1     
PARENT-TIME AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to parent-time schedules.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies and clarifies parent-time schedules; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          30-3-32, as last amended by Laws of Utah 2019, Chapter 188
22     REPEALS AND REENACTS:
23          30-3-35, as last amended by Laws of Utah 2020, Chapter 50
24          30-3-35.1, as last amended by Laws of Utah 2019, Chapter 188
25          30-3-35.5, as last amended by Laws of Utah 2017, Chapter 120
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 30-3-32 is amended to read:
29          30-3-32. Parent-time -- Definitions -- Considerations for parent-time --

30     Relocation.
31          [(1) It is the intent of the Legislature to promote parent-time at a level consistent with
32     all parties' interests.]
33          (1) As used in Sections 30-3-32 through 30-3-37:
34          (a) "Child" means the child of divorcing, separating, or adjudicated parents.
35          (b) "Supervised parent-time" means parent-time that requires the noncustodial parent to
36     be accompanied during parent-time by an individual approved by the court.
37          (c) "Surrogate care" means care by any individual other than the parent of the child.
38          (d) "Uninterrupted time" means parent-time exercised by one parent without
39     interruption at any time by the presence of the other parent.
40          (e) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
41     email, instant messaging, video conferencing, and other wired or wireless technologies over the
42     Internet or other communication media, to supplement in-person visits between a noncustodial
43     parent and a child or between a child and the custodial parent when the child is staying with the
44     noncustodial parent.
45          (2) (a) A court shall consider as primary the safety and well-being of the child and the
46     parent who experiences domestic or family violence.
47          (b) Absent a showing by a preponderance of evidence of real harm or substantiated
48     potential harm to the child:
49          (i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
50     have frequent, meaningful, and continuing access to each parent following separation or
51     divorce;
52          (ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
53     frequent, meaningful, and continuing access with the parent's child consistent with the child's
54     best interests; and
55          (iii) it is in the best interests of the child to have both parents actively involved in
56     parenting the child.
57          [(c)] (3) An order issued by a court pursuant to Title 78B, Chapter 7, Part 6, Cohabitant

58     Abuse Protective Orders, shall be considered evidence of real harm or substantiated potential
59     harm to the child.
60          [(3) For purposes of this section through Section 30-3-37:]
61          [(a) "Child" means the child or children of divorcing, separating, or adjudicated
62     parents.]
63          [(b) Subject to Subsection (5), "Christmas school vacation" means:]
64          [(i) for a single child, the time period beginning on the evening the child is released
65     from school for the Christmas or winter school break and ending the evening before the child
66     returns to school; and]
67          [(ii) for multiple children when the children's school schedules differ, at the option of
68     the parent exercising the holiday or the parent's half of the holiday, the time period may begin
69     on the first evening all children's schools are released for the Christmas or winter school break
70     and end the evening before any of the children returns to school.]
71          [(c) "Extended parent-time" means a period of parent-time other than a weekend,
72     holiday as provided in Subsections 30-3-35(2)(f) and (2)(g), religious holidays as provided in
73     Subsections 30-3-33(3) and (17), and "Christmas school vacation."]
74          [(d) "Supervised parent-time" means parent-time that requires the noncustodial parent
75     to be accompanied during parent-time by an individual approved by the court.]
76          [(e) "Surrogate care" means care by any individual other than the parent of the child.]
77          [(f) "Uninterrupted time" means parent-time exercised by one parent without
78     interruption at any time by the presence of the other parent.]
79          [(g) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
80     email, instant messaging, video conferencing, and other wired or wireless technologies over the
81     Internet or other communication media to supplement in-person visits between a noncustodial
82     parent and a child or between a child and the custodial parent when the child is staying with the
83     noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
84     parent-time.]
85          (4) If a parent relocates because of an act of domestic violence or family violence by

86     the other parent, the court shall make specific findings and orders with regards to the
87     application of Section 30-3-37.
88          [(5) A Christmas school vacation shall be divided equally as required by Section
89     30-3-35.]
90          Section 2. Section 30-3-35 is repealed and reenacted to read:
91          30-3-35. Minimum schedule for parent-time for a child five to 18 years old.
92          (1) As used in this section, "weekends" include any snow days, teacher development
93     days, or other days when school is not scheduled and that are contiguous to the weekend
94     period.
95          (2) The parent-time schedule in this section applies to a child who is five to 18 years
96     old.
97          (3) If the parties do not agree to a parent-time schedule for a child described in
98     Subsection (2), the following schedule is considered the minimum parent-time to which the
99     noncustodial parent is entitled to the child:
100          (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
101     Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
102          (ii) at the election of the noncustodial parent, one weekday to be specified by the
103     noncustodial parent or the court:
104          (A) beginning at the time that the child's school is regularly dismissed and ending at
105     8:30 p.m.; or
106          (B) if school is not in session, the noncustodial parent is available to be with the child,
107     and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and
108     ending at 8:30 p.m.;
109          (b) (i) beginning on the first weekend after entry of the decree, alternating weekends
110     beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
111          (ii) at the election of the noncustodial parent and beginning on the first weekend after
112     the entry of the decree, alternating weekends:
113          (A) beginning at the time that the child's school is regularly dismissed on Friday and

