1     
PARENT-TIME AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: J. Stuart Adams

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to parent-time.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses parent-time when children's school schedules differ; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          30-3-32, as last amended by Laws of Utah 2014, Chapter 239
21          30-3-35, as last amended by Laws of Utah 2010, Chapter 228
22          30-3-35.1, as enacted by Laws of Utah 2015, Chapter 18
23          30-3-35.5, as last amended by Laws of Utah 2010, Chapter 228
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 30-3-32 is amended to read:
27          30-3-32. Parent-time -- Intent -- Policy -- Definitions.
28          (1) It is the intent of the Legislature to promote parent-time at a level consistent with
29     all parties' interests.
30          (2) (a) A court shall consider as primary the safety and well-being of the child and the
31     parent who experiences domestic or family violence.
32          (b) Absent a showing by a preponderance of evidence of real harm or substantiated
33     potential harm to the child:
34          (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
35     have frequent, meaningful, and continuing access to each parent following separation or
36     divorce;
37          (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
38     frequent, meaningful, and continuing access with [his] the parent's child consistent with the
39     child's best interests; and
40          (iii) it is in the best interests of the child to have both parents actively involved in
41     parenting the child.
42          (c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 1, Cohabitant
43     Abuse Act, shall be considered evidence of real harm or substantiated potential harm to the
44     child.
45          (3) For purposes of Sections 30-3-32 through 30-3-37:
46          (a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
47          (b) Subject to Subsection (5), "Christmas school vacation" means:
48          (i) for a single child, the time period beginning on the evening the child [gets out of] is
49     released from school for the Christmas or winter school break [until] and ending the evening
50     before the child returns to school[.]; and
51          (ii) for multiple children when the children's school schedules differ, the time period
52     beginning on the first evening all children's schools are released for the Christmas or winter
53     school break and ending the evening before any of the children returns to school.
54          (c) "Extended parent-time" means a period of parent-time other than a weekend,
55     holiday as provided in Subsections 30-3-35(2)(f) and (2)(g), religious holidays as provided in
56     Subsections 30-3-33(3) and (17), and "Christmas school vacation."
57          (d) "Supervised parent-time" means parent-time that requires the noncustodial parent to
58     be accompanied during parent-time by an individual approved by the court.
59          (e) "Surrogate care" means care by any individual other than the parent of the child.
60          (f) "Uninterrupted time" means parent-time exercised by one parent without
61     interruption at any time by the presence of the other parent.
62          (g) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
63     email, instant messaging, video conferencing, and other wired or wireless technologies over the
64     Internet or other communication media to supplement in-person visits between a noncustodial
65     parent and a child or between a child and the custodial parent when the child is staying with the
66     noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
67     parent-time.
68          (4) If a parent relocates because of an act of domestic violence or family violence by
69     the other parent, the court shall make specific findings and orders with regards to the
70     application of Section 30-3-37.
71          (5) A Christmas school vacation shall be divided equally as required by Section
72     30-3-35.
73          Section 2. Section 30-3-35 is amended to read:
74          30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
75          (1) The parent-time schedule in this section applies to children 5 to 18 years of age.
76          (2) If the parties do not agree to a parent-time schedule, the following schedule shall be
77     considered the minimum parent-time to which the noncustodial parent and the child shall be
78     entitled.
79          (a) (i) (A) One weekday evening to be specified by the noncustodial parent or the court,
80     or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
81          (B) at the election of the noncustodial parent, one weekday from the time the child's
82     school is regularly dismissed until 8:30 p.m., unless the court directs the application of
83     Subsection (2)(a)(i); or
84          (C) at the election of the noncustodial parent, if school is not in session, one weekday
85     from approximately 9 a.m., accommodating the custodial parent's work schedule, until 8:30
86     p.m. if the noncustodial parent is available to be with the child, unless the court directs the
87     application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
88          (ii) Once the election of the weekday for the weekday evening parent-time is made, it
89     may not be changed except by mutual written agreement or court order.
90          (b) (i) (A) Alternating weekends beginning on the first weekend after the entry of the
91     decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
92          (B) at the election of the noncustodial parent, from the time the child's school is
93     regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of
94     Subsection (2)(b)(i)(A); or
95          (C) at the election of the noncustodial parent, if school is not in session, on Friday from
96     approximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. on
97     Sunday, if the noncustodial parent is available to be with the child unless the court directs the
98     application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
99          (ii) A step-parent, grandparent, or other responsible adult designated by the
100     noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
101     individual, and the parent will be with the child by 7 p.m.
