H.B. 71

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 Committee Note:
9 The Judiciary Interim Committee recommended this bill.
10 General Description:
11 This bill rearranges some parent-time days, clarifies terms and requirements, and makes
12 technical changes.
13 Highlighted Provisions:
14 This bill:
15 . changes the following parent-time days from even to odd years:
16 . July 4;
17 . Labor Day;
18 . Thanksgiving; and
19 . second portion of Christmas break;
20 . changes the following parent-time days from odd to even years:
21 . Memorial Day;
22 . July 24;
23 . Halloween; and
24 . first portion of Christmas break;
25 . eliminates the following parent-time days:
26 . Columbus Day; and
27 . Veteran's Day;

28 . allows for the election of an entire weekday by the noncustodial parent if school is
29 not in session; and
30 . includes snow days, teacher development days, and other days when school is not in
31 session in the definition of holidays.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 30-3-32, as last amended by Laws of Utah 2006, Chapter 287
39 30-3-33, as last amended by Laws of Utah 2004, Chapters 132 and 321
40 30-3-34, as last amended by Laws of Utah 2001, Chapter 255
41 30-3-35, as last amended by Laws of Utah 2007, Chapter 302
42 30-3-35.5, as last amended by Laws of Utah 2007, Chapter 302
43 30-3-37, as last amended by Laws of Utah 2006, Chapter 195
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 30-3-32 is amended to read:
47 30-3-32. Parent-time -- Intent -- Policy -- Definitions.
48 (1) It is the intent of the Legislature to promote parent-time at a level consistent with
49 all parties' interests.
50 (2) (a) A court shall consider as primary the safety and well-being of the child and the
51 parent who is the victim of domestic or family violence.
52 (b) Absent a showing by a preponderance of evidence of real harm or substantiated
53 potential harm to the child:
54 (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
55 have frequent, meaningful, and continuing access to each parent following separation or
56 divorce;
57 (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
58 frequent, meaningful, and continuing access with his child consistent with the child's best

59 interests; and
60 (iii) it is in the best interests of the child to have both parents actively involved in
61 parenting the child.
62 (c) An order issued by a court pursuant to Title 30, Chapter 6, Cohabitant Abuse Act
63 shall be considered evidence of real harm or substantiated potential harm to the child.
64 (3) For purposes of Sections 30-3-32 through 30-3-37 :
65 (a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
66 (b) "Christmas school vacation" means the time period beginning on the evening the
67 child gets out of school for the Christmas or winter school break until the evening before the
68 child returns to school[, except for Christmas Eve and Christmas Day].
69 (c) "Extended parent-time" means a period of parent-time other than a weekend,
70 holiday as provided in Subsections 30-3-35 (2)(f) and (2)(g), religious holidays as provided in
71 Subsections 30-3-33 (3) and [(15)](17), and "Christmas school vacation."
72 (d) "Surrogate care" means care by any individual other than the parent of the child.
73 (e) "Uninterrupted time" means parent-time exercised by one parent without
74 interruption at any time by the presence of the other parent, or by telephone from the other
75 parent if the child is over the age of five years; however, the child may call the other parent if
76 they desire to do so at reasonable hours and for reasonable duration.
77 [(d)] (f) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
78 email, instant messaging, video conferencing, and other wired or wireless technologies over the
79 Internet or other communication media to supplement in-person visits between a noncustodial
80 parent and a child or between a child and the custodial parent when the child is staying with the
81 noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
82 parent-time.
83 (4) If a parent relocates because of an act of domestic violence or family violence by
84 the other parent, the court shall make specific findings and orders with regards to the
85 application of Section 30-3-37 .
86 Section 2. Section 30-3-33 is amended to read:
87 30-3-33. Advisory guidelines.
88 In addition to the parent-time schedules provided in Sections 30-3-35 and 30-3-35.5 ,
89 the following advisory guidelines are suggested to govern all parent-time arrangements

