H.B. 71 Enrolled

1

PARENT-TIME AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lorie D. Fowlke
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill rearranges some parent-time days, clarifies terms and requirements, and makes
10 technical changes.
11 Highlighted Provisions:
12 This bill:
13 . changes the following parent-time days from even to odd years:
14 . July 4;
15 . Labor Day; and
16 . Fall Break;
17 . changes the following parent-time days from odd to even years:
18 . Memorial Day;
19 . July 24; and
20 . Halloween;
21 . allows for the election of an entire weekday by the noncustodial parent if school is
22 not in session; and
23 . includes snow days, teacher development days, and other days when school is not in
24 session in the definition of holidays.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:

30 AMENDS:
31 30-3-32, as last amended by Laws of Utah 2006, Chapter 287
32 30-3-33, as last amended by Laws of Utah 2004, Chapters 132 and 321
33 30-3-34, as last amended by Laws of Utah 2001, Chapter 255
34 30-3-35, as last amended by Laws of Utah 2007, Chapter 302
35 30-3-35.5, as last amended by Laws of Utah 2007, Chapter 302
36 30-3-37, as last amended by Laws of Utah 2006, Chapter 195
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 30-3-32 is amended to read:
40 30-3-32. Parent-time -- Intent -- Policy -- Definitions.
41 (1) It is the intent of the Legislature to promote parent-time at a level consistent with all
42 parties' interests.
43 (2) (a) A court shall consider as primary the safety and well-being of the child and the
44 parent who is the victim of domestic or family violence.
45 (b) Absent a showing by a preponderance of evidence of real harm or substantiated
46 potential harm to the child:
47 (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
48 have frequent, meaningful, and continuing access to each parent following separation or
49 divorce;
50 (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
51 frequent, meaningful, and continuing access with his child consistent with the child's best
52 interests; and
53 (iii) it is in the best interests of the child to have both parents actively involved in
54 parenting the child.
55 (c) An order issued by a court pursuant to Title 30, Chapter 6, Cohabitant Abuse Act
56 shall be considered evidence of real harm or substantiated potential harm to the child.
57 (3) For purposes of Sections 30-3-32 through 30-3-37 :

58 (a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
59 (b) "Christmas school vacation" means the time period beginning on the evening the
60 child gets out of school for the Christmas or winter school break until the evening before the
61 child returns to school[, except for Christmas Eve and Christmas Day].
62 (c) "Extended parent-time" means a period of parent-time other than a weekend,
63 holiday as provided in Subsections 30-3-35 (2)(f) and (2)(g), religious holidays as provided in
64 Subsections 30-3-33 (3) and [(15)](17), and "Christmas school vacation."
65 (d) "Surrogate care" means care by any individual other than the parent of the child.
66 (e) "Uninterrupted time" means parent-time exercised by one parent without
67 interruption at any time by the presence of the other parent.
68 [(d)] (f) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
69 email, instant messaging, video conferencing, and other wired or wireless technologies over the
70 Internet or other communication media to supplement in-person visits between a noncustodial
71 parent and a child or between a child and the custodial parent when the child is staying with the
72 noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
73 parent-time.
74 (4) If a parent relocates because of an act of domestic violence or family violence by the
75 other parent, the court shall make specific findings and orders with regards to the application of
76 Section 30-3-37 .
77 Section 2. Section 30-3-33 is amended to read:
78 30-3-33. Advisory guidelines.
79 In addition to the parent-time schedules provided in Sections 30-3-35 and 30-3-35.5 , the
80 following advisory guidelines are suggested to govern all parent-time arrangements between
81 parents. [These advisory guidelines include:]
82 (1) Parent-time schedules mutually agreed upon by both parents are preferable to a
83 court-imposed solution[;].
84 (2) The parent-time schedule shall be utilized to maximize the continuity and stability of
85 the child's life[;].