102          (iii) [Elections] An election should be made by the noncustodial parent at the time of
103     entry of the divorce decree or court order, and may be changed by mutual agreement, court
104     order, or by the noncustodial parent in the event of a change in the child's schedule.
105          (iv) Weekends include any "snow" days, teacher development days, or other days when
106     school is not scheduled and which are contiguous to the weekend period.
107          (c) Holidays include any "snow" days, teacher development days after the children
108     begin the school year, or other days when school is not scheduled, contiguous to the holiday
109     period, and take precedence over the weekend parent-time. Changes may not be made to the
110     regular rotation of the alternating weekend parent-time schedule[;], however[,]:
111          (i) birthdays take precedence over holidays and extended parent-time, except Mother's
112     Day and Father's Day; and
113          (ii) birthdays do not take precedence over uninterrupted parent-time if the parent
114     exercising uninterrupted time takes the child away from that parent's residence for the
115     uninterrupted extended parent-time.
116          (d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall
117     be responsible for the child's attendance at school for that school day.
118          (e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
119     period extends beyond that time so that the child is free from school and the parent is free from
120     work, the noncustodial parent shall be entitled to this lengthier holiday period.
121          (ii) (A) At the election of the noncustodial parent, parent-time over a scheduled holiday
122     weekend may begin from the time the child's school is regularly dismissed at the beginning of
123     the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
124          (B) at the election of the noncustodial parent, if school is not in session, parent-time
125     over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the
126     custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last
127     day of the holiday weekend, if the noncustodial parent is available to be with the child unless
128     the court directs the application of Subsection (2)(e)(ii)(A).
129          (iii) A step-parent, grandparent, or other responsible individual designated by the
130     noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
131     individual, and the parent will be with the child by 7 p.m.
132          (iv) [Elections] An election should be made by the noncustodial parent at the time of
133     the divorce decree or court order, and may be changed by mutual agreement, court order, or by
134     the noncustodial parent in the event of a change in the child's schedule.
135          (f) In years ending in an odd number, the noncustodial parent is entitled to the
136     following holidays:
137          (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m.
138     until 9 p.m.[;], at the discretion of the noncustodial parent, [he] the noncustodial parent may
139     take other siblings along for the birthday;
140          (ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless
141     the holiday extends for a lengthier period of time to which the noncustodial parent is
142     completely entitled;
143          (iii) subject to Subsection (2)(i), spring break beginning at 6 p.m. on the day school lets
144     out for the holiday until 7 p.m. on the [Sunday] evening before school resumes;
145          (iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6
146     p.m. on the day following the holiday, at the option of the parent exercising the holiday;
147          (v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
148     extends for a lengthier period of time to which the noncustodial parent is completely entitled;
149          (vi) the fall school break, if applicable, commonly known as U.E.A. weekend
150     beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a
151     lengthier period of time to which the noncustodial parent is completely entitled;
152          (vii) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on
153     the holiday; and
154          (viii) the first portion of the Christmas school vacation as defined in Subsection
155     30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day
156     halfway through the holiday period, if there are an odd number of days for the holiday period,
157     or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire
158     holiday period is equally divided.
159          (g) In years ending in an even number, the noncustodial parent is entitled to the
160     following holidays:
161          (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.[;], at the
162     discretion of the noncustodial parent, [he] the noncustodial parent may take other siblings
163     along for the birthday;
164          (ii) President's Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the
165     holiday extends for a lengthier period of time to which the noncustodial parent is completely
166     entitled;
167          (iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the
168     holiday extends for a lengthier period of time to which the noncustodial parent is completely
169     entitled;
170          (iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later
171     than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
172          (v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
173     holiday;
174          (vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the
175     local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
176          (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
177          (viii) the second portion of the Christmas school vacation as defined in Subsection
178     30-3-32(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an
179     odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for
180     the holiday period, so long as the entire Christmas holiday period is equally divided.
181          (h) The custodial parent is entitled to the odd year holidays in even years and the even
182     year holidays in odd years.
183          (i) If there is more than one child and the children's school schedules vary for purpose
184     of a holiday, it is presumed that the children will remain together for the holiday period
185     beginning the first evening all children's schools are let out for the holiday and ending the
186     evening before any child returns to school.
187          [(i)] (j) Father's Day shall be spent with the natural or adoptive father every year
188     beginning at 9 a.m. until 7 p.m. on the holiday.
189          [(j)] (k) Mother's Day shall be spent with the natural or adoptive mother every year
190     beginning at 9 a.m. until 7 p.m. on the holiday.