90 between parents. [These advisory guidelines include:]
91 (1) Parent-time schedules mutually agreed upon by both parents are preferable to a
92 court-imposed solution[;].
93 (2) The parent-time schedule shall be utilized to maximize the continuity and stability
94 of the child's life[;].
95 (3) Special consideration shall be given by each parent to make the child available to
96 attend family functions including funerals, weddings, family reunions, religious holidays,
97 important ceremonies, and other significant events in the life of the child or in the life of either
98 parent which may inadvertently conflict with the parent-time schedule[;].
99 (4) The responsibility for the pick up, delivery, and return of the child shall be
100 determined by the court when the parent-time order is entered, and may be changed at any time
101 a subsequent modification is made to the parent-time order[;].
102 (5) If the noncustodial parent will be providing transportation, the custodial parent
103 shall have the child ready for parent-time at the time the child is to be picked up and shall be
104 present at the custodial home or shall make reasonable alternate arrangements to receive the
105 child at the time the child is returned[;].
106 (6) If the custodial parent will be transporting the child, the noncustodial parent shall
107 be at the appointed place at the time the noncustodial parent is to receive the child, and have
108 the child ready to be picked up at the appointed time and place, or have made reasonable
109 alternate arrangements for the custodial parent to pick up the child[;].
110 (7) Regular school hours may not be interrupted for a school-age child for the exercise
111 of parent-time by either parent[;].
112 (8) The court may make alterations in the parent-time schedule to reasonably
113 accommodate the work schedule of both parents and may increase the parent-time allowed to
114 the noncustodial parent but shall not diminish the standardized parent-time provided in
115 Sections 30-3-35 and 30-3-35.5 [;].
116 (9) The court may make alterations in the parent-time schedule to reasonably
117 accommodate the distance between the parties and the expense of exercising parent-time[;].
118 (10) Neither parent-time nor child support is to be withheld due to either parent's
119 failure to comply with a court-ordered parent-time schedule[;].
120 (11) The custodial parent shall notify the noncustodial parent within 24 hours of

121 receiving notice of all significant school, social, sports, and community functions in which the
122 child is participating or being honored, and the noncustodial parent shall be entitled to attend
123 and participate fully[;].
124 (12) The noncustodial parent shall have access directly to all school reports including
125 preschool and daycare reports and medical records and shall be notified immediately by the
126 custodial parent in the event of a medical emergency[;].
127 (13) Each parent shall provide the other with his current address and telephone
128 number, email address, and other virtual parent-time access information within 24 hours of any
129 change[;].
130 (14) Each parent shall permit and encourage, during reasonable hours, reasonable and
131 uncensored communications with the child, in the form of mail privileges and virtual
132 parent-time if the equipment is reasonably available, provided that if the parties cannot agree
133 on whether the equipment is reasonably available, the court shall decide whether the equipment
134 for virtual parent-time is reasonably available, taking into consideration:
135 (a) the best interests of the child;
136 (b) each parent's ability to handle any additional expenses for virtual parent-time; and
137 (c) any other factors the court considers material[;].
138 (15) Parental care shall be presumed to be better care for the child than surrogate care
139 and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if
140 willing and able to transport the children, to provide the child care[;].
141 (16) Each parent shall provide all surrogate care providers with the name, current
142 address, and telephone number of the other parent and shall provide the noncustodial parent
143 with the name, current address, and telephone number of all surrogate care providers unless the
144 court for good cause orders otherwise[; and].
145 (17) Each parent shall be entitled to an equal division of major religious holidays
146 celebrated by the parents, and the parent who celebrates a religious holiday that the other parent
147 does not celebrate shall have the right to be together with the child on the religious holiday.
148 (18) If the child is on a different parent-time schedule than a sibling, based on Sections
149 30-3-35 and 30-3-35.5 , the parents should consider if an upward deviation for parent-time with
150 all the minor children so that parent-time is uniform between school aged and nonschool aged
151 children, is appropriate.

152 Section 3. Section 30-3-34 is amended to read:
153 30-3-34. Best interests -- Rebuttable presumption.
154 (1) If the parties are unable to agree on a parent-time schedule, the court may establish
155 a parent-time schedule consistent with the best interests of the child.
156 (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
157 schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best
158 interests of the child. The parent-time schedule shall be considered the minimum parent-time
159 to which the noncustodial parent and the child shall be entitled unless a parent can establish
160 otherwise by a preponderance of the evidence that more or less parent-time should be awarded
161 based upon any of the following criteria:
162 (a) parent-time would endanger the child's physical health or significantly impair the
163 child's emotional development;
164 (b) the distance between the residency of the child and the noncustodial parent;
165 (c) a substantiated or unfounded allegation of child abuse has been made;
166 (d) the lack of demonstrated parenting skills without safeguards to ensure the child's
167 well-being during parent-time;
168 (e) the financial inability of the noncustodial parent to provide adequate food and
169 shelter for the child during periods of parent-time;
170 (f) the preference of the child if the court determines the child to be of sufficient
171 maturity;
172 (g) the incarceration of the noncustodial parent in a county jail, secure youth
173 corrections facility, or an adult corrections facility;
174 (h) shared interests between the child and the noncustodial parent;
175 (i) the involvement or lack of involvement of the noncustodial parent in the school,
176 community, religious, or other related activities of the child;
177 (j) the availability of the noncustodial parent to care for the child when the custodial
178 parent is unavailable to do so because of work or other circumstances;
179 (k) a substantial and chronic pattern of missing, canceling, or denying regularly
180 scheduled parent-time;
181 (l) the minimal duration of and lack of significant bonding in the parents' relationship
182 prior to the conception of the child;

