Anthem

A Modern Marketing Child Theme for Divi

Anthem

A Modern Marketing Child Theme for Divi

State your claim with ANTHEM

1000+

Lines of Code

Each line of code has been created to ensure maximum compatibility among major browsers. Crafted with great care and love.

Clean & Beautiful

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Carefully Crafted

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Made with Love

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Features

Clean Typography

Font styles have been meticulously set to fit Anthem's aesthetics.

Forms & Opt-Ins

Included are dark & light contact forms, several email opt-ins, and slim email opt-ins.

Unique Layouts

Easily use one of our several Home Layouts, Base Layouts, and sample Craft Layout.

Ken Burns Header

With the right image, this effect can impress and make your site memorable. Subtlety is key.

Stunning Imagery

Parallax backgrounds and use of whitespace allows the focus to be on your images.

Features Grid

Easily showcase the features of your project with Anthem's Features Grid.

Team Options

Showcase your Team in a beautiful way. The column order adjusts for tablet & mobile.

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Extra Animations

We’ve added additional animation classes you can apply to your sections and modules.

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Animated Backgrounds

Subtlety and limited use of this feature is key as it can affect performance.

Pricing Table

Showcase your pricing tiers with Anthem's simple, bold Pricing Table.

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Gradient Text

For browsers that support it, we've included a Gradient Text effect with a fallback color.

Amazing Support

Email us and we’ll respond to you as soon as possible. We also have helpful video tutorials available.

Image Intense Plugin

Plugin Included with Anthem

Image Intense Plugin

Plugin Included with Anthem

Image Intense Plugin

Plugin Included with Anthem

Save Hours on Code

Get Fancy With It

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Mix It Up

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Introducing Anthem. A modern Marketing Child Theme for Divi.

Black+White Layout

It's amazing how the absence of color can affect a design. The Black & White Home Layout shows with little style adjustments your page's design can vary greatly from the Main Home Page Layout. Classic all the way.

Anthem Crafts Layout

Extra care & attention went into the styling of the Section Headings in this layout. Carefully chosen photos shine alongside classic typography and whitespace.

Anthem Cycles Layout

Bold & Beautiful Photos sets this layout apart. We also have chosen a different Google Font to be highlighted on this page.

How about a slim opt-in bar?

There's a single field version on the About page...

ANTHEM

ANTHEM includes several Home Page Layouts, plenty of features, our popular Image Intense Plugin, incredible support, and 15+ video tutorials.

State your claim with Anthem. Purchase today!

ANTHEM

Introducing ANTHEM...a Modern Marketing Divi Child Theme crafted with great care and love. Save hours on design & development by purchasing ANTHEM today.

State your claim with Anthem. Purchase today!

Testimonials

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ANTHEM Divi Child Theme

Jane Doe

Designer

"Donec at vehicula risus. Cras vel sollicitudin ipsum. Etiam tincidunt placerat enim, a rhoncus eros sodales ut. Nam consequat diam nec leo rutrum tempus. Nulla accumsan eros nec sem tempus scelerisque."

ANTHEM Divi Child Theme

Jamal Lyons

Developer

+ Lines of Code

+ Hours

Solid Theme

Purchase ANTHEM Today!

Animated Gradient Background

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At least for most modern browsers, otherwise you get a solid color background.

Frequently Asked Questions

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ANTHEM is Here

Introducing ANTHEM...a Modern Marketing Divi Child Theme crafted with great care and love. ANTHEM includes several Home Page Layouts, plenty of features, our popular Image Intense Plugin, incredible support, and 15+ video tutorials. Save hours on design & development by purchasing ANTHEM today.

State your claim with Anthem. Purchase today!

ANTHEM is Here

Introducing ANTHEM...a Modern Marketing Divi Child Theme crafted with great care and love. ANTHEM includes several Home Page Layouts, plenty of features, our popular Image Intense Plugin, incredible support, and 15+ video tutorials. Save hours on design & development by purchasing ANTHEM today.

State your claim with Anthem. Purchase today!

State your claim with ANTHEM

Anthem is the Child Theme You've Been Looking For!

Anthem is the Child Theme You've Been Looking For!

ANTHEM is Here

Introducing ANTHEM...a Modern Marketing Divi Child Theme crafted with great care and love. ANTHEM includes several Home Page Layouts, plenty of features, our popular Image Intense Plugin, incredible support, and 15+ video tutorials. Save hours on design & development by purchasing ANTHEM today.

