1     
CUSTODY AND PARENT-TIME REVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Lyle W. Hillyard

6     

7     LONG TITLE
8     Committee Note:
9          The Judiciary Interim Committee recommended this bill.
10     General Description:
11          This bill modifies provisions regarding custody and parent-time.
12     Highlighted Provisions:
13          This bill:
14          ▸     rewrites and consolidates some provisions regarding custody;
15          ▸     addresses custody of children and factors the court may consider;
16          ▸     addresses joint legal custody, joint physical custody, and factors the court shall
17     consider in making a determination;
18          ▸     addresses parent-time;
19          ▸     permits a court to rely on divorce custody and parent-time provisions in a parentage
20     act judicial proceeding; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          30-3-10, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
29          30-3-10.2, as last amended by Laws of Utah 2005, Chapter 142
30          30-3-10.4, as last amended by Laws of Utah 2017, Chapter 224
31          30-3-32, as last amended by Laws of Utah 2017, Chapter 120
32          30-3-34, as last amended by Laws of Utah 2015, Chapter 18
33          30-3-35, as last amended by Laws of Utah 2018, Chapter 39
34          30-3-35.1, as last amended by Laws of Utah 2018, Chapter 96
35          78A-6-104, as renumbered and amended by Laws of Utah 2008, Chapter 3
36          78B-15-610, as last amended by Laws of Utah 2015, Chapter 45
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 30-3-10 is amended to read:
40          30-3-10. Custody of a child -- Custody factors.
41          [(1) If a married couple having one or more minor children are separated, or their
42     marriage is declared void or dissolved, the court shall make an order for the future care and
43     custody of the minor children as it considers appropriate.]
44          [(a) In determining any form of custody, including a change in custody, the court shall
45     consider the best interests of the child without preference for either parent solely because of the
46     biological sex of the parent and, among other factors the court finds relevant, the following:]
47          [(i) in accordance with Subsection (7), the past conduct and demonstrated moral
48     standards of each of the parties;]
49          [(ii) which parent is most likely to act in the best interest of the child, including
50     allowing the child frequent and continuing contact with the noncustodial parent;]
51          [(iii) the extent of bonding between the parent and child, meaning the depth, quality,
52     and nature of the relationship between a parent and child;]
53          [(iv) whether the parent has intentionally exposed the child to pornography or material
54     harmful to a minor, as defined in Section 76-10-1201; and]
55          [(v) those factors outlined in Section 30-3-10.2.]
56          (1) If a married couple having one or more minor children are separated, or the married
57     couple's marriage is declared void or dissolved, the court shall enter, and has continuing
58     jurisdiction to modify, an order of custody and parent-time.
59          (2) In determining any form of custody and parent-time under Subsection (1), the court
60     shall consider the best interest of the child and may consider among other factors the court
61     finds relevant, the following for each parent:
62          (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
63     abuse, involving the child, the parent, or a household member of the parent;
64          (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
65     the developmental needs of the child, including the child's:
66          (i) physical needs;
67          (ii) emotional needs;
68          (iii) educational needs;
69          (iv) medical needs; and
70          (v) any special needs;
71          (c) the parent's capacity and willingness to function as a parent, including:
72          (i) parenting skills;
73          (ii) co-parenting skills, including:
74          (A) ability to appropriately communicate with the other parent;
75          (B) ability to encourage the sharing of love and affection; and
76          (C) willingness to allow frequent and continuous contact between the child and the
77     other parent, except that, if the court determines that the parent is acting to protect the child
78     from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
79     consideration; and
80          (iii) ability to provide personal care rather than surrogate care;
81          (d) in accordance with Subsection (10), the past conduct and demonstrated moral
82     character of the parent;
83          (e) the emotional stability of the parent;
84          (f) the parent's inability to function as a parent because of drug abuse, excessive
85     drinking, or other causes;
86          (g) whether the parent has intentionally exposed the child to pornography or material
87     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;
88          (h) the parent's reasons for having relinquished custody or parent-time in the past;
89          (i) duration and depth of desire for custody or parent-time;
90          (j) the parent's religious compatibility with the child;
91          (k) the parent's financial responsibility;
92          (l) the child's interaction and relationship with step-parents, extended family members
93     of other individuals who may significantly affect the child's best interests;
94          (m) who has been the primary caretaker of the child;
95          (n) previous parenting arrangements in which the child has been happy and
96     well-adjusted in the home, school, and community;
97          (o) the relative benefit of keeping siblings together;
98          (p) the stated wishes and concerns of the child, taking into consideration the child's
99     cognitive ability and emotional maturity;
100          (q) the relative strength of the child's bond with the parent, meaning the depth, quality,
101     and nature of the relationship between the parent and the child; and
102          (r) any other factor the court finds relevant.
