H.B. 242 Enrolled

CHILD VISITATION GUIDELINES
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Martin R. Stephens
AN ACT RELATING TO HUSBAND AND WIFE; CHANGING VISITATION GUIDELINES
FOR WEEKENDS SO THAT THEY MAY BEGIN AFTER A CHILD'S SCHOOL IS
DISMISSED ON FRIDAY; MAKING THE GUIDELINES FOR HUMAN RIGHTS DAY AND
PRESIDENT'S DAY THE SAME AS FOR OTHER THREE-DAY WEEKENDS; AND
PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-35, as last amended by Chapter 80, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-35 is amended to read:
30-3-35. Minimum schedule for visitation for children 5 to 18 years of age.
(1) The visitation schedule in this section applies to children 5 to 18 years of age.
(2) If the parties do not agree to a visitation schedule, the following schedule shall be
considered the minimum visitation to which the noncustodial parent and the child shall be entitled:
(a) (i) one weekday evening to be specified by the noncustodial parent or the court from
5:30 p.m. until 8:30 p.m.; or
(ii) at the election of the noncustodial parent, one weekday from the 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 of the decree
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; or
(ii) at the election of the noncustodial parent, from the time the 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) holidays take precedence over the weekend visitation, and changes shall not be made
to the regular rotation of the alternating weekend visitation schedule;

(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be
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 total holiday period
extends beyond that time so that the child is free from school and the parent is free from work, the
noncustodial parent shall be entitled to this lengthier holiday period; or
(ii) at the election of the noncustodial parent, visitation 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;
(f) in years ending in an odd number, the noncustodial parent is entitled to the following
holidays:
(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9
p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
(ii) Human Rights Day beginning 6 p.m. [the day before the holiday] on Friday until Monday
at 7 p.m. [on] unless the holiday extends for a lengthier period of time to which the noncustodial
parent is completely entitled;
(iii) [Easter holiday beginning at 6 p.m. on Friday until Sunday at 7 p.m., unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled] spring
break or Easter holiday beginning at 6 p.m. on the day school lets out for 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 the noncustodial parent is completely entitled;
(v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
(vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
holiday; and
(vii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32 (3)(b)
plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is equally divided;
(g) in years ending in an even number, the noncustodial parent is entitled to the following
holidays:

- 2 -

(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the
noncustodial parent, he may take other siblings along for the birthday;
(ii) President's Day beginning at 6 p.m. [the day before the holiday] on Friday until 7 p.m. on
Monday unless the holiday extends for a lengthier period of time to which the noncustodial parent
is completely entitled;
(iii) July 4th beginning at 6 p.m. the day before the holiday until 11 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 the noncustodial 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. unless the holiday extends for a lengthier period of time
to which the noncustodial parent is completely entitled;
(vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and
(viii) the second portion of the Christmas school vacation as defined in 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's Day shall be spent with the natural or adoptive father every year beginning at 9
a.m. until 7 p.m. on the holiday;
(i) Mother's Day shall be spent with the natural or adoptive mother every year beginning at
9 a.m. until 7 p.m. on the holiday;
(j) extended visitation with the noncustodial parent may be:
(i) up to four weeks consecutive at the option of the noncustodial parent;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to visitation for the custodial parent consistent
with these guidelines;
(k) the custodial parent shall have an identical two-week period of uninterrupted time during
the children's summer vacation from school for purposes of vacation;
(l) if the child is enrolled in year-round school, the noncustodial parent's extended visitation

- 3 -

shall be 1/2 of the vacation time for year-round school breaks, provided the custodial parent has
holiday and phone visits;
(m) notification of extended visitation or vacation weeks with the child shall be provided at
least 30 days in advance to the other parent; and
(n) telephone contact shall be at reasonable hours and for reasonable duration.
(3) Any elections required to be made in accordance with this section by either parent
concerning visitation shall be made a part of the decree and made a part of the visitation order.
Section 2. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

- 4 -