State your claim with Anthem. Purchase today!

Beautifully Responsive

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Latest from the Blog

Left-Aligned Effect

Power of Attorney & Coronavirus: Essential Documents For You & Your Family

Power of Attorney & Coronavirus: Essential Documents For You & Your Family

“What should I do if someone in my family is infected with COVID-19?” This is the question we are getting from clients.

An important, inexpensive step you can take is to have Power of Attorneys. There’s a common misconception that a Power of Attorney (POA) is only necessary if you have a large estate, but assigning POA early allows for prompt solutions.

What is a “Power of Attorney?”

A Power of Attorney can cover anything from “who makes decisions for me if I am medically unable to make them for myself?” to “what happens to my bills if I am hospitalized?” and they answer an array of other questions.

Right now, one of the most powerful tools in your planning-for-COVID-arsenal is the ability to form a Power of Attorney ahead of time. There are two (2) forms of a Power of Attorney. The first is a Power of Attorney over your Finances, the second is a Power of Attorney over your medical decisions. (We will deal with Health Care Directives in another blog post.)

Power of Attorney over Finances

If you become ill or are unable to make decisions for yourself, who should make financial decisions for you?

Who do you feel comfortable in assigning this responsibility?

How will your rent or mortgage get paid?

Does someone have access to your bank account?

Do you have emergency funds in place to hold your finances over?

Is someone able to access the funds that you saved?

The answer is to delegate someone well in advance. You can assign a person- any person you are comfortable with- to have access to your account(s) to make those decisions if you become incapable of carrying on. And it’s a fairly simple process.

Let’s look at a practical way this issue can arise amidst the ongoing crisis:

 

Financial POA Case Profile:
You have $8,000.00 total. $3,000.00 in checking account from your last paycheck, plus what you keep in your savings account for emergency purposes.

You contract COVID-19, have difficulty breathing and have to be hospitalized. During this time, your mortgage still needs to be paid. Your electricity bill still needs to be paid.

There are other people living in your home who financially rely on you to make your payments on time, whether it’s a roommate, a spouse, or a significant other. Regardless, none of these people have access to your $8,000.00 to make the payments while your hospitalized, leaving your bills unpaid, creating a wide array of other issues from eviction, foreclosure, or simply not having your lights turn on.

It is so easy to TAKE ONE SIMPLE SMART STEP. Right now, you are not sick. You know the risks of the virus ahead of time.

With a phone or online appointment an affordable Power of Attorney over Finances, the situation becomes manageable.

Now your sister has a list of the bills you need to pay each month, who they are supposed to be paid to, and your bank has given her access to your checking and savings account so she can keep you financially afloat while you are struggling.

Power of Attorney over Medical

The second form is a Power of Attorney over Medical Decisions. You do not have to choose the same person for your medical decisions as you chose for your financial decisions.

Maybe your brother is a CPA and your aunt is a nurse.  Therefore, you trust your brother to be better informed to make financial choices on your behalf, while your aunt knows how to handle your medical care decisions.

A Power of Attorney over Medical is a person who is designated by you, ahead of time, to make the decisions related to your medical care in case you are unable to make them yourself.

If you are incapacitated, do your love ones know how you want to be cared for?

Do they know you’re allergic to penicillin?

Do they have access to your health insurance cards?

Do they know who your health insurance agent is? 

Do they know what prescriptions you take?

Who is your Doctor talking to?

How is your family going to get information on your medical condition?

These decisions all can fall onto someone you have appointed because you know they will do everything in your power to keep you safe, healthy, and back to your normal self in no time.

Again, let’s apply this power practically:

Medical POA Case Profile:

You come down with COVID-19. You were relying on your spouse to tell the doctor what you needed, but your spouse is caring for your children, is overwhelmed, and may have contracted the virus too.

You do not want your elderly parents involved because you want them to stay home and not come into a hospital right now in fear that they may get infected.

However, your best friend for seven years is a respiratory therapist, and you know she will be a pro at making any medical decisions necessary. You spoke to her ahead of time about your concerns, she knows what your health goals are, and more importantly, she knows how to get you back on your feet.

But she is not related to you. So, your doctor will not give her any information about your healthcare, your health status, and refuses to let her advocate on your behalf.

It is so easy to TAKE ONE SIMPLE SMART STEP.  You plan for this ahead of time. You create a Power of Attorney over Medical so that a trusted individual can these decisions for you.

