Visitation/Parent-Time

Utah Parent-time, or Utah visitation, generally refers to the non-custodial parent’s parent time. The non-custodial parent is usually the parent that has the lesser amount of parent-time. Even in 50/50 situations, one parent will have the child one night less than the other in any given year, usually that parent is referred to as the non-custodial parent. The designation is important in determining where the child goes to school, and other aspects determined by geographical boundaries. In Utah only standard visitation is determined by statute, any other parent-time between the parties is decided through settlement or court order. Utah’s standard visitation is presumptively the minimum visitation that a parent is entitled to, unless the other party can show that even minimum visitation is not in the best interest of the child, usually due to some kind of risk of harm. Your experienced Utah divorce attorney/visitation attorney can help you determine what is best for you
Utah Standard Visitation
Utah Standard visitation for children ages 5 to 18 can be found in Utah Code § 30-3-35, here is a synopsis of the statute:

Weekday: One weekday evening decided by the noncustodial parent from 5:30 – 8:30 p.m.

Weekends: The noncustodial parent shall have the child every other weekend, beginning Friday at 6:00 pm and ending Sunday at 7:00 pm.

Extended Parent-time: The noncustodial parent shall have the child up to four consecutive weeks during the summer break, two weeks shall be uninterrupted parent time.

  • The other two weeks are subject to parent-time for the custodial parent, consistent with these guidelines.
  • The custodial parent shall also have two weeks of uninterrupted parent time during the summer break.
  • A parent must notify the other parent of his or her extended parent-time 30 days prior to the end of the school year.

Both parents should allow the other parent liberal telephone contact with the child during his/her parent-time.

HOLIDAYS:

Birthday:

  • In ODD NUMBERED YEARS the noncustodial parent gets the child on the day before or after the actual birth date from 3:00 pm to 9:00 pm.
  • In EVEN NUMBERED YEARS the noncustodial parent gets the child on the actual birth date from 3:00 pm to 9:00 pm.

EVEN NUMBERED YEARS:

Presidents Day – The noncustodial parent gets the child from 6:00 pm the day before the holiday until 7:00 pm on the day of the holiday;

Memorial Day – The noncustodial parent gets the child from 6:00 pm on Friday until 7:00 pm on Memorial Day;

July 24th – The noncustodial parent gets the child from 6:oo pm the day before the holiday until 11:00 pm on the day of the holiday;

Columbus Day – The noncustodial parent gets the child from 6:00 pm the day before the holiday until 7:00 pm the day of the holiday;

Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9:00 pm if on a school day, or from 4:00 pm until 9:00 pm;

Thanksgiving – The noncustodial parent gets the child from 7:00 pm on the Wednesday before the holiday until 7:00 pm on the Sunday following the holiday;

Christmas Vacation – the second portion of the Christmas school vacation, beginning 1 p.m. on the day halfway through the holiday period, until 9 p.m. the night before school restarts;

Father’s Day/Mother’s Day – the noncustodial parent gets the child day every year on which ever holiday is applicable to the noncustodial parent.

 

ODD NUMBERED YEARS:

Martin Luther King, Jr. Day – The noncustodial parent gets the child from 6:00 pm the day before the holiday until 7:00 pm on the day of the holiday;

Spring Break – The noncustodial parent gets the child from 6:00 pm on the day school lets out for the holiday until 7:00 pm the Sunday before school resumes;

July 4th – The noncustodial parent gets the child from 6:00 pm the day before the holiday until 11:00 pm the day of the holiday;

Labor Day – The noncustodial parent gets the child from 6:00 pm on Friday until 7:00 pm on memorial day;

Fall Break if applicable, commonly known as U.E.A. – The noncustodial parent gets the child from 6:00 pm on Wednesday until 7:00 pm on Sunday;

Veterans Day – The noncustodial parent gets the child from 6:00 pm the day before the holiday until 7:00 pm on the day of the holiday;

Christmas – the first portion of the Christmas school vacation, continuing until 1 p.m. on the day halfway through the holiday period;

Father’s Day/Mother’s Day – the noncustodial parent gets the child day every year on which ever holiday is applicable to the noncustodial parent;

Holidays supersede normal parent time such as the assigned weekends, the parent with the assigned holiday gets the entire holiday unless designated otherwise in these guidelines;

The custodial parent is entitled to the same holidays, but on the opposite years.

 

Utah Standard Visitation for Children Under 5

Utah Standard Visitation for children under 5 can be found in in Utah Code § 30-3-35.5, below is a synopsis of the statute:

CHILDREN UNDER 5 MONTHS OF AGE

  • Six hours of parent-time per week divided into three parent-time periods in the custodial home or other environment familiar to the child.
  • Two hours on holidays, pursuant to the schedule found in Utah Code § 30-3-35 (found above).

CHILDREN BETWEEN 5 MONTHS AND 9 MONTHS OF AGE

  • Nine hours of parent-time a week divided into three parent time periods in the custodial home or other environment familiar to the child.
  • Two hours on holidays, pursuant to the schedule found in Utah Code § 30-3-35 (found above).

CHILDREN BETWEEN 9 MONTHS AND 12 MONTHS OF AGE

  • One eight hour visit per week
  • One three hour visit per week
  • Eight hours on holidays, pursuant to the schedule found in Utah Code § 30-3-35 (found above).
  • Brief telephone contact and other virtual parent-time.

CHILDREN BETWEEN 12 MONTHS AND 18 MONTHS OF AGE

  • One eight hour visit every other weekend.
  • On the opposite weekend, overnight visit from 6:00 pm on Friday until noon on Saturday.
  • One three hour visit per week.Eight hours on holidays, pursuant to the schedule found in Utah Code § 30-3-35 (found above).
  • Brief telephone contact and other virtual parent-time.

CHILDREN BETWEEN 18 MONTHS AND 3 YEARS OF AGE

  • One weekday evening between 5:30 pm and 8:30 pm.
  • Alternate weekends, beginning at 6:00 pm on Friday until 7:00 pm on Sunday.
  • Holiday parent time pursuant to the schedule found in Utah Code § 30-3-35 (found above).
  • Extended parent-time may be two one-week periods, separated by at least four weeks, one week shall be uninterrupted, the other week is subject to parent-time for the custodial parent consistent with Utah Code § 30-3-35.
  • Brief telephone contact and other virtual parent-time.

CHILDREN BETWEEN 3 YEARS AND 5 YEARS OF AGE

  • One weekday evening between 5:30 pm and 8:30 pm.
  • Alternate weekends, beginning at 6:00 pm on Friday until 7:00 pm on Sunday.
  • Holiday parent time pursuant to the schedule found in Utah Code § 30-3-35 (found above).
  • Extended parent-time may be two two-week periods, separated by at least four weeks, one two week period shall be uninterrupted, the other two week period is subject to parent-time for the custodial parent consistent with Utah Code § 30-3-35.
  • Brief telephone contact and other virtual parent-time.

 

Leaving Town With Your Child

Whenever a parent takes a child out of town, while exercising his/her Utah visitation, whether that be for vacation or an overnight during his/her parent time, the following information must be given to the other parent:

  • An itinerary of travel dates;
  • Destinations;
  • Places where the child or traveling parent can be reached; and
  • The name and telephone number of an available third person who would be knowledgeable of the child’s location

 

Pearson Law Firm can provide an attorney that is experienced in family law matters, and who will be able to counsel you and help you get the parent time that you deserve and are entitled to. Contact Pearson Law Firm now to schedule a free consultation with an experienced Utah divorce attorney/family law attorney, 801-888-0991.

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