The Utah Code for Standard Minimum Parent-time is found at Utah Code Annotated 30-3-35 (and 30-3-35.3 if your children are less than 5 years old). Utah Code Annotated 30-3-35 is constantly updated by the Legislature. Below is how it reads as of 2014. Notably, the code as it read at the time of your court order, is the version of the code that the court will enforce but many decrees fail to attach the version at the time of the order and therefore the parties and/or court default to the current version of the code.
Utah Code 30-3-35 is the code provision provides the basic parent-time schedule for the regular rotation of parent-time, holidays, snow days, and many other divisions of time and duties between parents, including the ability for third parties to provide transportation for parent-time. If you are subject to this provision by agreement or court order, it is well worth reading carefully or even coming into our office for an inexpensive consultation to have the code interpreted to apply to your particular circumstances.
PARENT-TIME SCHEDULE AMENDMENTS
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2015 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: V. Lowry Snow
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Senate Sponsor: Lyle W. Hillyard
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7 LONG TITLE
8 General Description:
9 This bill creates an optional parent-time schedule.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates an optional parent-time schedule of 145 overnights;
13 ▸ sets holiday schedules; and
14 ▸ provides for specific elections by the noncustodial parent.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 30-3-34, as last amended by Laws of Utah 2008, Chapter 146
22 ENACTS:
23 30-3-35.1, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 30-3-34 is amended to read:
27 30-3-34. Best interests — Rebuttable presumption.
28 (1) If the parties are unable to agree on a parent-time schedule, the court may establish
29 a parent-time schedule consistent with the best interests of the child.
30 (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
31 schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best
32 interests of the child unless the court determines that Section 30-3-35.1 should apply. The
33 parent-time schedule shall be considered the minimum parent-time to which the noncustodial
34 parent and the child shall be entitled unless a parent can establish otherwise by a preponderance
35 of the evidence that more or less parent-time should be awarded based upon any of the
36 following criteria:
37 (a) parent-time would endanger the child’s physical health or significantly impair the
38 child’s emotional development;
39 (b) the distance between the residency of the child and the noncustodial parent;
40 (c) a substantiated or unfounded allegation of child abuse has been made;
41 (d) the lack of demonstrated parenting skills without safeguards to ensure the child’s
42 well-being during parent-time;
43 (e) the financial inability of the noncustodial parent to provide adequate food and
44 shelter for the child during periods of parent-time;
45 (f) the preference of the child if the court determines the child to be of sufficient
46 maturity;
47 (g) the incarceration of the noncustodial parent in a county jail, secure youth
48 corrections facility, or an adult corrections facility;
49 (h) shared interests between the child and the noncustodial parent;
50 (i) the involvement or lack of involvement of the noncustodial parent in the school,
51 community, religious, or other related activities of the child;
52 (j) the availability of the noncustodial parent to care for the child when the custodial
53 parent is unavailable to do so because of work or other circumstances;
54 (k) a substantial and chronic pattern of missing, canceling, or denying regularly
55 scheduled parent-time;
56 (l) the minimal duration of and lack of significant bonding in the parents’ relationship
57 prior to the conception of the child;
58 (m) the parent-time schedule of siblings;
59 (n) the lack of reasonable alternatives to the needs of a nursing child; and
60 (o) any other criteria the court determines relevant to the best interests of the child.
61 (3) The court shall enter the reasons underlying its order for parent-time that:
62 (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
63 (b) provides more or less parent-time than a parent-time schedule provided in Section
64 30-3-35 or 30-3-35.5.
65 (4) Once the parent-time schedule has been established, the parties may not alter the
66 schedule except by mutual consent of the parties or a court order.
67 Section 2. Section 30-3-35.1 is enacted to read:
68 30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
69 (1) The optional parent-time schedule in this section applies to children 5 to 18 years of
70 age. This schedule is 145 overnights. Any impact on child support shall be consistent with
71 Subsection 78B-12-102(14).
72 (2) The parents and the court may consider the following increased parent-time
73 schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the
74 following:
75 (a) the noncustodial parent has been actively involved in the child’s life;
76 (b) the parties are able to communicate effectively regarding the child, or the
77 noncustodial parent has a plan to accomplish effective communications regarding the child;
78 (c) the noncustodial parent has the ability to facilitate the increased parent-time;
79 (d) the increased parent-time would be in the best interest of the child; and
80 (e) any other factor the court considers relevant.
