First Substitute S.B. 33

1

CHILD VISITATION GUIDELINES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: R. Mont Evans
5 AN ACT RELATING TO HUSBAND AND WIFE; ESTABLISHING PRESUMPTIVE CHILD
6 VISITATION GUIDELINES FOR CHILDREN UNDER FIVE YEARS OF AGE;
7 CLARIFYING THE CRITERIA UNDER WHICH A DEVIATION FROM THE VISITATION
8 GUIDELINES MAY BE ORDERED; AND MAKING TECHNICAL AND CONFORMING
9 AMENDMENTS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 30-3-33, as enacted by Chapter 131, Laws of Utah 1993
13 30-3-34, as enacted by Chapter 131, Laws of Utah 1993
14 30-3-35, as enacted by Chapter 131, Laws of Utah 1993
15 ENACTS:
16 30-3-35.5, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 30-3-33 is amended to read:
19 30-3-33. Advisory guidelines.
20 In addition to the visitation [schedule] schedules provided in Section 30-3-35 and Section
21 30-3-35.5, advisory guidelines are suggested to govern all visitation arrangements between parents.
22 These advisory guidelines include:
23 (1) visitation schedules mutually agreed upon by both parents are preferable to a
24 court-imposed solution;
25 (2) the visitation schedule shall be utilized to maximize the continuity and stability of the
26 child's life;
27 [(3) the court may alter this schedule to make shorter visits of greater frequency or other

1 arrangements consistent with the child's best interests for children under age 5; otherwise the
2 visitation schedule as provided in Section 30-3-35 shall apply;]
3 [(4)] (3) special consideration shall be given by each parent to make the child available
4 to attend family functions including funerals, weddings, family reunions, religious holidays,
5 important ceremonies, and other significant events in the life of the child or in the life of either
6 parent which may inadvertently conflict with the visitation schedule;
7 [(5)] (4) the noncustodial parent shall pick up the child at the times specified and return
8 the child at the times specified, and the child's regular school hours shall not be interrupted;
9 [(6)] (5) the custodial parent shall have the child ready for visitation at the time he is to
10 be picked up and shall be present at the custodial home or shall make reasonable alternate
11 arrangements to receive the child at the time he is returned;
12 [(7)] (6) the court may make alterations in the visitation schedule to reasonably
13 accommodate the work schedule of both parents and may increase the visitation allowed to the
14 noncustodial parent but shall not diminish the standardized visitation provided in Section 30-3-35
15 and Section 30-3-35.5;
16 [(8)] (7) the court may make alterations in the visitation schedule to reasonably
17 accommodate the distance between the parties and the expense of exercising visitation;
18 [(9)] (8) neither visitation nor child support is to be withheld due to either parent's failure
19 to comply with a court-ordered visitation schedule;
20 [(10)] (9) the custodial parent shall notify the noncustodial parent within 24 hours of
21 receiving notice of all significant school, social, sports, and community functions in which the
22 child is participating or being honored, and the noncustodial parent shall be entitled to attend and
23 participate fully;
24 [(11)] (10) the noncustodial parent shall have access directly to all school reports including
25 preschool and daycare reports and medical records and shall be notified immediately by the
26 custodial parent in the event of a medical emergency;
27 [(12)] (11) each parent shall provide the other with his current address and telephone
28 number within 24 hours of any change;
29 [(13)] (12) each parent shall permit and encourage liberal telephone contact during
30 reasonable hours and uncensored mail privileges with the child;
31 [(14)] (13) parental care shall be presumed to be better care for the child than surrogate

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1 care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if
2 willing and able, to provide child care;
3 [(15)] (14) each parent shall provide all surrogate care providers with the name, current
4 address, and telephone number of the other parent and shall provide the noncustodial parent with
5 the name, current address, and telephone number of all surrogate care providers unless the court
6 for good cause orders otherwise; and
7 [(16)] (15) each parent shall be entitled to an equal division of major religious holidays
8 celebrated by the parents, and the parent who celebrates a religious holiday that the other parent
9 does not celebrate shall have the right to be together with the child on the religious holiday.
10 Section 2. Section 30-3-34 is amended to read:
11 30-3-34. Best interests -- Rebuttable presumption.
12 (1) If the parties are unable to agree on a visitation schedule, the court may establish a
13 visitation schedule consistent with the best interests of the child.
14 (2) The advisory guidelines as provided in Section 30-3-33 and the visitation schedule as
15 provided in Section 30-3-35 and Section 30-3-35.5 shall be presumed to be in the best interests of
16 the child. The visitation schedule shall be considered the minimum visitation to which the
17 noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a
18 preponderance of the evidence[. The presumption may be rebutted] that more or less visitation
19 should be awarded based upon [a finding of the court including] any of the following criteria:
20 (a) visitation would endanger the child's physical health[; (b) visitation would] or
21 significantly impair the child's emotional development;
22 (b) the distance between the residency of the child and the noncustodial parent;
23 (c) a substantiated or unfounded allegation of child abuse [exists] has been made;
24 (d) the lack of demonstrated parenting skills without safeguards to ensure the child's
25 well-being during visitation;
26 (e) the financial inability of the noncustodial parent to provide adequate food and shelter
27 for the child during periods of visitation;
28 (f) the preference of the child if the court determines the child to be of sufficient maturity;
29 (g) the incarceration of the noncustodial parent in a county jail, secure youth corrections
30 facility, or an adult corrections facility; [and]
31 (h) shared interests between the child and the noncustodial parent;