You can assign your spouse to be in the primary role, but because your spouse isn’t feeling well and is overwhelmed, you can have the role fall to your secondary person, your best friend.

Now, because you are a smart planner, this is taken care of ahead of time and you have a well-functioning plan in place.

Planning for the Pandemic

Preparing is more than just washing your hands. It’s making sure that everyone you love is taken care of.

Create a well thought out plan ahead of time rather than burdening those closest to you after an issue arises. We know that this virus can easily spread to everyone in a single household, so planning secondary backup people to help make decisions for you is essential.

For help in creating your Utah Power of Attorney documents, contact us or schedule a remote consultation through our calendar.

We welcome any questions or comments.

Prepare Your COVID-19 Coronavirus Co-Parenting Plan Before It’s Too Late

Prepare Your COVID-19 Coronavirus Co-Parenting Plan Before It’s Too Late

Updated 3/16/20

Much has changed since this article was published.  Utah school schools have closed for several weeks. Events are being canceled and business are temporarily shutting down.

Updates can be found on the Utah Coronavirus Task Force twitter account as well as KUTV’s list of cancellations and closures affecting Utah residents.

If you have not yet created your COVID-19 Co-Parenting plan, we urge you work on one as soon as possible. 

Parents I talk to right now are afraid of the COVID-19 Coronavirus and what it might mean to their children and their already fragile co-parenting relationships.

A proper plan keeps your family safe by minimizing unexpected situations. It helps reduce exposure by enabling everyone to take quick action without wasting time on deliberations or arguments.

Dealing with the effects of COVID-19 such as financial hardship, shortages caused by panic buying, and travel restrictions are already stressful.  Coming up with a co-parenting plan to address the uncertainty might seem overwhelming, but it can be simplified if you focus on these 3 important issues.

Three Issues To Plan For

  1. Decision Making & Legal Custody
  2. Parent Time
  3.  Child Support & Medical Expenses 

In order to talk about this, I have set out below a Case Profile. This is just one possible, or even perhaps very likely scenario. There are endless variations on this set of facts. The COVID-19 virus may affect many families in many different ways. When the family is TWO families in two separate households, things are bound to lead to arguments. 

Case Profile

Mom has primary custody of three children with Dad having extensive parent-time of approximately 40% of the overnights in the course of a year: 1/2 of the holidays, 1/2 of the summer, school year weekends from Friday after school to Monday morning drop-off at school and a weekly overnight on Tuesdays. Mom and Dad share joint legal custody, which is joint decision-making on significant matters that effect the children. They are supposed to attend mediation if they cannot agree.

Mom is remarried and has two children with her new husband. Dad is remarried as well. Both parents work.

One of Mom’s children with her new husband came home from school and has tested positive for COVID-19, the current novel coronavirus. Mom and her husband do not have health insurance for their children and therefore are not inclined to send the infected child to the hospital if they can help it.

Dad’s new wife works in a hospital and is currently waiting for her results from a COVID-19 test. Even if not sick now, she is working in a COVID-19 unit. Dad’s company has shut down for the next two months because of the impact of the coronavirus, putting all of the employees on furlough without pay. Dad does not have the option to work at home.

Dad wants all three of his children out of Mom’s house NOW and to stay with him (without parent-time for Mom) until everyone in Mom’s house tests negative for the virus twice. Because he and his wife work during the day, Dad plans to send the children to school without quarantining them for two weeks at his house even though they have clearly been in contact with their half-sibling who is infected. Mom does not agree that she should be unable to see her children for what could be several weeks or months. Dad tells Mom that he is unable to pay child support for the two months that he is furloughed and that Mom will have to cover any out-of-pocket medical expenses for their children if they do fall sick.

Mom wants to go to mediation to discuss but Dad is unwilling to go. He is afraid that Mom carries the virus and will make him sick.

Legal Custody and Decision Making Power

The parents share legal custody in this case. They are supposed to make decisions together and mediate if they cannot do so.

Firstly, there are mediators available (like myself) who will do mediations using digital platforms that do not require that anyone come in contact with anyone else. So these parents should immediately schedule a mediation with someone who offers e-mediations.

Secondly, there are some immediate problems that cannot wait for mediation. Should Dad immediately be given temporary custody of the three children? Should those children be quarantined or be permitted to go back to school the next day and risk spreading the coronavirus to others? Who gets to decide the answer to these questions?

