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Utah's New Visitation Guidelines

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By Greenwood & Black

Published:  July 17, 2004

Effective March 10, 2000, Utah's legislature enacted the following changes to the standard visitation schedule for children age 5 or older. The most significant change is an option for the non-custodial parent to pick up the children from school for the start of weekend and holiday visits.

30-3-35. Minimum schedule for visitation for children 5 to 18 years of age.

(1) The visitation schedule inthis section applies to children 5 to 18 years of age.
(2) If the parties do not agreeto a visitation schedule, the following schedule shall be considered theminimum visitation to which the noncustodial parent and the child shallbe entitled:
(a) (i)one weekday evening to be specified by the noncustodial parent or the courtfrom 5:30 p.m. until 8:30 p.m.; or
(ii) at the election of the noncustodial parent, one weekday fromthe time the child's school is regularly dismissed until 8:30 p.m.,unless the court directs the application of Subsection (2)(a)(i);
(b) (i)alternating weekends beginning on the first weekend after the entry ofthe decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing eachyear; or
(ii) at the election of the noncustodial parent, from the timethe 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);
(c) holidaystake precedence over the weekend visitation, and changes shall not be madeto the regular rotation of the alternating weekend visitation schedule;
(d) if a holidayfalls on a regularly scheduled school day, the noncustodial parent shallbe 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 totalholiday period extends beyond that time so that the child is free fromschool and the parent is free from work, the noncustodial parent shallbe entitled to this lengthier holiday period; or
(ii) at the election of the noncustodial parent, visitation overa scheduled holiday weekend may begin from the time the child's schoolis regularly dismissed at the beginning of the holiday weekend until 7p.m. on the last day of the holiday weekend;
(f) in yearsending in an odd number, the noncustodial parent is entitled to the followingholidays:
(i) child's birthday on the day before or after the actual birthdatebeginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodialparent, he may take other siblings along for the birthday;
(ii) Human Rights Day beginning 6 p.m. the day before theholiday on Friday until Monday at 7 p.m. on unlessthe holiday extends for a lengthier period of time to which the noncustodialparent is completely entitled;
(iii) Easter holiday beginning at 6 p.m. on Friday untilSunday at 7 p.m., unless the holiday extends for a lengthier period oftime to which the noncustodial parent is completely entitled springbreak or Easter holiday beginning at 6 p.m. on the day school lets outfor the holiday until 7 p.m. on the Sunday before school resumes;
(iv) Memorial 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 thenoncustodial parent is completely entitled;
(v) July 24th beginning 6 p.m. on the day before the holiday until11 p.m. on the holiday;
(vi) Veteran's Day holiday beginning 6 p.m. the day before the holidayuntil 7 p.m. on the holiday; and
(vii) the first portion of the Christmas school vacation as definedin Subsection 30-3-32(3)(b) plus Christmas Eve and Christmas Day until1 p.m., so long as the entire holiday is equally divided;
(g) in yearsending in an even number, the noncustodial parent is entitled to the followingholidays:
(i) child's birthday on actual birthdate beginning at 3 p.m. until9 p.m.; at the discretion of the noncustodial parent, he may take othersiblings along for the birthday;
(ii) President's Day beginning at 6 p.m. the day before theholiday on Friday until 7 p.m. on Monday unlessthe holiday extends for a lengthier period of time to which the noncustodialparent is completely entitled;
(iii) July 4th beginning at 6 p.m. the day before the holiday until11 p.m. on the holiday;
(iv) Labor 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 thenoncustodial parent is completely entitled;
(v) 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. unlessthe holiday extends for a lengthier period of time to which the noncustodialparent is completely entitled;
(vi) Columbus Day beginning at 6 p.m. the day before the holidayuntil 7 p.m. on the holiday;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sundayat 7 p.m; and
(viii) the second portion of the Christmas school vacation as definedin Subsection 30-3-32(3)(b) plus Christmas day beginning at 1 p.m.until 9 p.m., so long as the entire Christmas holiday is equally divided;
(h) Father'sDay shall be spent with the natural or adoptive father every year beginningat 9 a.m. until 7 p.m. on the holiday;
(i) Mother's Day shall be spent with the natural or adoptive motherevery year beginning at 9 a.m. until 7 p.m. on the holiday;
(j) extendedvisitation with the noncustodial parent may be:
(i) up to four weeks consecutive at the option of the noncustodialparent;
(ii) two weeks shall be uninterrupted time for the noncustodial parent;and
(iii) the remaining two weeks shall be subject to visitation forthe custodial parent consistent with these guidelines;
(k) the custodialparent shall have an identical two-week period of uninterrupted time duringthe children's summer vacation from school for purposes of vacation;
(l) if the childis enrolled in year-round school, the noncustodial parent's extended visitationshall be 1/2 of the vacation time for year-round school breaks, providedthe custodial parent has holiday and phone visits;
(m) notificationof extended visitation or vacation weeks with the child shall be providedat least 30 days in advance to the other parent; and
(n) telephonecontact shall be at reasonable hours and for reasonable duration.
(3) Any elections requiredto be made in accordance with this section by either parent concerningvisitation shall be made a part of the decree and made a part of the visitationorder.

Last modified:  January 18, 2005 - 12:26 PM


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