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1 (i) the involvement of the noncustodial parent in the school, community, religious, or other
2 related activities of the child;
3 (j) the availability of the noncustodial parent to care for the child when the custodial parent
4 is unavailable to do so because of work or other circumstances;
5 (k) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled
6 visitation;
7 (l) the minimal duration of and lack of significant bonding in the parents' relationship prior
8 to the conception of the child;
9 (m) the visitation schedule of siblings;
10 (n) the lack of reasonable alternatives to the needs of a nursing child; and
11 [(h)] (o) any other criteria the court determines relevant to the best interests of the child.
12 (3) The court shall enter the reasons underlying its order for visitation that:
13 (a) incorporates a visitation schedule provided in Section 30-3-35 or Section 30-3-35.5;
14 or
15 (b) provides more or less visitation than a visitation schedule provided in Section 30-3-35
16 or Section 30-3-35.5.
17 [(3)] (4) Once the visitation schedule has been established, the parties may not alter the
18 schedule except by mutual consent of the parties or a court order.
19 Section 3. Section 30-3-35 is amended to read:
20 30-3-35. Minimum schedule for visitation for children 5 to 18 years of age.
21 (1) The visitation schedule [shall apply] in this section applies to [school-age] children[,
22 ages 5-18, beginning with kindergarten] 5 to 18 years of age.
23 (2) If the parties do not agree to a visitation schedule, the following schedule shall be
24 considered the minimum visitation to which the noncustodial parent and the child shall be entitled:
25 (a) one weekday evening to be specified by the noncustodial parent or the court from 5:30
26 p.m. until 8:30 p.m;
27 (b) alternating weekends beginning on the first weekend after the entry of the decree from
28 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
29 (c) holidays take precedence over the weekend visitation, and changes shall not be made
30 to the regular rotation of the alternating weekend visitation schedule;
31 (d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be

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1 responsible for the child's attendance at school for that school day;
2 (e) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period
3 extends beyond that time so that the child is free from school and the parent is free from work, the
4 noncustodial parent shall be entitled to this lengthier holiday period;
5 (f) in years ending in an odd number, the noncustodial parent is entitled to the following
6 holidays:
7 (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until
8 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the
9 birthday;
10 (ii) Human Rights Day beginning 6 p.m. the day before the holiday until 7 p.m. on the
11 holiday;
12 (iii) Easter holiday beginning at 6 p.m. on Friday until Sunday at 7 p.m., unless the holiday
13 extends for a lengthier period of time to which the noncustodial parent is completely entitled;
14 (iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
15 extends for a lengthier period of time to which the noncustodial parent is completely entitled;
16 (v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
17 (vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
18 holiday; and
19 (vii) the first portion of the Christmas school vacation as defined in Subsection
20 30-3-32(3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday
21 is equally divided;
22 (g) in years ending in an even number, the noncustodial parent is entitled to the following
23 holidays:
24 (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion
25 of the noncustodial parent, he may take other siblings along for the birthday;
26 [(ii) New Year's Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
27 holiday;]
28 [(iii)] (ii) President's Day beginning at 6 p.m. the day before the holiday until 7 p.m. on
29 the holiday;
30 [(iv)] (iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the
31 holiday;