We recommend that you and your ex come up with a plan NOW, in advance of any actual emergency. Work together yourselves or attend mediation NOW in anticipation of a problem. It will be worth the hour or two that it may take.

YOU CAN USE THIS CASE PROFILE to talk to the other parent and explore a plan. It is unwise to wait until something happens and have to deal with the situation in a panic.

For example, get on the same page about quarantining children if someone in either family is infected with COVID-19. Have a plan for who will care for the children if they must be home from school.

In this case profile, Dad’s wife is working with infected patients. As soon as she was assigned to that work, these parents could have met to talk about the issues and what that means for both families. When your children go back and forth between two households, illness like the coronavirus affects both households. It is not advisable to take the position that it is not the other parent’s business what happens in your home. While that is usually true, in this unusual situation, it IS the other parents business because of your mutual children and the risk of spreading infection.

If you cannot get on the same page, attend mediation with a court-rostered mediator. He or she can help you write up a plan.

Custody and Parent-Time

If one of the parents is infected with the coronavirus or one of the parties’ mutual children, does parent-time still happen? How?

Be Reasonable

Realize that this is an emergency situation. Whatever you agree to do during the COVID-19 outbreak is not permanently changing your custody and parent-time orders. 

You may have to forfeit some parent-time in order to keep your children safe. You may have to temporarily let the other parent be custodial parent and you have little or no parent-time.

Arrange virtual time using a digital platform.  You can video chat, or play games like chess or Minecraft online.

Remember, the situation is not permanent.

Your court orders still rule the day but that might not be what is best for your families. 

Put It In Writing

Whatever agreement you make, put it in writing and make sure to include language that says when the temporary written agreement will end.

Such as, “this agreement will end when no one test positive for COVID-19 in either household” or “this agreement ends when we all return to work and school” or whatever the case may be.

 

Child Support and Out-of-Pocket Medical Expenses

If one parent’s income is impacted because of the coronavirus, does that mean child support changes?

No, but possibly. Let me explain.

The flat answer is no. Temporary changes in income are not grounds to modify child support.

However, if a parent has the children unexpectedly for a different number of overnights than usual, it may reduce child support. This only applies when the parties are not already on the joint custody child support worksheet.

Parents whose child support was calculated using the joint custody child support worksheet (such as those in our case profile) will not be permitted a temporary change of child support. But if a parent’s child support amount was calculated using the sole custody worksheet, Utah Code Annotated section 78B-12-216 states:

“The base child support award shall be (a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or (b) 25% for each child for time periods during which the child is with the noncustodial parent by order of the court, or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.”

This does not apply for regular or holiday parent-time.

And regardless of the situation, Utah Code provides that both parties pay 1/2 of out-of-pocket medical costs for the children unless your Court Orders specifically say otherwise.

While Mom, in our case profile above, might agree to allow Dad to delay his payment for those bills for now, that would be totally up to her. If she agrees, make sure it is in writing.

We welcome any and all questions.  Feel free to leave a comment below, or contact us.

UPDATED FOR 2019 Standard Minimum Parent-Time: Utah Code 30-3-35 and 30-3-35.1

UPDATED FOR 2019 Standard Minimum Parent-Time: Utah Code 30-3-35 and 30-3-35.1

2019 update: 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. Don’t forget that a few years ago, the court added the optional provision of 30-3-35.1. Be sure you’re looking at the right one when reviewing the code. Go to your Decree or order to know which one you are following. Thanks for stopping by! Let me know your questions, I’m happy to help if I can!

Effective 5/14/2019
30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
(1) The parent-time schedule in this section applies to children 5 to 18 years of age.
(2) 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.
(a)
(i)
(A) One weekday evening to be specified by the noncustodial parent or the court, or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
(B) at the election of the noncustodial parent, one weekday from the time the child’s school is regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection (2)(a)(i); or
(C) 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 the application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
(ii) Once the election of the weekday for the weekday evening parent-time is made, it may not be changed except by mutual written agreement or court order.
(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).
(ii) 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.
(iii) An election should be made by the noncustodial parent at the time of 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.
(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 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.
(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) 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.
(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;
(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) subject to Subsection (2)(i), spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the evening 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) Veterans 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, the noncustodial parent 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) 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.
(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.
(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.
(o) Telephone contact shall be at reasonable hours and for a reasonable duration.
(p) Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:
(i) the best interests of the child;
(ii) each parent’s ability to handle any additional expenses for virtual parent-time; and
(iii) any other factors the court considers material.
(3) 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.
(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi).

