate the mid-day exchenage on Christmas why wouldn’t this have made the news with how it can affect people?
@Dawnell: If you have a recent court order, you should follow it. As for older orders- this is the debate many lawyers are having between themselves as well as client/parties. I spoke to a well-seasoned lawyer the other day who is confident that you follow the statute AS IT WAS when your order was signed, but I pointed out to him that some of those orders are 5, 8, 10, 15 years old and we have no idea what the statue said then. He was at a loss to answer that. As soon as I have this issue resolved by a Commissioner or Judge- I will post with the result.
do we follow the new provision or do we go with what the judge ordered us to do regardless that it got changed?
Thank you for the response. Its hard to figure out what to do with the new changes and a old decree. Sometimes the code is not clear and leave parents with to many questions unanswered. Example, kids that are younger than 5 years of age and are not in school, does UEA or fall break & Christmas break still apply for the parents parent-time or do they have to be in school if it says school break?
@Mandy: Thanks for posting a comment Mandy. When the legislation first passed, we believed that the court would apply it to any case in which the Order/Decree merely references the code, as well as new cases with an Order signed after the date of issuance of the new legislation. That would mean that in Orders providing specific language setting forth holiday division, the division would not be changed in accordance with the new code provisions. However, we still have not had enough time in court to determine if this is true. Most parties are taking things into their own hands and simply agreeing to follow the old rules or agreeing to adapt the new rules. Because the parties are permitted to agree to a course of action, we usually do not end up litigating it in front of the court. If anyone has taken this issue in front of a judge or commissioner, we would appreciate input on the results.
I was wondering if the new changes to the parent-time schedule for 5 to 18 years of age is what parents will have to go by now even if they have a current order in place? I am curious if anyone has had the experience to find that out by the Commissioners or Judge.
@Joe: That is great that you went directly to a legislator for comment. That helps know what was intended. Did she mention clarifying off-track parenting in the next legislative session?
@Travis: The code does not specify any particular rules regarding how such time is to be distributed, so presumably it can be done in various ways. However, be aware of notice requirements to the other party and Utah Code Annotated 30-3-36 which discusses travel out of state with minor children.
Thank you both for commenting on the blog- I love the community interest in this topic!- Rebecca Long Okura
In the extended Parent time part it says that:
(i) up to four weeks consecutive at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
Can this be split up into 4 separate weeks during different times fo the year or is there just one extended parent time that can be up to four weeks?
Thanks,
Travis
Today I emailed Lorie D. Fowlke Representative District 59 who sponsored the bill. She replied quickly … Here is the quote from her email back to me …
“The lines you are referencing was not part of HB 71, so remains unchanged. However, the holiday would have to be for that extended period and the parent would also have to be off work. Off track time is not part of the holiday definition.”
@Joe: Thank you for your comment. In reviewing the final published form of the bill found at http://le.utah.gov/~code/TITLE30/htm/30_03_003500.htm, it appears that the final version as issued by the legislature is unclear. We understand your reading. It will be interesting to see what happens in practice. It may be that court commissioners and judges will look only at the child in question, rather than the school as a whole, and consider dividing longer holidays with the non-custodial parent if the child and parent are both available. If you, or any reader of this blog, has any experience with this provision in court or at mediation, please comment and let us know how the court viewed this. Thanks again for your comments.
I have a comment regarding the what you said about holidays. You referenced paragraph Utah Code Ann. Sec. 30-3-35(e) and stated that this “allows holidays to extend for the period of time during which the children are out of school and the parent is free from work. This could affect a year-round school distribution” . If you look at the final document for H.B. 71 – http://le.utah.gov/~2008/bills/hbillenr/hb0071.htm …
it lists the “Highlighted Provisions”.
One of the provisions to the bill states: “allows for the election of an entire weekday by the noncustodial parent if school is not in session; and includes snow days, teacher development days, and other days when school is not in session in the definition of holidays.”