81 (3) In determining whether a noncustodial parent has been actively involved in the
82 child’s life, the court shall consider:
83 (a) demonstrated responsibility in caring for the child;
84 (b) involvement in day care;
85 (c) presence or volunteer efforts in the child’s school and at extracurricular activities;
86 (d) assistance with the child’s homework;
87 (e) involvement in preparation of meals, bath time, and bedtime for the child;
88 (f) bonding with the child; and
89 (g) any other factor the court considers relevant.
90 (4) In determining whether a noncustodial parent has the ability to facilitate the
91 increased parent-time, the court shall consider:
92 (a) the geographic distance between the residences of the parents and the distance
93 between the parents’ residences and the child’s school;
94 (b) the noncustodial parent’s ability to assist with after school care;
95 (c) the health of the child and the noncustodial parent, consistent with Subsection
96 30-3-10(4);
97 (d) flexibility of employment or other schedule of the parent;
98 (e) ability to provide appropriate playtime with the child;
99 (f) history and ability of the parent to implement a flexible schedule for the child;
100 (g) physical facilities of the noncustodial parent’s residence; and
101 (h) any other factor the court considers relevant.
102 (5) Any elections required to be made in accordance with this section by either parent
103 concerning parent-time shall be made a part of the decree and made a part of the parent-time
104 order. Elections may only be changed by mutual agreement, court order, or by the noncustodial
105 parent in the event of a change in the child’s schedule.
106 (6) If the parties agree or the court enters an order for the optional parent-time schedule
107 as set forth in this section, a parenting plan in compliance with Sections 30-1-10.7 through
108 30-3-10.10 shall be filed with any order incorporating the following optional parent-time
109 schedule:
110 (a) The noncustodial parent or the court may specify one weekday for parent-time. If
111 no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the
112 following day when delivering the child to school, or until 8 a.m., if there is no school the
113 following day. Once the election of the weekday is made, it may only be changed in
114 accordance with Subsection (5). At the election of the noncustodial parent, weekday
115 parent-time may commence:
116 (i) from the time the child’s school is regularly dismissed; or
117 (ii) if school is not in session, and the parent is available to be with the child, at
118 approximately 8 a.m., accommodating the custodial parent’s work schedule.
119 (b) Beginning on the first weekend after the entry of the decree, the noncustodial parent
120 shall be entitled to alternating weekends beginning on the first weekend after the entry of the
121 decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m.
122 if there is no school on Monday. At the election of the noncustodial parent, weekend
123 parent-time may commence:
124 (i) from the time the child’s school is regularly dismissed on Friday; or
125 (ii) if school is not in session, and the parent is available to be with the child, at
126 approximately 8 a.m. on Friday, accommodating the custodial parent’s work schedule.
127 (c) The provisions of Subsections 30-3-35(2)(f) through (o) shall be incorporated here
128 and constitute the parent-time schedule with the exception that all instances that require the
129 noncustodial parent to return the child at any time after 6 p.m. be changed so that the
130 noncustodial parent is required to return the child to school the next morning or at 8 a.m., if
131 there is no school.
132 (7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
133 parent may pick up the child if the custodial parent is aware of the identity of the individual,
134 and if the noncustodial parent will be with the child by 7 p.m.
135 (8) Weekends include any “snow” days, teacher development days, or other days when
136 school is not scheduled and that are contiguous to the weekend period.
137 (9) Holidays include any “snow” days, teacher development days after the child begins
138 the school year, or other days when school is not scheduled, contiguous to the holiday period,
139 and take precedence over weekend parent-time. Changes may not be made to the regular
140 rotation of the alternating weekend parent-time schedule.
141 (a) If a holiday falls on a school day, the noncustodial parent shall be responsible for
142 the child’s attendance at school for that school day.
143 (b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
144 period extends beyond that time so that the child is free from school and the parent is free from
145 work, the noncustodial parent shall be entitled to this lengthier holiday period.
146 (c) At the election of the noncustodial parent, parent-time over a scheduled holiday
147 weekend may begin from the time the child’s school is dismissed at the beginning of the
148 holiday weekend or, if school is not in session, and if the noncustodial parent is available to be
149 with the child, parent-time over a scheduled holiday weekend may begin at approximately 8
150 a.m., accommodating the custodial parent’s work schedule, unless the court directs the
151 application of Subsection (6)(a).
152 (10) Birthdays take precedence over holidays and extended parent-time, except
153 Mother’s Day and Father’s Day. Birthdays do not take precedence over uninterrupted
154 parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted
155 extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken
156 along for birthdays.