Effective 5/14/2019
30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
(1) The optional parent-time schedule in this section applies to a child 5 to 18 years of age. This schedule is 145 overnights. Any impact on child support shall be consistent with Subsection 78B-12-102(15).
(2) The parents and the court may consider the following increased parent-time schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the following:
(a) the noncustodial parent has been actively involved in the child’s life;
(b) the parties are able to communicate effectively regarding the child, or the noncustodial parent has a plan to accomplish effective communications regarding the child;
(c) the noncustodial parent has the ability to facilitate the increased parent-time;
(d) the increased parent-time would be in the best interest of the child; and
(e) any other factor the court considers relevant.
(3) In determining whether a noncustodial parent has been actively involved in the child’s life, the court shall consider:
(a) demonstrated responsibility in caring for the child;
(b) involvement in child care;
(c) presence or volunteer efforts in the child’s school and at extracurricular activities;
(d) assistance with the child’s homework;
(e) involvement in preparation of meals, bath time, and bedtime for the child;
(f) bonding with the child; and
(g) any other factor the court considers relevant.
(4) In determining whether a noncustodial parent has the ability to facilitate the increased parent-time, the court shall consider:
(a) the geographic distance between the residences of the parents and the distance between the parents’ residences and the child’s school;
(b) the noncustodial parent’s ability to assist with after school care;
(c) the health of the child and the noncustodial parent, consistent with Subsection 30-3-10(6);
(d) flexibility of employment or other schedule of the parent;
(e) ability to provide appropriate playtime with the child;
(f) history and ability of the parent to implement a flexible schedule for the child;
(g) physical facilities of the noncustodial parent’s residence; and
(h) any other factor the court considers relevant.
(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.
(8) Weekends include any “snow” days, teacher development days, or other days when school is not scheduled and that are contiguous to the weekend period.
(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.
(11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended beyond the hours designated in Subsection 30-3-35(2)(g)(vi).
(12) If there is a child aged 5 to 18 and a child under the age of five who are the natural or adopted children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule pursuant to this section.

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Power of Attorney & Coronavirus: Essential Documents For You & Your Family

Power of Attorney & Coronavirus: Essential Documents For You & Your Family

“What should I do if someone in my family is infected with COVID-19?” This is the question we are getting from clients.

An important, inexpensive step you can take is to have Power of Attorneys. There’s a common misconception that a Power of Attorney (POA) is only necessary if you have a large estate, but assigning POA early allows for prompt solutions.

What is a “Power of Attorney?”

A Power of Attorney can cover anything from “who makes decisions for me if I am medically unable to make them for myself?” to “what happens to my bills if I am hospitalized?” and they answer an array of other questions.

Right now, one of the most powerful tools in your planning-for-COVID-arsenal is the ability to form a Power of Attorney ahead of time. There are two (2) forms of a Power of Attorney. The first is a Power of Attorney over your Finances, the second is a Power of Attorney over your medical decisions. (We will deal with Health Care Directives in another blog post.)

Power of Attorney over Finances

If you become ill or are unable to make decisions for yourself, who should make financial decisions for you?

Who do you feel comfortable in assigning this responsibility?

How will your rent or mortgage get paid?

Does someone have access to your bank account?

Do you have emergency funds in place to hold your finances over?

Is someone able to access the funds that you saved?

The answer is to delegate someone well in advance. You can assign a person- any person you are comfortable with- to have access to your account(s) to make those decisions if you become incapable of carrying on. And it’s a fairly simple process.

Let’s look at a practical way this issue can arise amidst the ongoing crisis:

 

Financial POA Case Profile:
You have $8,000.00 total. $3,000.00 in checking account from your last paycheck, plus what you keep in your savings account for emergency purposes.

You contract COVID-19, have difficulty breathing and have to be hospitalized. During this time, your mortgage still needs to be paid. Your electricity bill still needs to be paid.

There are other people living in your home who financially rely on you to make your payments on time, whether it’s a roommate, a spouse, or a significant other. Regardless, none of these people have access to your $8,000.00 to make the payments while your hospitalized, leaving your bills unpaid, creating a wide array of other issues from eviction, foreclosure, or simply not having your lights turn on.