191          [(k)] (l) Extended parent-time with the noncustodial parent may be:
192          (i) up to four consecutive weeks when school is not in session at the option of the
193     noncustodial parent, including weekends normally exercised by the noncustodial parent, but
194     not holidays;
195          (ii) two weeks shall be uninterrupted time for the noncustodial parent; and
196          (iii) the remaining two weeks shall be subject to parent-time for the custodial parent for
197     weekday parent-time but not weekends, except for a holiday to be exercised by the other
198     parent.
199          [(l)] (m) The custodial parent shall have an identical two-week period of uninterrupted
200     time when school is not in session for purposes of vacation.
201          [(m)] (n) Both parents shall provide notification of extended parent-time or vacation
202     weeks with the child at least 30 days [prior to] before the end of the child's school year to the
203     other parent and if notification is not provided timely the complying parent may determine the
204     schedule for extended parent-time for the noncomplying parent.
205          [(n)] (o) Telephone contact shall be at reasonable hours and for a reasonable duration.
206          [(o)] (p) Virtual parent-time, if the equipment is reasonably available and the parents
207     reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration,
208     provided that if the parties cannot agree on whether the equipment is reasonably available, the
209     court shall decide whether the equipment for virtual parent-time is reasonably available, taking
210     into consideration:
211          (i) the best interests of the child;
212          (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
213          (iii) any other factors the court considers material.
214          (3) [Any elections] An election required to be made in accordance with this section by
215     either parent concerning parent-time shall be made a part of the decree and made a part of the
216     parent-time order.
217          (4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended
218     beyond the hours designated in Subsection (2)(g)(vi).
219          Section 3. Section 30-3-35.1 is amended to read:
220          30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
221          (1) The optional parent-time schedule in this section applies to children 5 to 18 years of
222     age. This schedule is 145 overnights. Any impact on child support shall be consistent with
223     Subsection 78B-12-102(14).
224          (2) The parents and the court may consider the following increased parent-time
225     schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the
226     following:
227          (a) the noncustodial parent has been actively involved in the child's life;
228          (b) the parties are able to communicate effectively regarding the child, or the
229     noncustodial parent has a plan to accomplish effective communications regarding the child;
230          (c) the noncustodial parent has the ability to facilitate the increased parent-time;
231          (d) the increased parent-time would be in the best interest of the child; and
232          (e) any other factor the court considers relevant.
233          (3) In determining whether a noncustodial parent has been actively involved in the
234     child's life, the court shall consider:
235          (a) demonstrated responsibility in caring for the child;
236          (b) involvement in day care;
237          (c) presence or volunteer efforts in the child's school and at extracurricular activities;
238          (d) assistance with the child's homework;
239          (e) involvement in preparation of meals, bath time, and bedtime for the child;
240          (f) bonding with the child; and
241          (g) any other factor the court considers relevant.
242          (4) In determining whether a noncustodial parent has the ability to facilitate the
243     increased parent-time, the court shall consider:
244          (a) the geographic distance between the residences of the parents and the distance
245     between the parents' residences and the child's school;
246          (b) the noncustodial parent's ability to assist with after school care;
247          (c) the health of the child and the noncustodial parent, consistent with Subsection
248     30-3-10(4);
249          (d) flexibility of employment or other schedule of the parent;
250          (e) ability to provide appropriate playtime with the child;
251          (f) history and ability of the parent to implement a flexible schedule for the child;
252          (g) physical facilities of the noncustodial parent's residence; and
253          (h) any other factor the court considers relevant.
254          (5) [Any elections] An election required to be made in accordance with this section by
255     either parent concerning parent-time shall be made a part of the decree and made a part of the
256     parent-time order. [Elections] An election may only be changed by mutual agreement, court
257     order, or by the noncustodial parent in the event of a change in the child's schedule.
258          (6) If the parties agree or the court enters an order for the optional parent-time schedule
259     as set forth in this section, a parenting plan in compliance with Sections 30-3-10.7 through
260     30-3-10.10 shall be filed with any order incorporating the following optional parent-time
261     schedule:
262          (a) The noncustodial parent or the court may specify one weekday for parent-time. If
263     no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the
264     following day when delivering the child to school, or until 8 a.m., if there is no school the
265     following day. Once the election of the weekday is made, it may only be changed in
266     accordance with Subsection (5). At the election of the noncustodial parent, weekday
267     parent-time may commence:
268          (i) from the time the child's school is regularly dismissed; or
269          (ii) if school is not in session, and the parent is available to be with the child, at
270     approximately 8 a.m., accommodating the custodial parent's work schedule.
