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Minimum schedule for parent-time for children under five years of age


 

Utah Code 30-3-35.5. Minimum schedule for parent-time for children under five years of age.

FOR CHILDREN UNDER 5 MONTHS OF AGE:

Weekly:

Six hours of parent-time per week, specified by the court or the noncustodial parent preferably, divided into three parent-time periods and to take place in the custodial home, established child care setting or other environment familiar to the child.

Holidays:

Two hours on the holidays indicated on Holiday Schedule below, to take place preferably in the custodial home, established child care setting or other environment familiar to the child.

 

FOR CHILDREN 5 MONTHS TO UNDER 9 MONTHS OF AGE:

Weekly:

Nine hours of parent-time per week, specified by the court or the noncustodial parent preferably, divided into three parent-time periods and to take place in the custodial home, established child care setting or other environment familiar to the child.

Holidays:

Two hours on the holidays indicated on Holiday Schedule below, to take place preferably in the custodial home, established child care setting or other environment familiar to the child.

 

FOR CHILDREN 9 MONTHS TO UNDER 12 MONTHS OF AGE:

Weekly:

One 8 hour visit per week to be specified by the noncustodial parent or the court; and

 

One 3 hour visit per week to be specified by the noncustodial parent or the court.

Holidays:

Eight hours on the holidays indicated on Holiday Schedule below, and

Electronic Communication:

Brief telephone contact and other virtual parent-time, if the equipment is reasonably available, with noncustodial parent at least two times per week. 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 the best interest of the child, each parent's ability to handle any additional expenses for virtual parent-time, and any other factors the court considers material.

 

FOR CHILDREN 12 MONTHS TO UNDER 18 MONTHS OF AGE:

Alternate Weekends

One 8 hour visit on alternating weekends to be specified by the noncustodial parent or the court; and, from 6 p.m. on Friday until noon on Saturday the opposite alternating weekends.

Weekly

One 3 hour visit per week to be specified by the noncustodial parent or the court.

Holidays:

Eight hours on the holidays indicated on Holiday Schedule below, and

Electronic Communication:

Brief telephone contact and other virtual parent-time, if the equipment is reasonably available, with noncustodial parent at least two times per week. 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 the best interest of the child, each parent's ability to handle any additional expenses for virtual parent-time, and any other factors the court considers material.

FOR CHILDREN 18 MONTHS TO UNDER 3 YEARS OF AGE:

Midweek:

One weekday evening for two hours between 5:30 - 8:30 p.m. to be specified by the noncustodial parent or the court. However, if the child is being cared for during the day outside the child's regular place of residence, the noncustodial parent may, with advance notice to the custodial parent, pick up the child from the caregiver at an earlier time and return the child to the custodial parent by 8:30 p.m.

Alternate Weekends:

Beginning on the first weekend after the entry of the decree from 6:00 p.m. Friday until 7:00 p.m. Sunday continuing each year.

Holiday Parent-time:

Holidays as specified on Holiday Schedule below.

Extended Parent-time:

Two one-week periods, separated by at least four weeks, at the option of the noncustodial parent;

 

a.

one week shall be uninterrupted time for the noncustodial parent;

b.

the remaining week shall be subject to parent-time for the custodial parent consistent with these guidelines; and

c.

the custodial parent shall have an identical one-week period of uninterrupted time for vacation.


Notification of extended parent-time or vacation weeks with the child shall be provided at least 30 days in advance to the other parent.

Electronic Communication:

Brief telephone contact and other virtual parent-time, if the equipment is reasonably available, with noncustodial parent at least two times per week. 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 the best interest of the child, each parent's ability to handle any additional expenses for virtual parent-time, and any other factors the court considers material.

FOR CHILDREN 3 YEARS TO UNDER 5 YEARS OF AGE:

Midweek:

One weekday evening from 5:30 - 8:30 p.m. to be specified by the noncustodial parent or court. However, if the child is being cared for during the day outside the child's regular place of residence, the noncustodial parent may, with advance notice to the custodial parent, pick up the child from the caregiver at an earlier time and return the child to the custodial parent by 8:30 p.m.

Alternate Weekends:

Beginning on the first weekend after the entry of the decree from 6:00 p.m. on Friday until 7:00 p.m. on Sunday continuing each year.

Holiday Parent-time:

Holidays as specified on Holiday Schedule below.

Extended Parent-time:

Two two-week periods, separated by at least four weeks, at the option of the noncustodial parent;

 

a.

one two-week period shall be uninterrupted time for the noncustodial parent;

b.

the remaining two-week period shall be subject to parent-time for the custodial parent consistent to these guidelines; and

c.

the custodial parent shall have an identical two-week period of uninterrupted time for vacation.

A parent shall notify the other parent at least 30 days in advance of extended parent-time or vacation weeks.

Electronic Communications:

Brief telephone contact and other virtual parent-time at reasonable hours and for reasonable duration, if the equipment is reasonably available, with noncustodial parent at least two times per week. 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 the best interest of the child, each parent's ability to handle any additional expenses for virtual parent-time, and any other factors the court considers material.

 

HOLIDAY SCHEDULE FOR NONCUSTODIAL PARENTS

  • Holidays include any "snow" days, teacher development days, or other days when school is not scheduled, contiguous to the holiday period.
  • Holidays take precedence over the weekend parent-time, and changes may not be made in the regular rotation of the alternating weekend parent-time schedule.
  • Birthdays take precedence over holidays and extended parent-time, except Mother's Day and Father's Day. However, 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.
  • If a holiday falls on a regular scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day.
  • During the time a child's school is in session, 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.
  • During the time a child's school is not in session, at the election of the noncustodial parent, 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.
  • 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.
  • 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.

Odd Numbered Years

Even Numbered Years

Child's birthday - on the day before or after the actual birthdate from 3 p.m. to 9 p.m.

Child's birthday - on the actual birthdate from 3 p.m. to 9 p.m.


Note: At the discretion of the noncustodial parent, that parent may take other siblings along for the birthday.

Martin Luther King, Jr. - 6 p.m. the day before until 7 p.m. on the holiday unless the holiday extends for a lengthier period of time to which the parent is completely entitled

President's Day - from 6 p.m. day before until 7 p.m. on the holiday unless the holiday extends for a lengthier period of time to which the parent is completely entitled

Spring Break - from 6 p.m. Fri. until Sun. 7 p.m. unless holiday extends for lengthier period of time to which parent is completely entitled

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

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

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

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

Columbus Day - beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday

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

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.

Veterans Day holiday - beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday

Thanksgiving - from Wed. 7 p.m. to Sun. 7 p.m.

Christmas School Vacation: means the time period beginning on the evening the child gets out of school for the Christmas or winter school break until the evening before the child returns to school.

Christmas School Vacation - odd years - the first portion of the Christmas school vacation including Christmas Eve and Christmas Day until 1 p.m. on the day halfway through the holiday, 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 is equally divided

Christmas School Vacation - even years - the second portion of the Christmas school vacation beginning 1 p.m. on the day halfway through the holiday, 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 is equally divided


Father's Day: with natural or adoptive father every year from 9 a.m. to 7 p.m. on holiday

Mother's Day: with natural or adoptive mother every year from 9 a.m. to 7 p.m. on holiday


Page Last Modified: 7/7/2015
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