103          [(b)] (3) There is a rebuttable presumption that joint legal custody, as defined in
104     Section 30-3-10.1, is in the best interest of the child, except in cases [where] when there is:
105          [(i) domestic violence in the home or in the presence of the child;]
106          (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
107     abuse involving the child, a parent, or a household member of the parent;
108          [(ii)] (b) special physical or mental needs of a parent or child, making joint legal
109     custody unreasonable;
110          [(iii)] (c) physical distance between the residences of the parents, making joint decision
111     making impractical in certain circumstances; or
112          [(iv)] (d) any other factor the court considers relevant including those listed in this
113     section and Section 30-3-10.2.
114          [(c)] (4) (i) The person who desires joint legal custody shall file a proposed parenting
115     plan in accordance with Sections 30-3-10.8 and 30-3-10.9.
116          (ii) A presumption for joint legal custody may be rebutted by a showing by a
117     preponderance of the evidence that it is not in the best interest of the child.
118          [(d)] (5) (a) A child may not be required by either party to testify unless the trier of fact
119     determines that extenuating circumstances exist that would necessitate the testimony of the
120     child be heard and there is no other reasonable method to present the child's testimony.
121          [(e)] (b) (i) The court may inquire of the child's and take into consideration the [the]
122     child's desires regarding future custody or parent-time schedules, but the expressed desires are
123     not controlling and the court may determine the children's custody or parent-time otherwise.
124          (ii) The desires of a child 14 years of age or older shall be given added weight, but is
125     not the single controlling factor.
126          [(f)] (c) (i) If an interview with a child is conducted by the court pursuant to Subsection
127     [(1)(e)] (5)(b), the interview shall be conducted by the judge in camera.
128          (ii) The prior consent of the parties may be obtained but is not necessary if the court
129     finds that an interview with a child is the only method to ascertain the child's desires regarding
130     custody.
131          [(2) In awarding custody, the court shall consider, among other factors the court finds
132     relevant, which parent is most likely to act in the best interests of the child, including allowing
133     the child frequent and continuing contact with the noncustodial parent as the court finds
134     appropriate.]
135          [(3) If the court finds that one parent does not desire custody of the child, the court
136     shall take that evidence into consideration in determining whether to award custody to the other
137     parent.]
138          [(4)] (6) (a) Except as provided in Subsection [(4)] (6)(b), a court may not discriminate
139     against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or
140     determining whether a substantial change has occurred for the purpose of modifying an award
141     of custody.
142          (b) The court may not consider the disability of a parent as a factor in awarding custody
143     or modifying an award of custody based on a determination of a substantial change in
144     circumstances, unless the court makes specific findings that:
145          (i) the disability significantly or substantially inhibits the parent's ability to provide for
146     the physical and emotional needs of the child at issue; and
147          (ii) the parent with a disability lacks sufficient human, monetary, or other resources
148     available to supplement the parent's ability to provide for the physical and emotional needs of
149     the child at issue.
150          (c) Nothing in this section may be construed to apply to adoption proceedings under
151     Title 78B, Chapter 6, Part 1, Utah Adoption Act.
152          (7) This section does not establish a preference for either parent solely because of the
153     gender of the parent.
154          [(5)] (8) This section establishes neither a preference nor a presumption for or against
155     joint physical custody or sole physical custody, but allows the court and the family the widest
156     discretion to choose a parenting plan that is in the best interest of the child.
157          [(6)] (9) When an issue before the court involves custodial responsibility in the event
158     of a deployment of one or both parents who are servicemembers, and the servicemember has
159     not yet been notified of deployment, the court shall resolve the issue based on the standards in
160     Sections 78B-20-306 through 78B-20-309.
161          [(7)] (10) In considering the past conduct and demonstrated moral standards of each
162     party under Subsection [(1)(a)(i)] (2)(d) or any other factor a court finds relevant, the court may
163     not discriminate against a parent because of or otherwise consider the parent's:
164          (a) lawful possession or use of cannabis in a medicinal dosage form, a cannabis
165     product in a medicinal dosage form, or a medical cannabis device, in accordance with Title 26,
166     Chapter 61a, Utah Medical Cannabis Act, except as it relates to that parent's ability to care for a
167     child; or
168          (b) status as a:
169          (i) cannabis production establishment agent, as that term is defined in Section
170     4-41a-102;
171          (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102;
172          (iii) state central fill agent, as that term is defined in Section 26-61a-102; or
173          (iv) medical cannabis cardholder in accordance with Title 26, Chapter 61a, Utah
174     Medical Cannabis Act.
175          Section 2. Section 30-3-10.2 is amended to read:
176          30-3-10.2. Joint custody order -- Factors for court determination -- Public
177     assistance.
