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.