It is so easy to TAKE ONE SIMPLE SMART STEP. Right now, you are not sick. You know the risks of the virus ahead of time.

With a phone or online appointment an affordable Power of Attorney over Finances, the situation becomes manageable.

Now your sister has a list of the bills you need to pay each month, who they are supposed to be paid to, and your bank has given her access to your checking and savings account so she can keep you financially afloat while you are struggling.

Power of Attorney over Medical

The second form is a Power of Attorney over Medical Decisions. You do not have to choose the same person for your medical decisions as you chose for your financial decisions.

Maybe your brother is a CPA and your aunt is a nurse.  Therefore, you trust your brother to be better informed to make financial choices on your behalf, while your aunt knows how to handle your medical care decisions.

A Power of Attorney over Medical is a person who is designated by you, ahead of time, to make the decisions related to your medical care in case you are unable to make them yourself.

If you are incapacitated, do your love ones know how you want to be cared for?

Do they know you’re allergic to penicillin?

Do they have access to your health insurance cards?

Do they know who your health insurance agent is? 

Do they know what prescriptions you take?

Who is your Doctor talking to?

How is your family going to get information on your medical condition?

These decisions all can fall onto someone you have appointed because you know they will do everything in your power to keep you safe, healthy, and back to your normal self in no time.

Again, let’s apply this power practically:

Medical POA Case Profile:

You come down with COVID-19. You were relying on your spouse to tell the doctor what you needed, but your spouse is caring for your children, is overwhelmed, and may have contracted the virus too.

You do not want your elderly parents involved because you want them to stay home and not come into a hospital right now in fear that they may get infected.

However, your best friend for seven years is a respiratory therapist, and you know she will be a pro at making any medical decisions necessary. You spoke to her ahead of time about your concerns, she knows what your health goals are, and more importantly, she knows how to get you back on your feet.

But she is not related to you. So, your doctor will not give her any information about your healthcare, your health status, and refuses to let her advocate on your behalf.

It is so easy to TAKE ONE SIMPLE SMART STEP.  You plan for this ahead of time. You create a Power of Attorney over Medical so that a trusted individual can these decisions for you.

You can assign your spouse to be in the primary role, but because your spouse isn’t feeling well and is overwhelmed, you can have the role fall to your secondary person, your best friend.

Now, because you are a smart planner, this is taken care of ahead of time and you have a well-functioning plan in place.

Planning for the Pandemic

Preparing is more than just washing your hands. It’s making sure that everyone you love is taken care of.

Create a well thought out plan ahead of time rather than burdening those closest to you after an issue arises. We know that this virus can easily spread to everyone in a single household, so planning secondary backup people to help make decisions for you is essential.

For help in creating your Utah Power of Attorney documents, contact us or schedule a remote consultation through our calendar.

We welcome any questions or comments.

Prepare Your COVID-19 Coronavirus Co-Parenting Plan Before It’s Too Late

Prepare Your COVID-19 Coronavirus Co-Parenting Plan Before It’s Too Late

Updated 3/16/20

Much has changed since this article was published.  Utah school schools have closed for several weeks. Events are being canceled and business are temporarily shutting down.

Updates can be found on the Utah Coronavirus Task Force twitter account as well as KUTV’s list of cancellations and closures affecting Utah residents.

If you have not yet created your COVID-19 Co-Parenting plan, we urge you work on one as soon as possible. 

Parents I talk to right now are afraid of the COVID-19 Coronavirus and what it might mean to their children and their already fragile co-parenting relationships.

A proper plan keeps your family safe by minimizing unexpected situations. It helps reduce exposure by enabling everyone to take quick action without wasting time on deliberations or arguments.

Dealing with the effects of COVID-19 such as financial hardship, shortages caused by panic buying, and travel restrictions are already stressful.  Coming up with a co-parenting plan to address the uncertainty might seem overwhelming, but it can be simplified if you focus on these 3 important issues.

Three Issues To Plan For

  1. Decision Making & Legal Custody
  2. Parent Time
  3.  Child Support & Medical Expenses 

In order to talk about this, I have set out below a Case Profile. This is just one possible, or even perhaps very likely scenario. There are endless variations on this set of facts. The COVID-19 virus may affect many families in many different ways. When the family is TWO families in two separate households, things are bound to lead to arguments. 