86 (3) Special consideration shall be given by each parent to make the child available to
87 attend family functions including funerals, weddings, family reunions, religious holidays,
88 important ceremonies, and other significant events in the life of the child or in the life of either
89 parent which may inadvertently conflict with the parent-time schedule[;].
90 (4) The responsibility for the pick up, delivery, and return of the child shall be
91 determined by the court when the parent-time order is entered, and may be changed at any time
92 a subsequent modification is made to the parent-time order[;].
93 (5) If the noncustodial parent will be providing transportation, the custodial parent shall
94 have the child ready for parent-time at the time the child is to be picked up and shall be present
95 at the custodial home or shall make reasonable alternate arrangements to receive the child at the
96 time the child is returned[;].
97 (6) If the custodial parent will be transporting the child, the noncustodial parent shall be
98 at the appointed place at the time the noncustodial parent is to receive the child, and have the
99 child ready to be picked up at the appointed time and place, or have made reasonable alternate
100 arrangements for the custodial parent to pick up the child[;].
101 (7) Regular school hours may not be interrupted for a school-age child for the exercise
102 of parent-time by either parent[;].
103 (8) The court may make alterations in the parent-time schedule to reasonably
104 accommodate the work schedule of both parents and may increase the parent-time allowed to
105 the noncustodial parent but shall not diminish the standardized parent-time provided in Sections
106 30-3-35 and 30-3-35.5 [;].
107 (9) The court may make alterations in the parent-time schedule to reasonably
108 accommodate the distance between the parties and the expense of exercising parent-time[;].
109 (10) Neither parent-time nor child support is to be withheld due to either parent's failure
110 to comply with a court-ordered parent-time schedule[;].
111 (11) The custodial parent shall notify the noncustodial parent within 24 hours of
112 receiving notice of all significant school, social, sports, and community functions in which the
113 child is participating or being honored, and the noncustodial parent shall be entitled to attend

114 and participate fully[;].
115 (12) The noncustodial parent shall have access directly to all school reports including
116 preschool and daycare reports and medical records and shall be notified immediately by the
117 custodial parent in the event of a medical emergency[;].
118 (13) Each parent shall provide the other with his current address and telephone number,
119 email address, and other virtual parent-time access information within 24 hours of any
120 change[;].
121 (14) Each parent shall permit and encourage, during reasonable hours, reasonable and
122 uncensored communications with the child, in the form of mail privileges and virtual parent-time
123 if the equipment is reasonably available, provided that if the parties cannot agree on whether the
124 equipment is reasonably available, the court shall decide whether the equipment for virtual
125 parent-time is reasonably available, taking into consideration:
126 (a) the best interests of the child;
127 (b) each parent's ability to handle any additional expenses for virtual parent-time; and
128 (c) any other factors the court considers material[;].
129 (15) Parental care shall be presumed to be better care for the child than surrogate care
130 and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if
131 willing and able to transport the children, to provide the child care[;]. Child care arrangements
132 existing during the marriage are preferred as are child care arrangements with nominal or no
133 charge.
134 (16) Each parent shall provide all surrogate care providers with the name, current
135 address, and telephone number of the other parent and shall provide the noncustodial parent
136 with the name, current address, and telephone number of all surrogate care providers unless the
137 court for good cause orders otherwise[; and].
138 (17) Each parent shall be entitled to an equal division of major religious holidays
139 celebrated by the parents, and the parent who celebrates a religious holiday that the other parent
140 does not celebrate shall have the right to be together with the child on the religious holiday.
141 (18) If the child is on a different parent-time schedule than a sibling, based on Sections

