Divorce Lawyer Orem, Utah: February 2017

Utah State Holiday Visitation Schedule 30-3-35

The Utah State Holiday Visitation Schedule is located at Section 30-3-35.

I’m going to post the full text below in case you want to read it.

You should know that the code does change from time to time. This was put into place in 2010.

Sometimes clients want to change the standard holiday schedule in their custody order or divorce decree. That is done on a regular basis.

One recent change we did was where the mom and children lived out of Utah and Dad lived in Utah and had minimum parent-time. We created a holiday schedule during Christmas where she would bring the kids and split the Christmas break with Dad so that Mom had 1 week of Christmas and Dad had the 2nd week of Christmas and they alternated who got which week with odd and even years. That was a good resolution for them.

You may had a different situation too where the standard holiday schedule doesn’t really work for you.

If that’s the case, please give our office a call and we can help you with that.

Thanks for visiting

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

SEO by Jeremy Eveland

—- HERE IS THE FULL TEXT OF THE LAW —-

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)
Utah Code
Page 2
(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;
Utah Code
Page 3
(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).
Amended by Chapter 228, 2010 General Session

source http://lawyerdivorceutah.com/2017/02/20/utah-state-holiday-visitation-schedule-30-3-35/

utah custody battle attorney

I was asked whether we do custody battles.

Yes, we do.

What is a Custody Battle?

A custody battle is when you and your ex fight over who should have custody of the kids. Typically, it is about physical custody. Meaning where the kids spend the night.

There is some confusion about physical custody, but the standard in Utah looks at where the child spends the night. If the child spends the night at your house the majority of the time, then you are said to have primary physical custody. If you have more than 111 overnights in a year each, then you have a joint physical custody situation. If you have 255 or more overnights in a year, then you have sole physical custody. This is simple math. The more overnights you get the better off you are in terms of custody.

How to Win a Custody Battle

The best way to win a custody battle is to not engage in petty behaviors like name calling and treating the other parent like crap. You want to take the higher road.

The next step is to begin gathering facts as to why the kids should be with you. For example, who helps the kids with homework? Is it you? Then we need to put down how often you do that.

Are you teaching the kids responsibility by giving them chores to do? We need that information – get that to us.

And just like that, we take each thing that you are doing for your kids and we outline it to the judge.

Also, and this is very important — you don’t want anything negative. If there is anything negative, we want to end it so you can be riding on the white horse saving your kids.

Facts make or break a custody battle, so you want to have all the facts on your side.

You be the parent that your kids need and we show it to the judge. You can come out as a winner if we do this right.