30-3-35 - Minimum schedule for parent-time for children 5 to 18 years of age.
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 beconsidered the minimum parent-time to which the noncustodial parent and the child shall beentitled.
(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'sschool is regularly dismissed until 8:30 p.m., unless the court directs the application ofSubsection (2)(a)(i); or
(C) at the election of the noncustodial parent, if school is not in session, one weekdayfrom 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 applicationof 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, itmay 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 thedecree 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 regularlydismissed 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 fromapproximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. onSunday, if the noncustodial parent is available to be with the child unless the court directs theapplication of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
(ii) A step-parent, grandparent, or other responsible adult designated by the noncustodialparent, may pick up the child if the custodial parent is aware of the identity of the individual, andthe 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 thedivorce decree or court order, and may be changed by mutual agreement, court order, or by thenoncustodial parent in the event of a change in the child's schedule.
(iv) Weekends include any "snow" days, teacher development days, or other days whenschool is not scheduled and which are contiguous to the weekend period.
(c) Holidays include any "snow" days, teacher development days after the children beginthe school year, or other days when school is not scheduled, contiguous to the holiday period, andtake precedence over the weekend parent-time. Changes may not be made to the regular rotationof the alternating weekend parent-time schedule; however, birthdays take precedence overholidays and extended parent-time, except Mother's Day and Father's Day; birthdays do not takeprecedence over uninterrupted parent-time if the parent exercising uninterrupted time takes thechild 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 beresponsible 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 holidayperiod extends beyond that time so that the child is free from school and the parent is free fromwork, 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 holidayweekend may begin from the time the child's school is regularly dismissed at the beginning of theholiday 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 overa scheduled holiday weekend may begin at approximately 9 a.m., accommodating the custodialparent's work schedule, the first day of the holiday weekend until 7 p.m. on the last day of theholiday weekend, if the noncustodial parent is available to be with the child unless the courtdirects the application of Subsection (2)(e)(ii)(A).
(iii) A step-parent, grandparent, or other responsible individual designated by thenoncustodial parent, may pick up the child if the custodial parent is aware of the identity of theindividual, 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 divorcedecree or court order, and may be changed by mutual agreement, court order, or by thenoncustodial 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 followingholidays:
(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for thebirthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless theholiday extends for a lengthier period of time to which the noncustodial parent is completelyentitled;
(iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7p.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 6p.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 holidayextends 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 beginningat 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier periodof 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. onthe holiday; and
(viii) the first portion of the Christmas school vacation as defined in Subsection30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the dayhalfway through the holiday period, if there are an odd number of days for the holiday period, oruntil 7 p.m. if there are an even number of days for the holiday period, so long as the entireholiday period is equally divided.
(g) In years ending in an even number, the noncustodial parent is entitled to thefollowing holidays:
(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretionof 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 theholiday extends for a lengthier period of time to which the noncustodial parent is completelyentitled;
(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless theholiday extends for a lengthier period of time to which the noncustodial parent is completelyentitled;
(iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no laterthan 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 theholiday;
(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in thelocal 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 Subsection30-3-32(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are anodd number of days for the holiday period, or at 7 p.m. if there are an even number of days forthe 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 evenyear holidays in odd years.
(i) Father's Day shall be spent with the natural or adoptive father every year beginning at9 a.m. until 7 p.m. on the holiday.
(j) Mother's Day shall be spent with the natural or adoptive mother every year beginningat 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 thenoncustodial parent, including weekends normally exercised by the noncustodial parent, but notholidays;
(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 forweekday 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 timewhen school is not in session for purposes of vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weekswith the child at least 30 days prior to the end of the child's school year to the other parent and ifnotification is not provided timely the complying parent may determine the schedule for extendedparent-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 atleast 100 miles apart, shall be at reasonable hours and for reasonable duration, provided that ifthe parties cannot agree on whether the equipment is reasonably available, the court shall decidewhether 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 parentconcerning parent-time shall be made a part of the decree and made a part of the parent-timeorder.
(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended
beyond the hours designated in Subsection (2)(g)(vi).
Amended by Chapter 228, 2010 General Session