183 (m) the parent-time schedule of siblings;
184 (n) the lack of reasonable alternatives to the needs of a nursing child; and
185 (o) any other criteria the court determines relevant to the best interests of the child.
186 (3) The court shall enter the reasons underlying its order for parent-time that:
187 (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5 ; or
188 (b) provides more or less parent-time than a parent-time schedule provided in Section
189 30-3-35 or 30-3-35.5 .
190 (4) Once the parent-time schedule has been established, the parties may not alter the
191 schedule except by mutual consent of the parties or a court order.
192 Section 4. Section 30-3-35 is amended to read:
193 30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
194 (1) The parent-time schedule in this section applies to children 5 to 18 years of age.
195 (2) If the parties do not agree to a parent-time schedule, the following schedule shall be
196 considered the minimum parent-time to which the noncustodial parent and the child shall be
197 entitled[:].
198 (a) (i) [one] (A) One weekday evening to be specified by the noncustodial parent or
199 the court, or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.; [or]
200 [(ii)] (B) at the election of the noncustodial parent, one weekday from the time the
201 child's school is regularly dismissed until 8:30 p.m., unless the court directs the application of
202 Subsection (2)(a)(i); or
203 (C) at the election of the noncustodial parent, if school is not in session, one weekday
204 from approximately 9 a.m., accommodating the custodial parent's work schedule, until 8:30
205 p.m. if the noncustodial parent is available to be with the child, unless the court directs the
206 application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
207 (ii) Once the election of the weekday for the weekday evening parent-time is made, it
208 may not be changed except by mutual written agreement or court order.
209 (b) (i) [alternating] (A) Alternating weekends beginning on the first weekend after the
210 entry of the decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; [or]
211 [(ii)] (B) at the election of the noncustodial parent, from the time the child's school is
212 regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of
213 Subsection (2)(b)(i)(A); or

214 [(c) holidays]
215 (C) at the election of the noncustodial parent, if school is not in session, on Friday from
216 approximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. on
217 Sunday, if the noncustodial parent is available to be with the child unless the court directs the
218 application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
219 (ii) A step-parent, grandparent, or other responsible adult designated by the
220 noncustodial parent, may pick up the child if the school is aware of the identity of the
221 individual, and the parent will be with the child by 6 p.m.
222 (iii) Elections should be made by the noncustodial parent at the time of entry of the
223 divorce decree or court order.
224 (iv) Weekends include any "snow" days, teacher development days, or other days when
225 school is not scheduled and which are contiguous to the weekend period.
226 (c) Holidays include any "snow" days, teacher development days, or other days when
227 school is not scheduled, contiguous to the holiday period, and take precedence over the
228 weekend parent-time[, and changes]. Changes may not be made to the regular rotation of the
229 alternating weekend parent-time schedule; however, birthdays take precedence over holidays
230 and extended parent-time, except Mother's Day and Father's Day; birthdays do not take
231 precedence over uninterrupted parent-time if the parent exercising uninterrupted time takes the
232 child away from that parent's residence for the uninterrupted extended parent-time.
233 (d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall
234 be responsible for the child's attendance at school for that school day[;].
235 (e) (i) [if] If a holiday falls on a weekend or on a Friday or Monday and the total
236 holiday period extends beyond that time so that the child is free from school and the parent is
237 free from work, the noncustodial parent shall be entitled to this lengthier holiday period[; or].
238 (ii) [at] (A) At the election of the noncustodial parent, parent-time over a scheduled
239 holiday weekend may begin from the time the child's school is regularly dismissed at the
240 beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
241 (B) at the election of the noncustodial parent, if school is not in session, parent-time
242 over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the
243 custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last
244 day of the holiday weekend, if the noncustodial parent is available to be with the child unless