178          (1) The court may order joint legal custody or joint physical custody or both if one or
179     both parents have filed a parenting plan in accordance with Section 30-3-10.8 and [it] the court
180     determines that joint legal custody or joint physical custody or both is in the best interest of the
181     child.
182          (2) In determining whether the best interest of a child will be served by ordering joint
183     legal custody or joint physical custody or both, the court shall consider the custody factors in
184     Section 30-3-10 and the following factors:
185          (a) whether the physical, psychological, and emotional needs and development of the
186     child will benefit from joint legal custody or joint physical custody or both;
187          (b) the ability of the parents to give first priority to the welfare of the child and reach
188     shared decisions in the child's best interest;
189          [(c) whether each parent is capable of encouraging and accepting a positive
190     relationship between the child and the other parent, including the sharing of love, affection, and
191     contact between the child and the other parent;]
192          (c) co-parenting skills, including:
193          (i) ability to appropriately communicate with the other parent;
194          (ii) ability to encourage the sharing of love and affection; and
195          (iii) willingness to allow frequent and continuous contact between the child and the
196     other parent, except that, if the court determines that the parent is acting to protect the child
197     from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
198     consideration; and
199          (d) whether both parents participated in raising the child before the divorce;
200          (e) the geographical proximity of the homes of the parents;
201          (f) the preference of the child if the child is of sufficient age and capacity to reason so
202     as to form an intelligent preference as to joint legal custody or joint physical custody or both;
203          (g) the maturity of the parents and their willingness and ability to protect the child from
204     conflict that may arise between the parents;
205          (h) the past and present ability of the parents to cooperate with each other and make
206     decisions jointly; and
207          [(i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and]
208          [(j)] (i) any other [factors] factor the court finds relevant.
209          (3) The determination of the best interest of the child shall be by a preponderance of
210     the evidence.
211          (4) The court shall inform both parties that an order for joint physical custody may
212     preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment
213     Support Act.
214          (5) The court may order that [where] when possible the parties attempt to settle future
215     disputes by a dispute resolution method before seeking enforcement or modification of the
216     terms and conditions of the order of joint legal custody or joint physical custody through
217     litigation, except in emergency situations requiring ex parte orders to protect the child.
218          Section 3. Section 30-3-10.4 is amended to read:
219          30-3-10.4. Modification or termination of order.
220          (1) On the petition of one or both of the parents, or the joint legal or physical
221     custodians if they are not the parents, the court may, after a hearing, modify or terminate an
222     order that established joint legal custody or joint physical custody if:
223          (a) the verified petition or accompanying affidavit initially alleges that admissible
224     evidence will show that the circumstances of the child or one or both parents or joint legal or
225     physical custodians have materially and substantially changed since the entry of the order to be
226     modified;
227          (b) a modification of the terms and conditions of the order would be an improvement
228     for and in the best interest of the child; and
229          (c) (i) both parents have complied in good faith with the dispute resolution procedure
230     in accordance with Subsection 30-3-10.3(7); or
231          (ii) if no dispute resolution procedure is contained in the order that established joint
232     legal custody or joint physical custody, the court orders the parents to participate in a dispute
233     resolution procedure in accordance with Subsection 30-3-10.2(5) unless the parents certify that,
234     in good faith, they have used a dispute resolution procedure to resolve their dispute.
235          (2) (a) In determining whether the best interest of a child will be served by either
236     modifying or terminating the joint legal custody or joint physical custody order, the court shall,
237     in addition to other factors the court considers relevant, consider the factors outlined in Section
238     30-3-10 and Subsection 30-3-10.2(2).
239          (b) A court order modifying or terminating an existing joint legal custody or joint
240     physical custody order shall contain written findings that:
241          (i) a material and substantial change of circumstance has occurred; and
242          (ii) a modification of the terms and conditions of the order would be an improvement
243     for and in the best interest of the child.
244          (c) The court shall give substantial weight to the existing joint legal custody or joint
245     physical custody order when the child is thriving, happy, and well-adjusted.