“School in session” doesn’t refer to “off-track time” it usually refers to days when the entire school is shut down not when one particular track is not there. Therefore a holiday can be extended during days that school is not in session not for off-track time. The particular part of Sec. 30-3-35(e) that states “the children are out of school ” was poorly worded in the bill and you have to look at the provisions in order to properly understand it.
@Holly: Thanks for your inquiry. While we cannot give legal advice to you, we can turn to the code and see what effect the changes have on year-round school.
The new Utah Code Ann. sec 30-3-35 does not discuss off-track versus traditional school schedules at all. Therefore, it seems that the provisions as to holiday (Utah Code Ann. Sec. 30-3-35 (2)(c) through (j)) and extended parent-time (Utah Code Ann. Sec. 30-3-35 (2)(k)) apply regardless of whether the child’s school is traditional or year-round.
For holidays, notice paragraph Utah Code Ann. Sec. 30-3-35(e) which allows holidays to extend for the period of time during which the children are out of school and the parent is free from work. This could affect a year-round school distribution.
Note too that the code allows only two weeks to be completely uninterrupted by the other parent’s time and that custodial parents may only take that time during summer vacation.
How the code would effect your individual school situation will require that you sit down with the school calendar, your court order, and the code and determine how it applies to you specifically. Good luck!
Under “Extended Parent Time” (K), the new summary does not specify allowance for 1/2 of off-track school breaks. Instead it seems only to allow up to 4 consecutive weeks a year… it also allows 2 uniterupted weeks for the custodial parent during the summer break. (So for year round kids, they could not be gone for their entire summer break.) Do you agree this new summary will disallow the option for non-custodial parent to take 1/2 of each off track time?
@Mlissa Holt: Thank you for commenting on the blog.
I have reviewed the statute and your interpretation appears to be correct. The old statute provided for an exchange of parent-time on Christmas Day at 1:00 p.m., with the child being returned by 9:00 p.m. Christmas Evening. This carved out Christmas Day and Christmas Eve from the entire body of time of the holiday break (out off school period) and then referenced an overall equal division of the break.
It appears that the new statute does not carve out Christmas Eve and Christmas Day but rather includes them in the first portion of 1/2 of the entire Christmas Holiday period. The holiday is divided in half (as was true under the old statute too) but on the day of division, the exchange occurs either at 1:00 p.m. or at 7:00 p.m. depending on the number of days in the holiday.
It does lead to an interesting question as to what occurs in a school district where, or in a year when, Christmas Eve and Christmas Day fall in the second half of the school break period. I guess as long as Christmas always falls in the second half of the break, no party would be prejudiced.
Thank you for alerting us to this language. The new statute language is similar to that of the old statute, and this is where we made our error. The new statute uses the words “the first portion of the Christmas school vacation… including Christmas Eve and Christmas Day until 1 p.m. on the day halfway through the holiday, if there are an odd number of days for the holiday period….” With the old statute having provided an exchange on Christmas Day at 1 p.m., we jumped to the conclusion that this was again the legislative intent, but truly you are correct that this is not consistent with the plain language of the statute.
Thanks again for letting us know.
Sincerely, Rebecca Long Okura
The question i have and can’t seem to find an answer to is: what if the child is not yet in school? The child in discussion is only 18 months old and should not be held to this Christmas schedule due to him not being in school yet. I cannot find in the stipulation where it specifically defines this in regards to a child under the age of 5.
For Children under 5 years of age, the statute to look at regarding parent-time is Utah Code Annotated sec. 30-3-35.5 Here is a link http://le.utah.gov/xcode/Title30/Chapter3/30-3-S35.5.html
Notably, the holiday time in this statute refers back to the holidays for school aged children! Some clients decide to interpret this to mean that they should follow the holiday schedule set out in the child’s home school district even if the child is not in school. This is one solution and makes sense if the child is routinely spending overnights at the non-custodial parent’s home. Others could argue that, without school, the parent-time schedule set forth in 30-3-35 makes almost no sense and parent-time should be restricted to the holidays themselves and the weekend contiguous to the holiday. Interestingly, I can not think of a single instance where there was an argument about this and a commissioner or judges had to determine what to do. Therefore it is hard to predict what a court would do. When the issue came up, the parties were able to look at the history of parent-time, the age of the child, and make a schedule that was a compromise. That may not always be possible and you may need to get clarification from a court.