157 (11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended
158 beyond the hours designated in Subsection 30-3-35(2)(g)(vi).
159 (12) If there are children aged 5 to 18 and children under the age of five who are the
160 natural or adopted children of the parties, the parents and the court should consider an upward
161 deviation for parent-time with all the minor children so that parent-time is uniform based on a
162 schedule pursuant to this section.
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Language prior to May 2015 was: (left here because some older comments are referring to this older code)
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) Elections 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, 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.
(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.
(n) Telephone contact shall be at reasonable hours and for a reasonable duration.
(o) 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) Any elections 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).
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The Language in 2010 was: (it is being left here because some of the comments on the code reference this older version)
(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) Elections 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, 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.
(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.
(n) Telephone contact shall be at reasonable hours and for a reasonable duration.
(o) 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) Any elections 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).
I know they just changed minimum parent time from 70-30 to 60-40 can u tell me how many days that equates too??
This is the entire bill that went into effect May 12, 2015. Notably, it does NOT change the mandatory minimum parent-time. It does NOT create a new default. It provides criteria for the court to consider so that a parent who wishes to have more time knows what arguments that parent can make to support more time and the other side can make to say that standard minimum is adequate. Primarily the new statute suggest that the court consider making the mid-week parent-time into an overnight, when prior to now it has only been for a few hours. But this additional overnight is not the default automatically. In some cases, after holidays, school schedules, summer vacation time and other extended parent-time, and other parent-time as a whole has been calculated, this additional overnight each week can result in a parent-time schedule that looks like approximately 60% of the overnights in one year to one parent, and approximately 40% of overnights in the year to the other parent. But, the best way to calculate actual overnights is to take your children’s school calendar over a 2 year period, put holiday division on that calendar first because it usually trumps other time, then likely extended parent-time, then the normal weekend rotation, and lastly see how many additional nights would be added by having a mid-week be an overnight. Please read below- there are lots of changes and details that are worth noting!
PARENT-TIME SCHEDULE AMENDMENTS
2
2015 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: V. Lowry Snow
5
Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill creates an optional parent-time schedule.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates an optional parent-time schedule of 145 overnights;
13 ▸ sets holiday schedules; and
14 ▸ provides for specific elections by the noncustodial parent.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 30-3-34, as last amended by Laws of Utah 2008, Chapter 146
22 ENACTS:
23 30-3-35.1, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 30-3-34 is amended to read:
27 30-3-34. Best interests — Rebuttable presumption.
28 (1) If the parties are unable to agree on a parent-time schedule, the court may establish
29 a parent-time schedule consistent with the best interests of the child.
30 (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
31 schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best
32 interests of the child unless the court determines that Section 30-3-35.1 should apply. The
33 parent-time schedule shall be considered the minimum parent-time to which the noncustodial
34 parent and the child shall be entitled unless a parent can establish otherwise by a preponderance
35 of the evidence that more or less parent-time should be awarded based upon any of the
36 following criteria:
37 (a) parent-time would endanger the child’s physical health or significantly impair the
38 child’s emotional development;
39 (b) the distance between the residency of the child and the noncustodial parent;
40 (c) a substantiated or unfounded allegation of child abuse has been made;
41 (d) the lack of demonstrated parenting skills without safeguards to ensure the child’s
42 well-being during parent-time;
43 (e) the financial inability of the noncustodial parent to provide adequate food and
44 shelter for the child during periods of parent-time;
45 (f) the preference of the child if the court determines the child to be of sufficient
46 maturity;
47 (g) the incarceration of the noncustodial parent in a county jail, secure youth
48 corrections facility, or an adult corrections facility;
49 (h) shared interests between the child and the noncustodial parent;
50 (i) the involvement or lack of involvement of the noncustodial parent in the school,
51 community, religious, or other related activities of the child;
52 (j) the availability of the noncustodial parent to care for the child when the custodial
53 parent is unavailable to do so because of work or other circumstances;
54 (k) a substantial and chronic pattern of missing, canceling, or denying regularly
55 scheduled parent-time;
56 (l) the minimal duration of and lack of significant bonding in the parents’ relationship
57 prior to the conception of the child;
58 (m) the parent-time schedule of siblings;
59 (n) the lack of reasonable alternatives to the needs of a nursing child; and
60 (o) any other criteria the court determines relevant to the best interests of the child.