246          (3) The court shall, in every case regarding a petition for termination of a joint legal
247     custody or joint physical custody order, consider reasonable alternatives to preserve the
248     existing order in accordance with Subsection 30-3-10[(1)(b)](3). The court may modify the
249     terms and conditions of the existing order in accordance with Subsection 30-3-10[(5)](8) and
250     may order the parents to file a parenting plan in accordance with this chapter.
251          (4) A parent requesting a modification from sole custody to joint legal custody or joint
252     physical custody or both, or any other type of shared parenting arrangement, shall file and serve
253     a proposed parenting plan with the petition to modify in accordance with Section 30-3-10.8.
254          (5) If the court finds that an action under this section is filed or answered frivolously
255     and in a manner designed to harass the other party, the court shall assess attorney fees as costs
256     against the offending party.
257          (6) [When] If an issue before the court involves custodial responsibility in the event of
258     deployment of one or both parents who are servicemembers, and the servicemember has not yet
259     been notified of deployment, the court shall resolve the issue based on the standards in Sections
260     78B-20-306 through 78B-20-309.
261          Section 4. Section 30-3-32 is amended to read:
262          30-3-32. Parent-time -- Intent -- Policy -- Definitions.
263          (1) It is the intent of the Legislature to promote parent-time at a level consistent with
264     all parties' interests.
265          (2) (a) A court shall consider as primary the safety and well-being of the child and the
266     parent who experiences domestic or family violence.
267          (b) Absent a showing by a preponderance of evidence of real harm or substantiated
268     potential harm to the child:
269          (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
270     have frequent, meaningful, and continuing access to each parent following separation or
271     divorce;
272          (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
273     frequent, meaningful, and continuing access with the parent's child consistent with the child's
274     best interests; and
275          (iii) it is in the best interests of the child to have both parents actively involved in
276     parenting the child.
277          (c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 1, Cohabitant
278     Abuse Act, shall be considered evidence of real harm or substantiated potential harm to the
279     child.
280          (3) For purposes of [Sections 30-3-32] this section through Section 30-3-37:
281          (a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
282          (b) Subject to Subsection (5), "Christmas school vacation" means:
283          (i) for a single child, the time period beginning on the evening the child is released
284     from school for the Christmas or winter school break and ending the evening before the child
285     returns to school; and
286          (ii) for multiple children when the children's school schedules differ, at the option of
287     the parent exercising the holiday or the parent's half of the holiday, the time period [beginning]
288     may begin on the first evening all children's schools are released for the Christmas or winter
289     school break and [ending] end the evening before any of the children returns to school.
290          (c) "Extended parent-time" means a period of parent-time other than a weekend,
291     holiday as provided in Subsections 30-3-35(2)(f) and (2)(g), religious holidays as provided in
292     Subsections 30-3-33(3) and (17), and "Christmas school vacation."
293          (d) "Supervised parent-time" means parent-time that requires the noncustodial parent to
294     be accompanied during parent-time by an individual approved by the court.
295          (e) "Surrogate care" means care by any individual other than the parent of the child.
296          (f) "Uninterrupted time" means parent-time exercised by one parent without
297     interruption at any time by the presence of the other parent.
298          (g) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
299     email, instant messaging, video conferencing, and other wired or wireless technologies over the
300     Internet or other communication media to supplement in-person visits between a noncustodial
301     parent and a child or between a child and the custodial parent when the child is staying with the
302     noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
303     parent-time.
304          (4) If a parent relocates because of an act of domestic violence or family violence by
305     the other parent, the court shall make specific findings and orders with regards to the
306     application of Section 30-3-37.
307          (5) A Christmas school vacation shall be divided equally as required by Section
308     30-3-35.
309          Section 5. Section 30-3-34 is amended to read:
310          30-3-34. Parent-time -- Best interests -- Rebuttable presumption.
311          (1) If the parties are unable to agree on a parent-time schedule, the court may establish
312     a parent-time schedule consistent with the best interests of the child.