Two things to consider:
1. If you have a court order, follow it regardless of any difference between the order and Utah Code 30-3-35 or 30-3-35.
2. The standard for any debate about parent-time is “best interest of the child.” Any argument to narrow parent-time is almost always going to require the custodial parent to articulate well, and with proof, why lesser parent-time to the non-custodial parent is in the best interest of the child.
Keep in mind that there is a new statute, Utah Code 30-3-35.1 that shows that the legislature is intending to move toward greater equality in dividing parent-time. 33-3-35.1 is not a new default minimum, but it requires the court to seriously consider whether 145 overnights to the non-custodial parent is appropriate. This is a shift from prior code provisions.
in 2016, xmas day falls in the second half, which is NCP time since it is an even year. but since it is an even year, CP gets xmas eve/day. what happens then?
This is a very good question. When they first changed the language of the statute to talk about “half of the holiday” vacation from school and just said “including Christmas Eve and Christmas Day,” I wondered when would come a year where Christmas falls in the second half and makes this statute impossible to apply as written. For 2016, most students will get out of school on Friday the 16th of December and return on the 2nd of January 2017. Therefore, the switch from one parent to the other parent would occur on Saturday, December 24th, clearly putting Christmas Eve and Day in the second half of the holiday break. Under this “second half of break” construction, the non-custodial parent will have the children for Christmas Eve and Day in 2015 and 2016 and 2017. Three years in a row of Christmas Eve and Day going to the non-custodial parent is clearly not what was intended by the legislature. I suspect that we will see a number of filings coming up in 2016 to make a temporary variance in the court’s order so that there is clarity on this issue. I have no idea what a court will do but it seems likely they will divide the holiday in half but exempt Christmas Eve and Christmas Day so that the holiday is equally divided but that the custodial parent has that Christmas Eve and Christmas Day until 7:00 p.m. (using 7:00 p.m. because in this example there are an even number of overnights in the break from school.) This would work by giving one overnight to the non-custodial parent in the first half of the holiday break in exchange for Christmas Eve overnight. For example, if non-custodial parent had the child overnight on Dec. 16th, then the custodial parent would take his or her 8 overnights, with the child returned back to the non-custodial parent on Christmas Day at 7:00 p.m.. Another thing the court could do would be to completely flip-flop the statute for that year, giving the first half to the non-custodial parent and second half to the custodial parent. The problem with a complete flip-flop is that the custodial parent would get both Christmas and New Year’s Eves and Days. As with all things problematic in the code, the best thing is almost always to look ahead to future holidays and future years and make a written agreement between the parties regarding how to deal with these types of problems in a way that actually works for your children but is still providing as much equality/fairness to the parents as possible.
Could you break this down in the simplest of terms? My ex is refusing to share our daughter on Christmas day and Christmas Eve, letting me see her from 10 pm Christmas eve and demanding she be returned at 10 am Christmas morning. The divorce decree is being blatantly ignored and I’m just trying to get a concrete view of my rights.
If parents split time nearly equally (I have primary custody with one more overnight a year) – how does extended parent time (the 4 week portion) work? I would assume that since the time is split so closely, as the custodial parent, I would get the same time in return to balance/maintain having the number of overnights ordered in the decree, correct? I had always read the extended time as being geared more towards parents who have a larger difference in overnights.
Thanks!
Thanks for the question! Yes, in 30-3-35 subsection (m) the custodial parent shall have an identical two-week period of uninterrupted time during the children’s summer vacation from school for purposes of vacation
Basically, the non-custodial parent and the custodial parent each get two weeks of uninterrupted parent-time during the summer.