61 (3) The court shall enter the reasons underlying its order for parent-time that:
62 (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
63 (b) provides more or less parent-time than a parent-time schedule provided in Section
64 30-3-35 or 30-3-35.5.
65 (4) Once the parent-time schedule has been established, the parties may not alter the
66 schedule except by mutual consent of the parties or a court order.
67 Section 2. Section 30-3-35.1 is enacted to read:
68 30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
69 (1) The optional parent-time schedule in this section applies to children 5 to 18 years of
70 age. This schedule is 145 overnights. Any impact on child support shall be consistent with
71 Subsection 78B-12-102(14).
72 (2) The parents and the court may consider the following increased parent-time
73 schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the
74 following:
75 (a) the noncustodial parent has been actively involved in the child’s life;
76 (b) the parties are able to communicate effectively regarding the child, or the
77 noncustodial parent has a plan to accomplish effective communications regarding the child;
78 (c) the noncustodial parent has the ability to facilitate the increased parent-time;
79 (d) the increased parent-time would be in the best interest of the child; and
80 (e) any other factor the court considers relevant.
81 (3) In determining whether a noncustodial parent has been actively involved in the
82 child’s life, the court shall consider:
83 (a) demonstrated responsibility in caring for the child;
84 (b) involvement in day care;
85 (c) presence or volunteer efforts in the child’s school and at extracurricular activities;
86 (d) assistance with the child’s homework;
87 (e) involvement in preparation of meals, bath time, and bedtime for the child;
88 (f) bonding with the child; and
89 (g) any other factor the court considers relevant.
90 (4) In determining whether a noncustodial parent has the ability to facilitate the
91 increased parent-time, the court shall consider:
92 (a) the geographic distance between the residences of the parents and the distance
93 between the parents’ residences and the child’s school;
94 (b) the noncustodial parent’s ability to assist with after school care;
95 (c) the health of the child and the noncustodial parent, consistent with Subsection
96 30-3-10(4);
97 (d) flexibility of employment or other schedule of the parent;
98 (e) ability to provide appropriate playtime with the child;
99 (f) history and ability of the parent to implement a flexible schedule for the child;
100 (g) physical facilities of the noncustodial parent’s residence; and
101 (h) any other factor the court considers relevant.
102 (5) Any elections required to be made in accordance with this section by either parent
103 concerning parent-time shall be made a part of the decree and made a part of the parent-time
104 order. Elections may only be changed by mutual agreement, court order, or by the noncustodial
105 parent in the event of a change in the child’s schedule.
106 (6) If the parties agree or the court enters an order for the optional parent-time schedule
107 as set forth in this section, a parenting plan in compliance with Sections 30-1-10.7 through
108 30-3-10.10 shall be filed with any order incorporating the following optional parent-time
109 schedule:
110 (a) The noncustodial parent or the court may specify one weekday for parent-time. If
111 no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the
112 following day when delivering the child to school, or until 8 a.m., if there is no school the
113 following day. Once the election of the weekday is made, it may only be changed in
114 accordance with Subsection (5). At the election of the noncustodial parent, weekday
115 parent-time may commence:
116 (i) from the time the child’s school is regularly dismissed; or
117 (ii) if school is not in session, and the parent is available to be with the child, at
118 approximately 8 a.m., accommodating the custodial parent’s work schedule.
119 (b) Beginning on the first weekend after the entry of the decree, the noncustodial parent
120 shall be entitled to alternating weekends beginning on the first weekend after the entry of the
121 decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m.
122 if there is no school on Monday. At the election of the noncustodial parent, weekend
123 parent-time may commence:
124 (i) from the time the child’s school is regularly dismissed on Friday; or
125 (ii) if school is not in session, and the parent is available to be with the child, at
126 approximately 8 a.m. on Friday, accommodating the custodial parent’s work schedule.
127 (c) The provisions of Subsections 30-3-35(2)(f) through (o) shall be incorporated here
128 and constitute the parent-time schedule with the exception that all instances that require the
129 noncustodial parent to return the child at any time after 6 p.m. be changed so that the
130 noncustodial parent is required to return the child to school the next morning or at 8 a.m., if
131 there is no school.
132 (7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
133 parent may pick up the child if the custodial parent is aware of the identity of the individual,
134 and if the noncustodial parent will be with the child by 7 p.m.
135 (8) Weekends include any “snow” days, teacher development days, or other days when
136 school is not scheduled and that are contiguous to the weekend period.