Case Profile

Mom has primary custody of three children with Dad having extensive parent-time of approximately 40% of the overnights in the course of a year: 1/2 of the holidays, 1/2 of the summer, school year weekends from Friday after school to Monday morning drop-off at school and a weekly overnight on Tuesdays. Mom and Dad share joint legal custody, which is joint decision-making on significant matters that effect the children. They are supposed to attend mediation if they cannot agree.

Mom is remarried and has two children with her new husband. Dad is remarried as well. Both parents work.

One of Mom’s children with her new husband came home from school and has tested positive for COVID-19, the current novel coronavirus. Mom and her husband do not have health insurance for their children and therefore are not inclined to send the infected child to the hospital if they can help it.

Dad’s new wife works in a hospital and is currently waiting for her results from a COVID-19 test. Even if not sick now, she is working in a COVID-19 unit. Dad’s company has shut down for the next two months because of the impact of the coronavirus, putting all of the employees on furlough without pay. Dad does not have the option to work at home.

Dad wants all three of his children out of Mom’s house NOW and to stay with him (without parent-time for Mom) until everyone in Mom’s house tests negative for the virus twice. Because he and his wife work during the day, Dad plans to send the children to school without quarantining them for two weeks at his house even though they have clearly been in contact with their half-sibling who is infected. Mom does not agree that she should be unable to see her children for what could be several weeks or months. Dad tells Mom that he is unable to pay child support for the two months that he is furloughed and that Mom will have to cover any out-of-pocket medical expenses for their children if they do fall sick.

Mom wants to go to mediation to discuss but Dad is unwilling to go. He is afraid that Mom carries the virus and will make him sick.

Legal Custody and Decision Making Power

The parents share legal custody in this case. They are supposed to make decisions together and mediate if they cannot do so.

Firstly, there are mediators available (like myself) who will do mediations using digital platforms that do not require that anyone come in contact with anyone else. So these parents should immediately schedule a mediation with someone who offers e-mediations.

Secondly, there are some immediate problems that cannot wait for mediation. Should Dad immediately be given temporary custody of the three children? Should those children be quarantined or be permitted to go back to school the next day and risk spreading the coronavirus to others? Who gets to decide the answer to these questions?

We recommend that you and your ex come up with a plan NOW, in advance of any actual emergency. Work together yourselves or attend mediation NOW in anticipation of a problem. It will be worth the hour or two that it may take.

YOU CAN USE THIS CASE PROFILE to talk to the other parent and explore a plan. It is unwise to wait until something happens and have to deal with the situation in a panic.

For example, get on the same page about quarantining children if someone in either family is infected with COVID-19. Have a plan for who will care for the children if they must be home from school.

In this case profile, Dad’s wife is working with infected patients. As soon as she was assigned to that work, these parents could have met to talk about the issues and what that means for both families. When your children go back and forth between two households, illness like the coronavirus affects both households. It is not advisable to take the position that it is not the other parent’s business what happens in your home. While that is usually true, in this unusual situation, it IS the other parents business because of your mutual children and the risk of spreading infection.

If you cannot get on the same page, attend mediation with a court-rostered mediator. He or she can help you write up a plan.

Custody and Parent-Time

If one of the parents is infected with the coronavirus or one of the parties’ mutual children, does parent-time still happen? How?

Be Reasonable

Realize that this is an emergency situation. Whatever you agree to do during the COVID-19 outbreak is not permanently changing your custody and parent-time orders. 

You may have to forfeit some parent-time in order to keep your children safe. You may have to temporarily let the other parent be custodial parent and you have little or no parent-time.

Arrange virtual time using a digital platform.  You can video chat, or play games like chess or Minecraft online.

Remember, the situation is not permanent.

Your court orders still rule the day but that might not be what is best for your families. 

Put It In Writing

Whatever agreement you make, put it in writing and make sure to include language that says when the temporary written agreement will end.

Such as, “this agreement will end when no one test positive for COVID-19 in either household” or “this agreement ends when we all return to work and school” or whatever the case may be.

 

Child Support and Out-of-Pocket Medical Expenses

If one parent’s income is impacted because of the coronavirus, does that mean child support changes?

No, but possibly. Let me explain.

The flat answer is no. Temporary changes in income are not grounds to modify child support.

However, if a parent has the children unexpectedly for a different number of overnights than usual, it may reduce child support. This only applies when the parties are not already on the joint custody child support worksheet.