142 30-3-35 and 30-3-35.5 , the parents should consider if an upward deviation for parent-time with
143 all the minor children so that parent-time is uniform between school aged and nonschool aged
144 children, is appropriate.
145 Section 3. Section 30-3-34 is amended to read:
146 30-3-34. Best interests -- Rebuttable presumption.
147 (1) If the parties are unable to agree on a parent-time schedule, the court may establish
148 a parent-time schedule consistent with the best interests of the child.
149 (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
150 schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best
151 interests of the child. The parent-time schedule shall be considered the minimum parent-time to
152 which the noncustodial parent and the child shall be entitled unless a parent can establish
153 otherwise by a preponderance of the evidence that more or less parent-time should be awarded
154 based upon any of the following criteria:
155 (a) parent-time would endanger the child's physical health or significantly impair the
156 child's emotional development;
157 (b) the distance between the residency of the child and the noncustodial parent;
158 (c) a substantiated or unfounded allegation of child abuse has been made;
159 (d) the lack of demonstrated parenting skills without safeguards to ensure the child's
160 well-being during parent-time;
161 (e) the financial inability of the noncustodial parent to provide adequate food and
162 shelter for the child during periods of parent-time;
163 (f) the preference of the child if the court determines the child to be of sufficient
164 maturity;
165 (g) the incarceration of the noncustodial parent in a county jail, secure youth
166 corrections facility, or an adult corrections facility;
167 (h) shared interests between the child and the noncustodial parent;
168 (i) the involvement or lack of involvement of the noncustodial parent in the school,
169 community, religious, or other related activities of the child;

170 (j) the availability of the noncustodial parent to care for the child when the custodial
171 parent is unavailable to do so because of work or other circumstances;
172 (k) a substantial and chronic pattern of missing, canceling, or denying regularly
173 scheduled parent-time;
174 (l) the minimal duration of and lack of significant bonding in the parents' relationship
175 prior to the conception of the child;
176 (m) the parent-time schedule of siblings;
177 (n) the lack of reasonable alternatives to the needs of a nursing child; and
178 (o) any other criteria the court determines relevant to the best interests of the child.
179 (3) The court shall enter the reasons underlying its order for parent-time that:
180 (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5 ; or
181 (b) provides more or less parent-time than a parent-time schedule provided in Section
182 30-3-35 or 30-3-35.5 .
183 (4) Once the parent-time schedule has been established, the parties may not alter the
184 schedule except by mutual consent of the parties or a court order.
185 Section 4. Section 30-3-35 is amended to read:
186 30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
187 (1) The parent-time schedule in this section applies to children 5 to 18 years of age.
188 (2) If the parties do not agree to a parent-time schedule, the following schedule shall be
189 considered the minimum parent-time to which the noncustodial parent and the child shall be
190 entitled[:].
191 (a) (i) [one] (A) One weekday evening to be specified by the noncustodial parent or the
192 court, or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.; [or]
193 [(ii)] (B) at the election of the noncustodial parent, one weekday from the time the
194 child's school is regularly dismissed until 8:30 p.m., unless the court directs the application of
195 Subsection (2)(a)(i); or
196 (C) at the election of the noncustodial parent, if school is not in session, one weekday
197 from approximately 9 a.m., accommodating the custodial parent's work schedule, until 8:30

198 p.m. if the noncustodial parent is available to be with the child, unless the court directs the
199 application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
200 (ii) Once the election of the weekday for the weekday evening parent-time is made, it
201 may not be changed except by mutual written agreement or court order.
202 (b) (i) [alternating] (A) Alternating weekends beginning on the first weekend after the
203 entry of the decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; [or]
204 [(ii)] (B) at the election of the noncustodial parent, from the time the child's school is
205 regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of
206 Subsection (2)(b)(i)(A); or
207 [(c) holidays]
208 (C) at the election of the noncustodial parent, if school is not in session, on Friday from
209 approximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. on
210 Sunday, if the noncustodial parent is available to be with the child unless the court directs the
211 application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
212 (ii) A step-parent, grandparent, or other responsible adult designated by the
213 noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
214 individual, and the parent will be with the child by 7 p.m.
215 (iii) Elections should be made by the noncustodial parent at the time of entry of the
216 divorce decree or court order, and may be changed by mutual agreement, court order, or by the
217 noncustodial parent in the event of a change in the child's schedule.
218 (iv) Weekends include any "snow" days, teacher development days, or other days when
219 school is not scheduled and which are contiguous to the weekend period.
220 (c) Holidays include any "snow" days, teacher development days, or other days when
221 school is not scheduled, contiguous to the holiday period, and take precedence over the
222 weekend parent-time[, and changes]. Changes may not be made to the regular rotation of the
223 alternating weekend parent-time schedule; however, birthdays take precedence over holidays
224 and extended parent-time, except Mother's Day and Father's Day; birthdays do not take
225 precedence over uninterrupted parent-time if the parent exercising uninterrupted time takes the