137 (9) Holidays include any “snow” days, teacher development days after the child begins
138 the school year, or other days when school is not scheduled, contiguous to the holiday period,
139 and take precedence over weekend parent-time. Changes may not be made to the regular
140 rotation of the alternating weekend parent-time schedule.
141 (a) If a holiday falls on a school day, the noncustodial parent shall be responsible for
142 the child’s attendance at school for that school day.
143 (b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
144 period extends beyond that time so that the child is free from school and the parent is free from
145 work, the noncustodial parent shall be entitled to this lengthier holiday period.
146 (c) At the election of the noncustodial parent, parent-time over a scheduled holiday
147 weekend may begin from the time the child’s school is dismissed at the beginning of the
148 holiday weekend or, if school is not in session, and if the noncustodial parent is available to be
149 with the child, parent-time over a scheduled holiday weekend may begin at approximately 8
150 a.m., accommodating the custodial parent’s work schedule, unless the court directs the
151 application of Subsection (6)(a).
152 (10) Birthdays take precedence over holidays and extended parent-time, except
153 Mother’s Day and Father’s Day. Birthdays do not take precedence over uninterrupted
154 parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted
155 extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken
156 along for birthdays.
157 (11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended
158 beyond the hours designated in Subsection 30-3-35(2)(g)(vi).
159 (12) If there are children aged 5 to 18 and children under the age of five who are the
160 natural or adopted children of the parties, the parents and the court should consider an upward
161 deviation for parent-time with all the minor children so that parent-time is uniform based on a
162 schedule pursuant to this section.
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
We have shared legal and physical custody with my ex wife being the custodial parent. The decree reads that the parent time is based on her “work” schedule. Now my question is this. I have 3 “overnights” each week, what are the time lines for a “overnight”? is it a 24 hr period. Example. I pick up the youngest at 1:30pm on Thursdays, and the older 2 children at 3:30pm on Thursdays after school. They return to their mom at 10am Sunday morning. The ex wife is wanting the children at 7am Sunday morning to accommodate religious schedule change. She doesn’t work on Sundays, I’m not sure what to do here.
I’ve tried to negotiate with her by I take them Wednesday’s and she gets them back Saturday’s and she’ll have them Sunday mornings as she wishes. She’s since rejected that offer, saying that it gives me more time with our kids. Any thoughts or experiences would be greatly appreciated.
Loosely, the courts define overnights as “where the child sleeps.” I don’t know if this is particularly helpful because it leaves a lot of negotiation room around child exchange times. There are strategies for what you are encountering; we see this type of thing very often. But we would need to do a conflict check and read your decree before we could advise you accurately.
I have a one month old daughter. I need to know the laws in Utah of his rights he has. I want full custody and I think I should have it. Because he had talked about how he hates me, and has threatened to kill me, and gore he says he regrets my baby. I need to know if I have to let her go spend the night there and how long he gets with her. He thinks he gets two days then I do we are not married… What do I need to do?
Hello,
I am currently attending medical school and have a almost four year old daughter. Her mother continues to tell my daughter that I am dead and has told me several times over the phone. She also will no longer call me daddy and now calls me by my first name and states I am not her daddy. I am unable to use my standard parenting visits to see her and be part of her life. This is also to me disadvantage being that my daughters mother continues to alienate me from my daughter. I am fairly helpless in this situation and is there anything I can do? I want to try to have family intervene in my parent time while I am away, however I don’t know how to do that. She is also being alienated from all my family and is not permitted to see any of them by choice of my daughters mother. I would really appreciate any advice anyone may have concerning this unfortunate situation.
In a visitation issue, do you go with the current code or when the decree was signed by the judge? The previos one was a lot more shady so do we follow it or the current one?
I just had a quick general question. Are primary custodians entitled to extended holidays. Like this year Veterans Day fell on a Friday but I am the primary custodian so was I entitled to keep my daughter until Sunday or was I only entitled to keep her until Friday at 7 p.m.? Thanks
For my out of state holiday and agreed upon parent time for next year, is there any utah code reference for having my daughters 3/6yrs old that requires me to rent a 2 bedroom house/apt? Can they have a pull-out couch in the living room? The cost difference is substantial for me to have an extra bedroom set aside for them one weekend a month and then over the normal half summer break in 2012…??? Tyvm!