Parents whose child support was calculated using the joint custody child support worksheet (such as those in our case profile) will not be permitted a temporary change of child support. But if a parent’s child support amount was calculated using the sole custody worksheet, Utah Code Annotated section 78B-12-216 states:

“The base child support award shall be (a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or (b) 25% for each child for time periods during which the child is with the noncustodial parent by order of the court, or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.”

This does not apply for regular or holiday parent-time.

And regardless of the situation, Utah Code provides that both parties pay 1/2 of out-of-pocket medical costs for the children unless your Court Orders specifically say otherwise.

While Mom, in our case profile above, might agree to allow Dad to delay his payment for those bills for now, that would be totally up to her. If she agrees, make sure it is in writing.

We welcome any and all questions.  Feel free to leave a comment below, or contact us.

UPDATED FOR 2019 Standard Minimum Parent-Time: Utah Code 30-3-35 and 30-3-35.1

UPDATED FOR 2019 Standard Minimum Parent-Time: Utah Code 30-3-35 and 30-3-35.1

2019 update: 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. Don’t forget that a few years ago, the court added the optional provision of 30-3-35.1. Be sure you’re looking at the right one when reviewing the code. Go to your Decree or order to know which one you are following. Thanks for stopping by! Let me know your questions, I’m happy to help if I can!

Effective 5/14/2019
30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
(1) The parent-time schedule in this section applies to children 5 to 18 years of age.
(2) 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.
(a)
(i)
(A) One weekday evening to be specified by the noncustodial parent or the court, or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
(B) at the election of the noncustodial parent, one weekday from the time the child’s school is regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection (2)(a)(i); or
(C) 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 the application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
(ii) Once the election of the weekday for the weekday evening parent-time is made, it may not be changed except by mutual written agreement or court order.
(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).
(ii) 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.
(iii) An election should be made by the noncustodial parent at the time of 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.
(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 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.
(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) 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.
(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;
(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) subject to Subsection (2)(i), spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the evening 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) Veterans 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, the noncustodial parent 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) 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.
(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.
(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.
(o) Telephone contact shall be at reasonable hours and for a reasonable duration.
(p) Virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:
(i) the best interests of the child;
(ii) each parent’s ability to handle any additional expenses for virtual parent-time; and
(iii) any other factors the court considers material.
(3) 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.
(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi).

Effective 5/14/2019
30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
(1) The optional parent-time schedule in this section applies to a child 5 to 18 years of age. This schedule is 145 overnights. Any impact on child support shall be consistent with Subsection 78B-12-102(15).
(2) The parents and the court may consider the following increased parent-time schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the following:
(a) the noncustodial parent has been actively involved in the child’s life;
(b) the parties are able to communicate effectively regarding the child, or the noncustodial parent has a plan to accomplish effective communications regarding the child;
(c) the noncustodial parent has the ability to facilitate the increased parent-time;
(d) the increased parent-time would be in the best interest of the child; and
(e) any other factor the court considers relevant.
(3) In determining whether a noncustodial parent has been actively involved in the child’s life, the court shall consider:
(a) demonstrated responsibility in caring for the child;
(b) involvement in child care;
(c) presence or volunteer efforts in the child’s school and at extracurricular activities;
(d) assistance with the child’s homework;
(e) involvement in preparation of meals, bath time, and bedtime for the child;
(f) bonding with the child; and
(g) any other factor the court considers relevant.
(4) In determining whether a noncustodial parent has the ability to facilitate the increased parent-time, the court shall consider:
(a) the geographic distance between the residences of the parents and the distance between the parents’ residences and the child’s school;
(b) the noncustodial parent’s ability to assist with after school care;
(c) the health of the child and the noncustodial parent, consistent with Subsection 30-3-10(6);
(d) flexibility of employment or other schedule of the parent;
(e) ability to provide appropriate playtime with the child;
(f) history and ability of the parent to implement a flexible schedule for the child;
(g) physical facilities of the noncustodial parent’s residence; and
(h) any other factor the court considers relevant.
(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.
(8) Weekends include any “snow” days, teacher development days, or other days when school is not scheduled and that are contiguous to the weekend period.
(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.
(11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended beyond the hours designated in Subsection 30-3-35(2)(g)(vi).
(12) If there is a child aged 5 to 18 and a child under the age of five who are the natural or adopted children of the parties, the parents and the court should consider an upward deviation for parent-time with all the minor children so that parent-time is uniform based on a schedule pursuant to this section.

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