245 the court directs the application of Subsection (2)(e)(ii)(A).
246 (iii) A step-parent, grandparent, or other responsible individual designated by the
247 noncustodial parent, may pick up the child if the school is aware of the identity of the
248 individual, and the parent will be with the child by 6 p.m.
249 (iv) Elections should be made by the noncustodial parent at the time of the divorce
250 decree or court order.
251 (f) In years ending in an odd number, the noncustodial parent is entitled to the
252 following holidays:
253 (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m.
254 until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for
255 the birthday;
256 (ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless
257 the holiday extends for a lengthier period of time to which the noncustodial parent is
258 completely entitled;
259 (iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7
260 p.m. on the Sunday before school resumes;
261 [(iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the
262 holiday extends for a lengthier period of time to which the noncustodial parent is completely
263 entitled;]
264 [(v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the
265 holiday;]
266 [(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the
267 local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;]
268 [(vii) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on
269 the holiday; and]
270 (iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6
271 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
272 (v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
273 extends for a lengthier period of time to which the noncustodial parent is completely entitled;
274 (vi) Thanksgiving beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
275 [(viii) the first] (vii) the second portion of the Christmas school vacation [as defined in

276 Subsection 30-3-32 (3)(b) plus Christmas Eve and Christmas Day until 1 p.m.] beginning at 1
277 p.m. on the day halfway through the holiday, if there are an odd number of days for the holiday
278 period, or at 7 p.m. if there are an even number of days for the holiday period, so long as the
279 entire holiday is equally divided[;].
280 (g) In years ending in an even number, the noncustodial parent is entitled to the
281 following holidays:
282 (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion
283 of the noncustodial parent, he may take other siblings along for the birthday;
284 (ii) [Washington and Lincoln] President's Day beginning at 6 p.m. on Friday until 7
285 p.m. on Monday unless the holiday extends for a lengthier period of time to which the
286 noncustodial parent is completely entitled;
287 [(iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the
288 holiday;]
289 [(iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the
290 holiday extends for a lengthier period of time to which the noncustodial parent is completely
291 entitled;]
292 (iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the
293 holiday extends for a lengthier period of time to which the noncustodial parent is completely
294 entitled;
295 (iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later
296 than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
297 (v) 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)] (vi) the fall school break, if applicable, commonly known as U.E.A. weekend
300 beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a
301 lengthier period of time to which the noncustodial parent is completely entitled; and
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.;
305 and]
306 [(viii) the second] (vii) the first portion of the Christmas school vacation[, including

307 New Year's Day,] as defined in Subsection 30-3-32 (3)(b) [plus Christmas day beginning at 1
308 p.m. until 9 p.m.], including Christmas Eve and Christmas day until 1 p.m. on the day halfway
309 through the holiday, if there are an odd number of days for the holiday period, or until 7 p.m. if
310 there are an even number of days for the holiday period, so long as the entire Christmas holiday
311 is equally divided[;].
312 (h) The custodial parent is entitled to the odd year holidays in even years and the even
313 year holidays in odd years[;].
314 (i) Father's Day shall be spent with the natural or adoptive father every year beginning
315 at 9 a.m. until 7 p.m. on the holiday[;].
316 (j) Mother's Day shall be spent with the natural or adoptive mother every year
317 beginning at 9 a.m. until 7 p.m. on the holiday[;].
318 (k) Extended parent-time with the noncustodial parent may be:
319 (i) up to four weeks consecutive at the option of the noncustodial parent, including
320 weekends normally exercised by the noncustodial parent, but not holidays;
321 (ii) two weeks shall be uninterrupted time for the noncustodial parent; and
322 (iii) the remaining two weeks shall be subject to parent-time for the custodial parent
323 [consistent with these guidelines;] for weekday parent-time but not weekends, except for a
324 holiday to be exercised by the other parent.
325 (l) The custodial parent shall have an identical two-week period of uninterrupted time
326 during the children's summer vacation from school for purposes of vacation[;].
327 [(m) If the child is enrolled in year-round school, the noncustodial parent's extended
328 parent-time shall be 1/2 of the vacation time for year-round school breaks, provided the
329 custodial parent has holiday and phone visits;.]
330 [(n)] (m) Both parents shall provide notification of extended parent-time or vacation
331 weeks with the child [shall be provided] at least 30 days in advance to the other parent[; and]
332 and if notification is not provided timely the complying parent may determine the schedule for
333 extended parent-time for the noncomplying parent.
334 [(o) Telephone contact and other virtual]
335 (n) Telephone contact shall be at reasonable hours and for a reasonable duration.
336 (o) Virtual parent-time, if the equipment is reasonably available, shall be at reasonable
337 hours and for reasonable duration, provided that if the parties cannot agree on whether the

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

369 (A) divided into three parent-time periods; and
370 (B) in the custodial home, established child care setting, or other environment familiar
371 to the child; and
372 (ii) two hours on the holidays and in the years specified in Subsections 30-3-35 (2)(f)
373 through (i) preferably in the custodial home, the established child care setting, or other
374 environment familiar to the child[;].
375 (c) For