Hello I have a five year old child and we live in another state as her father. I am wondering now that she is five and going to extended Kindergarten is he responsible for 1/2 of her school bill? because of my work schedule she goes to kindergarten all day. The public school charges 210.00 a month for this extended kindergarten. Is he required to pay half of this school bill? He says he does not because it is educational, she also goes to daycare after school. He is suppose to pay for half of that bill as well and he is not. Alos child support is suppose to be transferred into my account from him (not automaticly) on the 15th of every month. He pays me when ever he wants to and he never pays the correct amount. What can I do about this to recover the money he owes for his daughters expesnes? Thanks for your help.
If section “30” applies to divorce how can this code be typed up in legal documentation and signed if there was never a marriage to begin with?
@Elisa: These are good questions and we can answer them. My office will call you to set up a brief consultation. Unfortunately, I cannot answer these types of specific questions without giving “legal advice” specific to your case. The rules of ethics prevent me from doing that on a public site and also without doing a check of our database to make sure that we haven’t provided advice to your “ex.” We’ll be giving you a call and thank you so very much for stopping by our site!
In my Legal Custody papers it says that if either party needs to have child care for a period of 4 or more hours at a time, than that party has to ask the other party if the want to provide that care. Does this apply to extended parent time. My ex spouse wants to take the kids for 2 weeks of uninterrupted parent time. He is planning on working all the weekdays of this period and refuses to allow me to provide daycare for them. He claims I am taking away his rights to extended parent time. Am I? Also If he didn’t give his 30 days notice of his desired extended parent time am I required to just give it to him anyway?
@Evelyn: This is always a big issue and we’ve had judges and commissioners say things as varied as “I can’t make the child go” to “I don’t care if you have to physically force the child into the car.” There is no code reference that we know of.
@Debbie: Yes, as with many things in the code regarding parent-time, there is a lot of room for argument. Notably, subsection (n) is not tied to any particular part of the standard minimum parent time but is a free standing provision.
Good luck to both of you and thank you for reading our blog.
The definition of “uninterrupted parent time” needs to be more clearly defined. My ex-husband will not allow me to talk to my son for his two weeks of “uninterrupted” parent time. My lawyer says that it is just supposed to be for physical contact and that I should be able to talk to him, but I am not finding a clear definition to send to my ex.
Is there a reference in the law text as to what the custodial parent is required to do in order to ensure that a visit takes place with the non custodial parent. I am not talking about making sure that the children are at the pick up place at the time of the pick up, nor trying to hinder any visitation, I am simply wanting to know how much I am required to bribe, coerce, force etc the children to go on the visit. I am not asking for an interpretation of the law only the reference to the law text itself.
@Chris: Thanks for stopping by the blog. I’m glad you found it helpful! There is no specific mention of year-round or all-year school as opposed to the “traditional” school calendar. HOWEVER, judges and counsel are certainly used to dealing with the issue and some interpretations can be made from what the code infers. It is not an exact science though and opinions may differ widely.
I live out of state and so have the relocation clause in my decree, my question relates to summer parent time and who gets to decide when that will take place, the statute seems to give an answer to almost every situation, but leaves out who gets what when and who decides when that will take place. Can you give some clarification on this topic?
I’ve really enjoyed reading this blog and think it is an absolutely great resource for parents – especially those who have never navigated the murky waters of visitation and child support.
Is there an out of state visitation order that addresses what to do if your child is in year-round school? My daughter has been in a standard school year, but we are moving this summer and her new school is on a year-round schedule. I’ve looked, but nothing specifically addresses the out of state guidelines.
@Joshua: Thanks for checking in. Glad we could help!
@Alysa: Unfortunately, the rules of ethics don’t allow us to answer your question directly online. (We cannot apply “law” to “facts” as that is deemed to be giving legal advice.) Our firm would be happy to provide a “consultation” in which we could do a conflict check in advance, etc. However, the ONLY section that applies to under 5 years old children is 30-3-35.5 and so you are correct to look there for your answers. Thanks for reading our blog and give us a call if you would like a more full explanation including legal advice.
Hello,
I have a four year old, and I am having a tough time understanding why we are to go by a Holiday schedule written for school age children. He is in a preschool/daycare, and the only break there is for the 24th and of course the weekend. However, his father has school age step children. He thinks that his step childrens school break should apply to our four year old, which according to him is 17 days long. I have read and re-read sections 30-3-35.5 and 30-3-35(2)(c) through (j). It is unclear to me what to do with my four year old. Any suggestions? I can’t be the only one who finds this very confusing.
Thank you!
Thank you for the update. It is extremely helpful to know the default rules for parent time.