271          (b) Beginning on the first weekend after the entry of the decree, the noncustodial parent
272     shall be entitled to alternating weekends beginning on the first weekend after the entry of the
273     decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m.
274     if there is no school on Monday. At the election of the noncustodial parent, weekend
275     parent-time may commence:
276          (i) from the time the child's school is regularly dismissed on Friday; or
277          (ii) if school is not in session, and the parent is available to be with the child, at
278     approximately 8 a.m. on Friday, accommodating the custodial parent's work schedule.
279          (c) [The provisions of] Subsections 30-3-35(2)(f) through [(o) shall be] (p) are
280     incorporated [here] into this section and constitute the parent-time schedule with the exception
281     that all instances that require the noncustodial parent to return the child at any time after 6 p.m.
282     be changed so that the noncustodial parent is required to return the child to school the next
283     morning or at 8 a.m., if there is no school.
284          (7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
285     parent may pick up the child if the custodial parent is aware of the identity of the individual,
286     and if the noncustodial parent will be with the child by 7 p.m.
287          (8) Weekends include any "snow" days, teacher development days, or other days when
288     school is not scheduled and that are contiguous to the weekend period.
289          (9) Holidays include any "snow" days, teacher development days after the child begins
290     the school year, or other days when school is not scheduled, contiguous to the holiday period,
291     and take precedence over weekend parent-time. Changes may not be made to the regular
292     rotation of the alternating weekend parent-time schedule.
293          (a) If a holiday falls on a school day, the noncustodial parent shall be responsible for
294     the child's attendance at school for that school day.
295          (b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
296     period extends beyond that time so that the child is free from school and the parent is free from
297     work, the noncustodial parent shall be entitled to this lengthier holiday period.
298          (c) At the election of the noncustodial parent, parent-time over a scheduled holiday
299     weekend may begin from the time the child's school is dismissed at the beginning of the
300     holiday weekend or, if school is not in session, and if the noncustodial parent is available to be
301     with the child, parent-time over a scheduled holiday weekend may begin at approximately 8
302     a.m., accommodating the custodial parent's work schedule, unless the court directs the
303     application of Subsection (6)(a).
304          (10) Birthdays take precedence over holidays and extended parent-time, except
305     Mother's Day and Father's Day. Birthdays do not take precedence over uninterrupted
306     parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted
307     extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken
308     along for birthdays.
309          (11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended
310     beyond the hours designated in Subsection 30-3-35(2)(g)(vi).
311          (12) If there are children aged 5 to 18 and children under the age of five who are the
312     natural or adopted children of the parties, the parents and the court should consider an upward
313     deviation for parent-time with all the minor children so that parent-time is uniform based on a
314     schedule pursuant to this section.
315          Section 4. Section 30-3-35.5 is amended to read:
316          30-3-35.5. Minimum schedule for parent-time for children under five years of
317     age.
318          (1) The parent-time schedule in this section applies to children under five years old.
319          (2) All holidays in this section refer to the same holidays referenced in Section
320     30-3-35.
321          (3) If the parties do not agree to a parent-time schedule, the following schedule shall be
322     considered the minimum parent-time to which the noncustodial parent and the child shall be
323     entitled.
324          (a) For children under five months of age:
325          (i) six hours of parent-time per week to be specified by the court or the noncustodial
326     parent preferably:
327          (A) divided into three parent-time periods; and
328          (B) in the custodial home, established child care setting, or other environment familiar
329     to the child; and
330          (ii) two hours on holidays and in the years specified in Subsections 30-3-35(2)(f)
331     through [(j)] (k) preferably in the custodial home, the established child care setting, or other
332     environment familiar to the child.
333          (b) For children five months of age or older, but younger than nine months of age:
334          (i) nine hours of parent-time per week to be specified by the court or the noncustodial
335     parent preferably:
336          (A) divided into three parent-time periods; and
337          (B) in the custodial home, established child care setting, or other environment familiar
338     to the child; and
339          (ii) two hours on the holidays and in the years specified in Subsections 30-3-35(2)(f)
340     through [(j)] (k) preferably in the custodial home, the established child care setting, or other
341     environment familiar to the child.
