During this time of year I get a lot of calls regarding parent-time and what each parent is entitled to over Christmas vacation. Some custody agreements spell out holiday visitation, especially if it’s a joint custody arrangement. If you are unable to decipher what your custody order says, contact me and I’m happy to go through it with you at no charge. If it’s ambiguous or poorly worded we may need to contact your ex and see if we can come to an agreement as to new wording. If the two of you can’t agree on something then we may need to go to mediation or even court to get it resolved (side note, if you are in the process of figuring out custody make sure the custody provision is clear and well-worded, don’t count on figuring it out as you go or down the road).
Utah Code § 30-3-35
Many custody orders refer to Utah Code § 30-3-35 for holiday visitation. This is the code section that spells out the recommended minimum visitation for the non-custodial parent in sole custody cases, but many joint custody cases use this code section for purposes of determining holiday visitation because it saves you from having to recreate the wheel so to speak.
The Utah code can be difficult to read at times, and I’m happy to help you decipher it as well. The statute changed a few years ago and I think there is some bad information out there because a lot of people are contacting me asking me if they get to see their kids on Christmas day. The statute USED TO divide Christmas day in half, but now it just divides the break itself in half, which typically results in one parent having the kids for both Christmas Eve and Christmas. Of course Christmas visitation rotates every year, so if you don’t have your kids for Christmas this year, you’ll get them next year. On the bright side, you don’t have to deal with your ex on Christmas day anymore so, ya know, that’s good.
If you have questions about holiday visitation or visitation in general contact Pearson Law Firm for a free consultation. Whether you’re currently trying to come to a custody agreement or you already have one that is confusing or ambiguous, I can help you, decipher it, and fix it if need be. Call today! 801-888-0991