The other two weeks of non-custodial parent’s summer time, per 30-3-35, is “interrupted” by the custodial parent’s parent-time for “mid-week visits” which on a 50-50 or almost 50-50 time schedule is a very murky concept. What many parents with 50-50 or 60-40 parent-time (or time per 30-3-35.1) do is have the two weeks each of uninterrupted and just ignore the “interrupted” portion or better yet for older children, they will agree to two separate two week uninterrupted periods for each parent. Remember, you can always agree to do something that is better for your kids and that is fair to both parties!
_________________
Here’s the code:
(l) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
___________________
You website reads as if you pick the child up at 1pm on Christmas day. That is incorrect according to the statute. It specifically states until 1pm HALFWAY THROUGH THE HOLIDAY, if there are an odd number of days for the holiday period. If there are an even number of days in the holiday then the parent does not pick up the child until 7pm on the dividing day. It is not 1pm on Christmas day…spliting the actual day in half. It states splitting the entire Christmas break equally. It makes sense as to why the Christmas break is outlined in Utah Code Annotated Secton 30-3-32.
Your interpretation of the Christmas holiday seems incorrect to me. The exact wording of the statute is “the first portion of the Christmas school VACATION as defined in Subsection 30-3-32(3) ((“Christmas school vacation” means the time period beginning on the evening the child gets out of school for the Christmas or winter break until the evening before the child returns to school.)) including CHRISTMAS EVE AND CHRISTMAS DAY until 1PM on the day HALFWAY through the holiday, if there are an odd number of days for the holdiay period, or until 7 pm if htere are an even number of days for the holiday perios. So long as the ENTIRE HOLIDAY IS DIVIDED EQUALLY. To me this reads for example..school is out 12/24-1/4 (12 days) one parent has the child for the 1st 6 days!!
@Jodee: Thanks for contributing your comments to the blog. It will interesting to see how the judges and commissioners apply these changes at hearings regarding this specific provision. Thank you for reading the blog and for taking the time to share your thoughts and concerns.
I have statutory visitation as a non custodial parent and I can’t find anything that says if I can pick my kids up from school. I was told by the custodial parent if I do they will call the police. I’m trying to find out if I can legally pick them up from school. Thank you!!
Sounds like you are following Utah Code Annotated sec. 30-3-35. Check your order to be sure. If so, the code repeatedly references that “at the election of the noncustodial parent,…. from the time the child’s school is regularly dismissed…”. The code later says that the election should be made by the noncustodial parent at the time of the entry of the divorce decree or court order, and may be changed by mutual agreement, court order, or by the the noncustodial parent in the event of a change in the child’s schedule.
The code states that parent-time begins at the time that school is dismissed which implies that you can pick up the child directly because sending the child to the other parent’s home first would not be “at the time school is regularly dismissed.” However, elections for when you are starting and exercising this pick-up might be restricted if you’ve had an order in place for awhile and have never picked up from school. The election to do this pick-up should have been made right at the beginning or if there is a change to the child’s schedule. That being said, Commissioners favor the direct pickup from school and if you needed to return to court to get it ordered, it likely would be if you can base your pleadings on an appropriate reason to return to court.
I share joint legal custody with my ex. It’s says on my court papers I get my girls every other weekend after school, what if my girls have no school Friday? Can I pick them up after school Thursday?
Always start with a review your Decree or court order and see if anything in there answers your question or gives you guidance.
If the Decree does help, we’ll go to the code. If the day is a holiday, Utah Code Ann. 30-3-35(2)(e) says YES you get the extended period of time. But it seems these days that kids are out of school on Mondays and Fridays for all sorts of non-holiday reasons. Should it apply then? The Code doesn’t say. The other parent could take the position that since it’s not a holiday it is still their time and yours should not start until the next day, but I think the first question a court would ask is are either of the parent’s actually home from work and available to provide direct care on that Friday? If both are, well you’re back to square one. If only one of you is, the court would seem to favor that the child be with a parent when not in school. Also, does your order include the right of first refusal? If so, parent care should trump surrogate care.