342          (c) For children nine months of age or older, but younger than 12 months of age:
343          (i) one eight hour visit per week to be specified by the noncustodial parent or court;
344          (ii) one three hour visit per week to be specified by the noncustodial parent or court;
345          (iii) eight hours on the holidays and in the years specified in Subsections 30-3-35(2)(f)
346     through [(j)] (k); and
347          (iv) brief telephone contact and other virtual parent-time, if the equipment is
348     reasonably available, with the noncustodial parent at least two times per week, provided that if
349     the parties cannot agree on whether the equipment is reasonably available, the court shall
350     decide whether the equipment for virtual parent-time is reasonably available, taking into
351     consideration:
352          (A) the best interests of the child;
353          (B) each parent's ability to handle any additional expenses for virtual parent-time; and
354          (C) any other factors the court considers material.
355          (d) For children 12 months of age or older, but younger than 18 months of age:
356          (i) one eight-hour visit per alternating weekend to be specified by the noncustodial
357     parent or court;
358          (ii) on opposite weekends from Subsection (3)(d)(i), from 6 p.m. on Friday until noon
359     on Saturday;
360          (iii) one three-hour visit per week to be specified by the noncustodial parent or court;
361          (iv) eight hours on the holidays and in the years specified in Subsections 30-3-35(2)(f)
362     through [(j)] (k); and
363          (v) brief telephone contact and other virtual parent-time, if the equipment is reasonably
364     available, with the noncustodial parent at least two times per week, provided that if the parties
365     cannot agree on whether the equipment is reasonably available, the court shall decide whether
366     the equipment for virtual parent-time is reasonably available, taking into consideration:
367          (A) the best interests of the child;
368          (B) each parent's ability to handle any additional expenses for virtual parent-time; and
369          (C) any other factors the court considers material.
370          (e) For children 18 months of age or older, but younger than three years of age:
371          (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
372     noncustodial parent or court; however, if the child is being cared for during the day outside his
373     regular place of residence, the noncustodial parent may, with advance notice to the custodial
374     parent, pick up the child from the caregiver at an earlier time and return him to the custodial
375     parent by 8:30 p.m.;
376          (ii) alternative weekends beginning on the first weekend after the entry of the decree
377     from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
378          (iii) parent-time on holidays as specified in Subsections 30-3-35(2)(c) through [(j)] (k);
379          (iv) extended parent-time may be:
380          (A) two one-week periods, separated by at least four weeks, at the option of the
381     noncustodial parent;
382          (B) one week shall be uninterrupted time for the noncustodial parent;
383          (C) the remaining week shall be subject to parent-time for the custodial parent
384     consistent with these guidelines; and
385          (D) the custodial parent shall have an identical one-week period of uninterrupted time
386     for vacation; and
387          (v) brief telephone contact and virtual parent-time, if the equipment is reasonably
388     available, with the noncustodial parent at least two times per week, provided that if the parties
389     cannot agree on whether the equipment is reasonably available, the court shall decide whether
390     the equipment for virtual parent-time is reasonably available, taking into consideration:
391          (A) the best interests of the child;
392          (B) each parent's ability to handle any additional expenses for virtual parent-time; and
393          (C) any other factors the court considers material.
394          (f) For children three years of age or older, but younger than five years of age:
395          (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
396     noncustodial parent or court; however, if the child is being cared for during the day outside his
397     regular place of residence, the noncustodial parent may, with advance notice to the custodial
398     parent, pick up the child from the caregiver at an earlier time and return him to the custodial
399     parent by 8:30 p.m.;
400          (ii) alternative weekends beginning on the first weekend after the entry of the decree
401     from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
402          (iii) parent-time on holidays as specified in Subsections 30-3-35(2)(c) through [(j)] (k);
403          (iv) extended parent-time with the noncustodial parent may be:
404          (A) two two-week periods, separated by at least four weeks, at the option of the
405     noncustodial parent;
406          (B) one two-week period shall be uninterrupted time for the noncustodial parent;
407          (C) the remaining two-week period shall be subject to parent-time for the custodial
408     parent consistent with these guidelines; and
409          (D) the custodial parent shall have an identical two-week period of uninterrupted time
410     for vacation; and
411          (v) brief telephone contact and virtual parent-time, if the equipment is reasonably
412     available, with the noncustodial parent at least two times per week, provided that if the parties
413     cannot agree on whether the equipment is reasonably available, the court shall decide whether
414     the equipment for virtual parent-time is reasonably available, taking into consideration:
415          (A) the best interests of the child;
416          (B) each parent's ability to handle any additional expenses for virtual parent-time; and
417          (C) any other factors the court considers material.
418          (4) A parent shall notify the other parent at least 30 days in advance of extended
419     parent-time or vacation weeks.
420          (5) Virtual parent-time shall be at reasonable hours and for reasonable duration.




Legislative Review Note
Office of Legislative Research and General Counsel