313          (2) The advisory guidelines as provided in Section 30-3-33 and the parent-time
314     schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best
315     interests of the child unless the court determines that Section 30-3-35.1 should apply. The
316     parent-time schedule shall be considered the minimum parent-time to which the noncustodial
317     parent and the child shall be entitled unless a parent can establish otherwise by a preponderance
318     of the evidence that more or less parent-time should be awarded based upon [any] one or more
319     of the following criteria:
320          (a) parent-time would endanger the child's physical health or mental health, or
321     significantly impair the child's emotional development;
322          (b) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
323     abuse, involving the child, a parent, or a household member of the parent;
324          [(b)] (c) the distance between the residency of the child and the noncustodial parent;
325          [(c)] (d) a [substantiated or unfounded] credible allegation of child abuse has been
326     made;
327          [(d)] (e) the lack of demonstrated parenting skills without safeguards to ensure the
328     child's well-being during parent-time;
329          [(e)] (f) the financial inability of the noncustodial parent to provide adequate food and
330     shelter for the child during periods of parent-time;
331          [(f)] (g) the preference of the child if the court determines the child [to be] is of
332     sufficient maturity;
333          [(g)] (h) the incarceration of the noncustodial parent in a county jail, secure youth
334     corrections facility, or an adult corrections facility;
335          [(h)] (i) shared interests between the child and the noncustodial parent;
336          [(i)] (j) the involvement or lack of involvement of the noncustodial parent in the
337     school, community, religious, or other related activities of the child;
338          [(j)] (k) the availability of the noncustodial parent to care for the child when the
339     custodial parent is unavailable to do so because of work or other circumstances;
340          [(k)] (l) a substantial and chronic pattern of missing, canceling, or denying regularly
341     scheduled parent-time;
342          [(l)] (m) the minimal duration of and lack of significant bonding in the parents'
343     relationship [prior to] before the conception of the child;
344          [(m)] (n) the parent-time schedule of siblings;
345          [(n)] (o) the lack of reasonable alternatives to the needs of a nursing child; and
346          [(o)] (p) any other criteria the court determines relevant to the best interests of the
347     child.
348          (3) The court shall enter the reasons underlying [its] the court's order for parent-time
349     that:
350          (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
351          (b) provides more or less parent-time than a parent-time schedule provided in Section
352     30-3-35 or 30-3-35.5.
353          (4) Once the parent-time schedule has been established, the parties may not alter the
354     schedule except by mutual consent of the parties or a court order.
355          Section 6. Section 30-3-35 is amended to read:
356          30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age.
357          (1) The parent-time schedule in this section applies to children 5 to 18 years of age.
358          (2) If the parties do not agree to a parent-time schedule, the following schedule shall be
359     considered the minimum parent-time to which the noncustodial parent and the child shall be
360     entitled.
361          (a) (i) (A) One weekday evening to be specified by the noncustodial parent or the court,
362     or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
363          (B) at the election of the noncustodial parent, one weekday from the time the child's
364     school is regularly dismissed until 8:30 p.m., unless the court directs the application of
365     Subsection (2)(a)(i); or
366          (C) at the election of the noncustodial parent, if school is not in session, one weekday
367     from approximately 9 a.m., accommodating the custodial parent's work schedule, until 8:30
368     p.m. if the noncustodial parent is available to be with the child, unless the court directs the
369     application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
370          (ii) Once the election of the weekday for the weekday evening parent-time is made, it
371     may not be changed except by mutual written agreement or court order.
372          (b) (i) (A) Alternating weekends beginning on the first weekend after the entry of the
373     decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
374          (B) at the election of the noncustodial parent, from the time the child's school is
375     regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of
376     Subsection (2)(b)(i)(A); or
377          (C) at the election of the noncustodial parent, if school is not in session, on Friday from
378     approximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. on
379     Sunday, if the noncustodial parent is available to be with the child unless the court directs the
380     application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
381          (ii) A step-parent, grandparent, or other responsible adult designated by the
382     noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
383     individual, and the parent will be with the child by 7 p.m.
384          (iii) An election should be made by the noncustodial parent at the time of entry of the
385     divorce decree or court order, and may be changed by mutual agreement, court order, or by the
386     noncustodial parent in the event of a change in the child's schedule.
387          (iv) Weekends include any "snow" days, teacher development days, or other days when
388     school is not scheduled and which are contiguous to the weekend period.
389          (c) Holidays include any "snow" days, teacher development days after the children
390     begin the school year, or other days when school is not scheduled, contiguous to the holiday
391     period, and take precedence over the weekend parent-time. Changes may not be made to the
392     regular rotation of the alternating weekend parent-time schedule, however:
393          (i) birthdays take precedence over holidays and extended parent-time, except Mother's
394     Day and Father's Day; and
395          (ii) birthdays do not take precedence over uninterrupted parent-time if the parent
396     exercising uninterrupted time takes the child away from that parent's residence for the
397     uninterrupted extended parent-time.
398          (d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall
399     be responsible for the child's attendance at school for that school day.
400          (e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
401     period extends beyond that time so that the child is free from school and the parent is free from
402     work, the noncustodial parent shall be entitled to this lengthier holiday period.