In other words, even under 30-3-35(2)(e) the statute envisions including Friday and starting on Thursday ONLY if the child is free from school and the parent is free from work. If you ARE free from work and the other parent works on Friday, that seems like a good way to start a negotiation. The two parents could come to an agreement that if the child is out of school and the one of the parents is out of work, that not-working parent has parent-time. If the child is free from school but you’d be going to work on Friday, it seems the court would question what is the point.
This is one of the areas of the law that require the parties to be able to have reasonable and civil conversations with each other because the code and court orders do not necessarily cover every situation. Hopefully your situation is one in which you can have that kind of conversation. If not, you may be able to return to court for modification to clarify the order. You would want to have really tried to sort it out yourselves first and see how many days of the school year this issue is going to arise.
Good luck!
Rebecca, I pick mine up after school but I am not allowed to check her out of school or they call cops. But I pick her up from the school. Best thing is to do it and when he calls cops to bad if it’s your weekend they won’t stop you.
Thank you for stopping by our blog. If your court order allows you to pick up the child from school or the statute says that you may elect to pick up the child directly from school, you can always try showing it to the school. Schools often have their own rules as to pickup and drop-off but you CAN get court orders to be added to the pickup or drop-off list in some cases.
My Ex has moved from Idaho to about a half hour drive from me. She has been allowing me to take my son over weekends that are hers while she works for the last couple of weekends. I’m the non-custodial parent. I’d like to get more time with him and have more questions. Could you email me?
I’m the mom and I have full custody. I’m from Utah, he have every other week but he is not following the hours some time he doesn’t answer my message to were to pick up my child went is time to pick her up in Sundays some times he take 4 hrs to answer my message she is 4 year old and the Holiday he tried to confused now I don’t know what is my holiday in Christmas because is the only holiday he is wants. He is been harassing the daycare person all the time because he also can took my child consist 2 days of the week for 4 or 8 hrs in my during work. But he olnly watching only 1 hrs and not send back to the daycare and I don’t know what to do because he doesn’t understand or don’t want to understand and he wants to show every day but the daycare don’t let him take but is been scared and confused my child please help me for the holiday and what to do. I because police doesn’t do anything and I can’t take again to court because apparently what they do is to remember him what to do but he still the same
Hello, I have privately emailed you in response. Sincerely, Rebecca
So if my holiday is on a school day I get them from when they get out of school to what time that night do I need to have them back
Per Utah Code 30-3-35(2)(e), most holiday parent-time ends at 7:00 p.m. Notable exceptions are 4th of July and Halloween.
So if the school Christmas holiday starts on Monday, December 23, 2019 and it is the custodial parents weekend, does the non custodial parent get the child on that friday before for the start of the holiday vacation or is it still the custodial parents weekend until that Monday the 23rd?
Hi i have a question my son is 7 me and his dad are seperated the visit scedule is every other weekend but his father will not give me a address to where he is taking my son and to top it off my son says he puts him to bed on the floor where my poor son comes home with bed bug bites on him is it the law for my son to have his own bed when going to visit his father?,
It is my experience that these changes being applied to existing decrees, and especially in the middle of the year, is unfair to both parties. When the alternating holidays are changed to different years, it leaves parents missing 2 of a specific holiday in a row. Many parents have traditions and activities that their children miss, and to cause this to happen for 2 years in a row is unfair to the parent and the child. In my specific case, being ordered to follow 30-3-37, the change in the code will cause me to have only 2 of the 8 rotated holidays in a two year period if the changes are to be applied to existing decrees and applied immediately. This is not only unfair to me, it is unfair to the children involved. The changes, should primarily not be implemented mid-year, and secondarily not apply to an existing decree unless both parties agree to that implementation.