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1 [(v)] (iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the
2 holiday extends for a lengthier period of time to which the noncustodial parent is completely
3 entitled;
4 [(vi)] (v) the fall school break, if applicable, commonly known as U.E.A. weekend
5 beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier
6 period of time to which the noncustodial parent is completely entitled;
7 [(vii)] (vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on
8 the holiday;
9 [(viii)] (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m;
10 and
11 [(ix)] (viii) the second portion of the Christmas school vacation as defined in Subsection
12 30-3-32(3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long as the entire Christmas
13 holiday is equally divided;
14 (h) Father's Day shall be spent with the natural or adoptive father every year beginning at
15 9 a.m. until 7 p.m. on the holiday;
16 (i) Mother's Day shall be spent with the natural or adoptive mother every year beginning
17 at 9 a.m. until 7 p.m. on the holiday;
18 (j) extended visitation with the noncustodial parent may be:
19 (i) up to four weeks consecutive at the option of the noncustodial parent;
20 (ii) two weeks shall be uninterrupted time for the noncustodial parent; and
21 (iii) the remaining two weeks shall be subject to visitation for the custodial parent
22 consistent with these guidelines;
23 (k) the custodial parent shall have an identical two week period of uninterrupted time
24 during the children's summer vacation from school for purposes of vacation;
25 (l) if the child is enrolled in year-round school, the noncustodial parent's extended
26 visitation shall be 1/2 of the vacation time for year-round school breaks, provided the custodial
27 parent has holiday and phone visits;
28 (m) notification of extended visitation or vacation weeks with the child shall be provided
29 at least 30 days in advance to the other parent; and
30 (n) telephone contact shall be at reasonable hours and for reasonable duration.
31 Section 4. Section 30-3-35.5 is enacted to read:

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1 30-3-35.5. Minimum schedule for visitation for children under five years of age.
2 (1) The visitation schedule in this section applies to children under five years old.
3 (2) If the parties do not agree to a visitation schedule, the following schedule shall be
4 considered the minimum visitation to which the noncustodial parent and the child shall be entitled:
5 (a) for children under five months of age:
6 (i) six hours of visitation per week to be specified by the court or the noncustodial parent
7 preferably:
8 (A) divided into three visitation periods; and
9 (B) in the custodial home, established child care setting, or other environment familiar to
10 the child;
11 (ii) two hours on holidays and in the years specified in Subsections 30-3-35(f) through (i)
12 preferably in the custodial home, the established child care setting, or other environment familiar
13 to the child;
14 (b) for children five months of age or older, but younger than 10 months of age:
15 (i) nine hours of visitation per week to be specified by the court or the noncustodial parent
16 preferably:
17 (A) divided into three visitation periods; and
18 (B) in the custodial home, established child care setting, or other environment familiar to
19 the child.
20 (ii) two hours on the holidays and in the years specified in Subsections 30-3-35(f) through
21 (i) preferably in the custodial home, the established child care setting, or other environment
22 familiar to the child;
23 (c) for children 10 months of age or older, but younger than 18 months of age:
24 (i) one eight hour visit per week to be specified by the noncustodial parent or court;
25 (ii) one three hour visit per week to be specified by the noncustodial parent or court;
26 (iii) eight hours on the holidays and in the years specified in Subsections 30-3-5(f) through
27 (i); and
28 (iv) brief phone contact with the noncustodial parent at least two times per week;
29 (d) for children 18 months of age or older, but younger than three years of age:
30 (i) one weekday evening for two hours between 5:30 p.m. and 8:30 p.m. to be specified
31 by the noncustodial parent or court;

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1 (ii) alternative weekends beginning on the first weekend after the entry of the decree from
2 6:00 p.m. on Friday until 7:00 p.m. on Sunday continuing each year;
3 (iii) visitation on holidays as specified in Subsections 30-3-35(c) through (i);
4 (iv) extended visitation may be:
5 (A) two one-week periods, separated by at least four weeks, at the option of the
6 noncustodial parent;
7 (B) one week shall be uninterrupted time for the noncustodial parent;
8 (C) the remaining week shall be subject to visitation for the custodial parent consistent
9 with these guidelines; and
10 (D) the custodial parent shall have an identical one-week period of uninterrupted time for
11 vacation; and
12 (v) brief phone contact with the noncustodial parent at least two times per week;
13 (e) for children three years of age or older, but younger than five years of age:
14 (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
15 noncustodial parent or court;
16 (ii) alternative weekends beginning on the first weekend after the entry of the decree from
17 6:00 p.m. on Friday until 7:00 p.m. on Sunday continuing each year;
18 (iii) visitation on holidays as specified in Subsections 30-3-35(c) through (i);
19 (iv) extended visitation with the noncustodial parent may be:
20 (A) two two-week periods, separated by at least four weeks, at the option of the
21 noncustodial parent;
22 (B) one two-week period shall be uninterrupted time for the noncustodial parent;
23 (C) the remaining two-week period shall be subject to visitation for the custodial parent
24 consistent with these guidelines; and
25 (D) the custodial parent shall have an identical two-week period of uninterrupted time for
26 vacation; and
27 (v) brief phone contact with the noncustodial parent at least two times per week.
28 (3) A parent shall notify the other parent at least 30 days in advance of extended visitation
29 or vacation weeks.
30 (4) Telephone contact shall be at reasonable hours and for reasonable duration.

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