226 child away from that parent's residence for the uninterrupted extended parent-time.
227 (d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall
228 be responsible for the child's attendance at school for that school day[;].
229 (e) (i) [if] If a holiday falls on a weekend or on a Friday or Monday and the total
230 holiday period extends beyond that time so that the child is free from school and the parent is
231 free from work, the noncustodial parent shall be entitled to this lengthier holiday period[; or].
232 (ii) [at] (A) At the election of the noncustodial parent, parent-time over a scheduled
233 holiday weekend may begin from the time the child's school is regularly dismissed at the
234 beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
235 (B) at the election of the noncustodial parent, if school is not in session, parent-time
236 over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the
237 custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last
238 day of the holiday weekend, if the noncustodial parent is available to be with the child unless the
239 court directs the application of Subsection (2)(e)(ii)(A).
240 (iii) A step-parent, grandparent, or other responsible individual designated by the
241 noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
242 individual, and the parent will be with the child by 7 p.m.
243 (iv) Elections should be made by the noncustodial parent at the time of the divorce
244 decree or court order, and may be changed by mutual agreement, court order, or by the
245 noncustodial parent in the event of a change in the child's schedule.
246 (f) In years ending in an odd number, the noncustodial parent is entitled to the following
247 holidays:
248 (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m.
249 until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the
250 birthday;
251 (ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless
252 the holiday extends for a lengthier period of time to which the noncustodial parent is completely
253 entitled;

254 (iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7
255 p.m. on the Sunday before school resumes;
256 [(iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the
257 holiday extends for a lengthier period of time to which the noncustodial parent is completely
258 entitled;]
259 [(v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the
260 holiday;]
261 [(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the
262 local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;]
263 [(vii) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on
264 the holiday; and]
265 (iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6
266 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
267 (v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
268 extends for a lengthier period of time to which the noncustodial parent is completely entitled;
269 (vi) the fall school break, if applicable, commonly known as U.E.A. weekend beginning
270 at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period
271 of time to which the noncustodial parent is completely entitled;
272 (vii) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on
273 the holiday; and
274 (viii) the first portion of the Christmas school vacation as defined in Subsection
275 30-3-32 (3)(b) [plus] including Christmas Eve and Christmas Day until 1 p.m. on the day
276 halfway through the holiday, if there are an odd number of days for the holiday period, or until 7
277 p.m. if there are an even number of days for the holiday period, so long as the entire holiday is
278 equally divided[;].
279 (g) In years ending in an even number, the noncustodial parent is entitled to the
280 following holidays:
281 (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion

282 of the noncustodial parent, he may take other siblings along for the birthday;
283 (ii) [Washington and Lincoln] President's Day beginning at 6 p.m. on Friday until 7 p.m.
284 on Monday unless the holiday extends for a lengthier period of time to which the noncustodial
285 parent is completely entitled;
286 [(iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the
287 holiday;]
288 [(iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
289 extends for a lengthier period of time to which the noncustodial parent is completely entitled;]
290 (iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the
291 holiday extends for a lengthier period of time to which the noncustodial parent is completely
292 entitled;
293 (iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later
294 than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
295 (v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
296 holiday;
297 (vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the
298 local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
299 [(v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning
300 at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period
301 of time to which the noncustodial parent is completely entitled;]
302 [(vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
303 holiday;]
304 (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
305 (viii) the second portion of the Christmas school vacation[, including New Year's Day,]
306 as defined in Subsection 30-3-32 (3)(b) [plus Christmas day beginning at 1 p.m. until 9 p.m.],
307 beginning 1 p.m. on the day halfway through the holiday, if there are an odd number of days for
308 the holiday period, or at 7 p.m. if there are an even number of days for the holiday period, so
309 long as the entire Christmas holiday is equally divided[;].