403          (ii) (A) At the election of the noncustodial parent, parent-time over a scheduled holiday
404     weekend may begin from the time the child's school is regularly dismissed at the beginning of
405     the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
406          (B) at the election of the noncustodial parent, if school is not in session, parent-time
407     over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the
408     custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last
409     day of the holiday weekend, if the noncustodial parent is available to be with the child unless
410     the court directs the application of Subsection (2)(e)(ii)(A).
411          (iii) A step-parent, grandparent, or other responsible individual designated by the
412     noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
413     individual, and the parent will be with the child by 7 p.m.
414          (iv) An election should be made by the noncustodial parent at the time of the divorce
415     decree or court order, and may be changed by mutual agreement, court order, or by the
416     noncustodial parent in the event of a change in the child's schedule.
417          (f) In years ending in an odd number, the noncustodial parent is entitled to the
418     following holidays:
419          (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m.
420     until 9 p.m., at the discretion of the noncustodial parent, the noncustodial parent may take other
421     siblings along for the birthday;
422          (ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless
423     the holiday extends for a lengthier period of time to which the noncustodial parent is
424     completely entitled;
425          (iii) subject to Subsection (2)(i), spring break beginning at 6 p.m. on the day school lets
426     out for the holiday until 7 p.m. on the evening before school resumes;
427          (iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6
428     p.m. on the day following the holiday, at the option of the parent exercising the holiday;
429          (v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
430     extends for a lengthier period of time to which the noncustodial parent is completely entitled;
431          (vi) the fall school break, if applicable, commonly known as U.E.A. weekend
432     beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a
433     lengthier period of time to which the noncustodial parent is completely entitled;
434          (vii) Veterans Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on
435     the holiday; and
436          (viii) the first portion of the Christmas school vacation as defined in Subsection
437     30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day
438     halfway through the holiday period, if there are an odd number of days for the holiday period,
439     or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire
440     holiday period is equally divided.
441          (g) In years ending in an even number, the noncustodial parent is entitled to the
442     following holidays:
443          (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m., at the discretion
444     of the noncustodial parent, the noncustodial parent may take other siblings along for the
445     birthday;
446          (ii) President's Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the
447     holiday extends for a lengthier period of time to which the noncustodial parent is completely
448     entitled;
449          (iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the
450     holiday extends for a lengthier period of time to which the noncustodial parent is completely
451     entitled;
452          (iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later
453     than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
454          (v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
455     holiday;
456          (vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the
457     local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
458          (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
459          (viii) the second portion of the Christmas school vacation as defined in Subsection
460     30-3-32(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an
461     odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for
462     the holiday period, so long as the entire Christmas holiday period is equally divided.
463          (h) The custodial parent is entitled to the odd year holidays in even years and the even
464     year holidays in odd years.
465          (i) If there is more than one child and the children's school schedules vary for purpose
466     of a holiday, [it is presumed that] at the option of the parent exercising the holiday or the
467     parent's half of the holiday the children [will] may remain together for the holiday period
468     beginning the first evening that all children's schools are let out for the holiday and ending the
469     evening before any child returns to school.
470          (j) Father's Day shall be spent with the natural or adoptive father every year beginning
471     at 9 a.m. until 7 p.m. on the holiday.
472          (k) Mother's Day shall be spent with the natural or adoptive mother every year
473     beginning at 9 a.m. until 7 p.m. on the holiday.
474          (l) Extended parent-time with the noncustodial parent may be:
475          (i) up to four consecutive weeks when school is not in session at the option of the
476     noncustodial parent, including weekends normally exercised by the noncustodial parent, but
477     not holidays;
478          (ii) two weeks shall be uninterrupted time for the noncustodial parent; and
479          (iii) the remaining two weeks shall be subject to parent-time for the custodial parent for
480     weekday parent-time but not weekends, except for a holiday to be exercised by the other
481     parent.
482          (m) The custodial parent shall have an identical two-week period of uninterrupted time
483     when school is not in session for purposes of vacation.
484          (n) Both parents shall provide notification of extended parent-time or vacation weeks
485     with the child at least 30 days before the end of the child's school year to the other parent and if
486     notification is not provided timely the complying parent may determine the schedule for
487     extended parent-time for the noncomplying parent.
488          (o) Telephone contact shall be at reasonable hours and for a reasonable duration.