310 (h) The custodial parent is entitled to the odd year holidays in even years and the even
311 year holidays in odd years[;].
312 (i) Father's Day shall be spent with the natural or adoptive father every year beginning
313 at 9 a.m. until 7 p.m. on the holiday[;].
314 (j) Mother's Day shall be spent with the natural or adoptive mother every year beginning
315 at 9 a.m. until 7 p.m. on the holiday[;].
316 (k) Extended parent-time with the noncustodial parent may be:
317 (i) up to four weeks consecutive at the option of the noncustodial parent, including
318 weekends normally exercised by the noncustodial parent, but not holidays;
319 (ii) two weeks shall be uninterrupted time for the noncustodial parent; and
320 (iii) the remaining two weeks shall be subject to parent-time for the custodial parent
321 [consistent with these guidelines;] for weekday parent-time but not weekends, except for a
322 holiday to be exercised by the other parent.
323 (l) The custodial parent shall have an identical two-week period of uninterrupted time
324 during the children's summer vacation from school for purposes of vacation[;].
325 [(m) If the child is enrolled in year-round school, the noncustodial parent's extended
326 parent-time shall be 1/2 of the vacation time for year-round school breaks, provided the
327 custodial parent has holiday and phone visits;.]
328 [(n)] (m) Both parents shall provide notification of extended parent-time or vacation
329 weeks with the child [shall be provided] at least 30 days in advance to the other parent[; and]
330 and if notification is not provided timely the complying parent may determine the schedule for
331 extended parent-time for the noncomplying parent.
332 [(o) Telephone contact and other virtual]
333 (n) Telephone contact shall be at reasonable hours and for a reasonable duration.
334 (o) Virtual parent-time, if the equipment is reasonably available and the parents reside at
335 least 100 miles apart, shall be at reasonable hours and for reasonable duration, provided that if
336 the parties cannot agree on whether the equipment is reasonably available, the court shall decide
337 whether the equipment for virtual parent-time is reasonably available, taking into consideration:

338 (i) the best interests of the child;
339 (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
340 (iii) any other factors the court considers material.
341 (3) Any elections required to be made in accordance with this section by either parent
342 concerning parent-time shall be made a part of the decree and made a part of the parent-time
343 order.
344 (4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended
345 beyond the hours designated in Subsection (2)[(f)](g)(vi).
346 Section 5. Section 30-3-35.5 is amended to read:
347 30-3-35.5. Minimum schedule for parent-time for children under five years of
348 age.
349 (1) The parent-time schedule in this section applies to children under five years old.
350 (2) All holidays in this section refer to the same holidays referenced in Section 30-3-35 .
351 [(2)] (3) If the parties do not agree to a parent-time schedule, the following schedule
352 shall be considered the minimum parent-time to which the noncustodial parent and the child
353 shall be entitled[:].
354 (a) For children under five months of age:
355 (i) six hours of parent-time per week to be specified by the court or the noncustodial
356 parent preferably:
357 (A) divided into three parent-time periods; and
358 (B) in the custodial home, established child care setting, or other environment familiar
359 to the child; and
360 (ii) two hours on holidays and in the years specified in Subsections 30-3-35 (2)(f)
361 through (i) preferably in the custodial home, the established child care setting, or other
362 environment familiar to the child[;].
363 (b) For children five months of age or older, but younger than [ten] nine months of age:
364 (i) nine hours of parent-time per week to be specified by the court or the noncustodial
365 parent preferably:

366 (A) divided into three parent-time periods; and
367 (B) in the custodial home, established child care setting, or other environment familiar
368 to the child; and
369 (ii) two hours on the holidays and in the years specified in Subsections 30-3-35 (2)(f)
370 through (i) preferably in the custodial home, the established child care setting, or other
371 environment familiar to the child[;].
372 (c) For children nine months of age or older, but younger than 12 months of age:
373 (i) one eight hour visit per week to be specified by the noncustodial parent or court;