489          (p) Virtual parent-time, if the equipment is reasonably available and the parents reside
490     at least 100 miles apart, shall be at reasonable hours and for reasonable duration, provided that
491     if the parties cannot agree on whether the equipment is reasonably available, the court shall
492     decide whether the equipment for virtual parent-time is reasonably available, taking into
493     consideration:
494          (i) the best interests of the child;
495          (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
496          (iii) any other factors the court considers material.
497          (3) An election required to be made in accordance with this section by either parent
498     concerning parent-time shall be made a part of the decree and made a part of the parent-time
499     order.
500          (4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended
501     beyond the hours designated in Subsection (2)(g)(vi).
502          Section 7. Section 30-3-35.1 is amended to read:
503          30-3-35.1. Optional schedule for parent-time for children 5 to 18 years of age.
504          (1) The optional parent-time schedule in this section applies to [children] a child 5 to
505     18 years of age. This schedule is 145 overnights. Any impact on child support shall be
506     consistent with Subsection 78B-12-102(15).
507          (2) The parents and the court may consider the following increased parent-time
508     schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the
509     following:
510          (a) the noncustodial parent has been actively involved in the child's life;
511          (b) the parties are able to communicate effectively regarding the child, or the
512     noncustodial parent has a plan to accomplish effective communications regarding the child;
513          (c) the noncustodial parent has the ability to facilitate the increased parent-time;
514          (d) the increased parent-time would be in the best interest of the child; and
515          (e) any other factor the court considers relevant.
516          (3) In determining whether a noncustodial parent has been actively involved in the
517     child's life, the court shall consider:
518          (a) demonstrated responsibility in caring for the child;
519          (b) involvement in [day] child care;
520          (c) presence or volunteer efforts in the child's school and at extracurricular activities;
521          (d) assistance with the child's homework;
522          (e) involvement in preparation of meals, bath time, and bedtime for the child;
523          (f) bonding with the child; and
524          (g) any other factor the court considers relevant.
525          (4) In determining whether a noncustodial parent has the ability to facilitate the
526     increased parent-time, the court shall consider:
527          (a) the geographic distance between the residences of the parents and the distance
528     between the parents' residences and the child's school;
529          (b) the noncustodial parent's ability to assist with after school care;
530          (c) the health of the child and the noncustodial parent, consistent with Subsection
531     30-3-10[(4)](6);
532          (d) flexibility of employment or other schedule of the parent;
533          (e) ability to provide appropriate playtime with the child;
534          (f) history and ability of the parent to implement a flexible schedule for the child;
535          (g) physical facilities of the noncustodial parent's residence; and
536          (h) any other factor the court considers relevant.
537          (5) An election required to be made in accordance with this section by either parent
538     concerning parent-time shall be made a part of the decree and made a part of the parent-time
539     order. An election may only be changed by mutual agreement, court order, or by the
540     noncustodial parent in the event of a change in the child's schedule.
541          (6) If the parties agree or the court enters an order for the optional parent-time schedule
542     as set forth in this section, a parenting plan in compliance with Sections 30-3-10.7 through
543     30-3-10.10 shall be filed with any order incorporating the following optional parent-time
544     schedule[:].
545          (a) The noncustodial parent or the court may specify one weekday for parent-time. If
546     no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the
547     following day when delivering the child to school, or until 8 a.m., if there is no school the
548     following day. Once the election of the weekday is made, it may only be changed in
549     accordance with Subsection (5). At the election of the noncustodial parent, weekday
550     parent-time may commence:
551          (i) from the time the child's school is regularly dismissed; or
552          (ii) if school is not in session, and the parent is available to be with the child, at
553     approximately 8 a.m., accommodating the custodial parent's work schedule.
554          (b) Beginning on the first weekend after the entry of the decree, the noncustodial parent
555     shall be entitled to alternating weekends beginning on the first weekend after the entry of the
556     decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m.
557     if there is no school on Monday. At the election of the noncustodial parent, weekend
558     parent-time may commence:
559          (i) from the time the child's school is regularly dismissed on Friday; or
560          (ii) if school is not in session, and the parent is available to be with the child, at
561     approximately 8 a.m. on Friday, accommodating the custodial parent's work schedule.
562          (c) Subsections 30-3-35(2)(f) through (p) are incorporated into this section and
563     constitute the parent-time schedule with the exception that all instances that require the
564     noncustodial parent to return the child at any time after 6 p.m. be changed so that the
565     noncustodial parent is required to return the child to school the next morning or at 8 a.m., if
566     there is no school.
567          (7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
568     parent may pick up the child if the custodial parent is aware of the identity of the individual,
569     and if the noncustodial parent will be with the child by 7 p.m.
570          (8) Weekends include any "snow" days, teacher development days, or other days when
571     school is not scheduled and that are contiguous to the weekend period.
572          (9) Holidays include any "snow" days, teacher development days after the child begins
573     the school year, or other days when school is not scheduled, contiguous to the holiday period,
574     and take precedence over weekend parent-time. Changes may not be made to the regular
575     rotation of the alternating weekend parent-time schedule.
576          (a) If a holiday falls on a school day, the noncustodial parent shall be responsible for
577     the child's attendance at school for that school day.
578          (b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
579     period extends beyond that time so that the child is free from school and the parent is free from
580     work, the noncustodial parent shall be entitled to this lengthier holiday period.
581          (c) At the election of the noncustodial parent, parent-time over a scheduled holiday
582     weekend may begin from the time the child's school is dismissed at the beginning of the
583     holiday weekend or, if school is not in session, and if the noncustodial parent is available to be
584     with the child, parent-time over a scheduled holiday weekend may begin at approximately 8
585     a.m., accommodating the custodial parent's work schedule, unless the court directs the
586     application of Subsection (6)(a).
587          (10) Birthdays take precedence over holidays and extended parent-time, except
588     Mother's Day and Father's Day. Birthdays do not take precedence over uninterrupted
589     parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted
590     extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken
591     along for birthdays.
592          (11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended
593     beyond the hours designated in Subsection 30-3-35(2)(g)(vi).
594          (12) If there [are children] is a child aged 5 to 18 and [children] a child under the age
595     of five who are the natural or adopted children of the parties, the parents and the court should
596     consider an upward deviation for parent-time with all the minor children so that parent-time is
597     uniform based on a schedule pursuant to this section.
598          Section 8. Section 78A-6-104 is amended to read:
599          78A-6-104. Concurrent jurisdiction -- District court and juvenile court.
600          (1) The district court or other court has concurrent jurisdiction with the juvenile court
601     as follows:
602          (a) when a person who is 18 years of age or older and who is under the continuing
603     jurisdiction of the juvenile court under Section 78A-6-117 violates any federal, state, or local
604     law or municipal ordinance; and
605          (b) in establishing paternity and ordering testing for the purposes of establishing
606     paternity, in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act, with regard
607     to proceedings initiated under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 5,
608     Termination of Parental Rights Act.
609          (2) The juvenile court has jurisdiction over petitions to modify a minor's birth
610     certificate if the court otherwise has jurisdiction over the minor.
611          (3) This section does not deprive the district court of jurisdiction to appoint a guardian
612     for a child, or to determine the support, custody, and parent-time of a child upon writ of habeas
613     corpus or when the question of support, custody, and parent-time is incidental to the
614     determination of a cause in the district court.
615          (4) (a) [Where] When a support, custody, or parent-time award has been made by a
616     district court in a divorce action or other proceeding, and the jurisdiction of the district court in
617     the case is continuing, the juvenile court may acquire jurisdiction in a case involving the same
618     child if the child is dependent, abused, neglected, or otherwise comes within the jurisdiction of
619     the juvenile court under Section 78A-6-103.
620          (b) The juvenile court may, by order, change the custody, subject to Subsection
621     30-3-10[(4)](6), support, parent-time, and visitation rights previously ordered in the district
622     court as necessary to implement the order of the juvenile court for the safety and welfare of the
623     child. The juvenile court order remains in effect so long as the jurisdiction of the juvenile court
624     continues.
625          (c) [When] If a copy of the findings and order of the juvenile court has been filed with
626     the district court, the findings and order of the juvenile court are binding on the parties to the
627     divorce action as though entered in the district court.
628          (5) The juvenile court has jurisdiction over questions of custody, support, and
629     parent-time of a minor who comes within the court's jurisdiction under this section or Section
630     78A-6-103.
631          Section 9. Section 78B-15-610 is amended to read:
632          78B-15-610. Joinder of judicial proceedings -- Court reliance of custody and
633     parent-time standards.
634          (1) Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate
635     parentage may be joined with a proceeding for adoption, termination of parental rights, child
636     custody or visitation, child support, divorce, annulment, legal separation or separate
637     maintenance, probate or administration of an estate, or other appropriate proceeding.
638          (2) A respondent may not join a proceeding described in Subsection (1) with a
639     proceeding to adjudicate parentage brought under Title 78B, Chapter 14, Utah Uniform
640     Interstate Family Support Act.
641          (3) A court may rely on Title 30, Chapter 3, Divorce, in determining issues related to
642     custody or parent-time.