114     ending on Sunday at 7 p.m.; or
115          (B) if school is not in session, the noncustodial parent is available to be with the child,
116     and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m.
117     and ending on Sunday at 7 p.m.;
118          (c) each holiday granted to the noncustodial parent in accordance with the holiday
119     schedule described in Subsection (13); and
120          (d) extended parent-time with the child when school is not in session for summer break
121     in accordance with Subsection (4).
122          (4) (a) For extended parent-time with the child under Subsection (3)(d) and at the
123     election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
124     parent-time with the child, which may be consecutive, when school is not in session for
125     summer break.
126          (b) For the four weeks of extended parent-time for a noncustodial parent under
127     Subsection (4)(a):
128          (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
129     noncustodial parent; and
130          (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
131     for a weekday visit on the same day on which the noncustodial parent is granted weekday day
132     parent-time.
133          (c) A custodial parent is entitled to uninterrupted parent-time with the child for two
134     weeks, which may be consecutive, when school is not in session for summer break.
135          (5) (a) Each parent shall provide notification to the other parent of the parent's plans for
136     the exercise of extended parent-time for summer break under Subsection (4).
137          (b) For the notification requirement under Subsection (5)(a):
138          (i) in odd-numbered years:
139          (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
140          (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
141          (ii) in even-numbered years:

142          (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
143          (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
144          (c) (i) If a parent fails to provide a notification within the time periods described in
145     Subsection (5)(b), the complying parent may determine the schedule for summer break for the
146     noncomplying parent.
147          (ii) If both parents fail to provide notice within the time periods described in
148     Subsection (5)(b), the first parent to provide notice may determine the schedule for summer
149     break for the other parent.
150          (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
151     Subsection (4)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
152     of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
153     receives notification of the noncustodial parent's plans for the exercise of interrupted extended
154     parent-time.
155          (6) (a) An election should be made by the noncustodial parent at the time of entry of
156     the divorce decree or court order, except that the election may be changed by mutual
157     agreement, court order, or by the noncustodial parent in the event of a change in the child's
158     schedule.
159          (b) An election by either parent concerning parent-time shall be made a part of the
160     decree and made a part of the parent-time order.
161          (7) (a) Changes may not be made to the parent-time schedule under this section, except
162     that if a conflict arises in the parent-time schedule, the following order of precedence shall be
163     applied when determining which parent is entitled to parent-time:
164          (i) the holiday schedule for Mother's Day or Father's Day under Subsection (13);
165          (ii) the holiday schedule for the child's birthday, unless a parent is exercising
166     uninterrupted extended parent-time under Subsection (4) and takes the child away from that
167     parent's residence during the uninterrupted extended parent-time;
168          (iii) the holiday schedule for any holiday under Subsection (13) that is not Father's Day,
169     Mother's Day, or the child's birthday;

170          (iv) extended parent-time under Subsection (4); and
171          (v) the schedule for weekday or weekend parent-time.
172          (b) A parent exercising parent-time for the child's birthday may bring other siblings
173     along for the child's birthday.
174          (8) A stepparent, grandparent, or other responsible adult designated by the noncustodial
175     parent, may pick up the child for parent-time if the custodial parent is aware of the identity of
176     the individual and the noncustodial parent will be with the child by 7 p.m.
177          (9) If a holiday falls on a regularly scheduled school day, the parent exercising
178     parent-time shall be responsible for the child's attendance at school for that school day.
179          (10) If there is more than one child and the children's school schedules vary for purpose
180     of a holiday, at the option of the parent exercising the holiday or the parent's half of the
181     holiday, the children may remain together for the holiday period beginning the first evening
182     that all children's schools are dismissed for the holiday and ending the evening before any child
183     returns to school.
184          (11) (a) Telephone contact shall be at reasonable hours and for a reasonable duration.
185          (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents
186     reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
187          (ii) If the parties cannot agree on whether the equipment is reasonably available, the
188     court shall decide whether the equipment for virtual parent-time is reasonably available, taking
189     into consideration:
190          (A) the best interests of the child;
191          (B) each parent's ability to handle any additional expenses for virtual parent-time; and
192          (C) any other factors the court considers material.
193          (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
194          (12) If there is a child five to 18 years old and a child under five years old and both
195     children are the natural or adopted children of the parties, the parents and the court should
196     consider an upward deviation for parent-time with all the children so that parent-time is
197     uniform based on a schedule under this section.

198          (13) The following table is the holiday schedule for parent-time under this section.
199      HolidayHoliday Time PeriodYears
Noncustodial

Parent is

Granted

Holiday
Years
Custodial

Parent is

Granted

Holiday
200      Dr. Martin
Luther King Jr.

Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the

child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Odd yearsEven years
201      President's Day(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the

child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Even yearsOdd years
202      Spring Break(1) Holiday begins at 6 p.m. on the
day that school dismisses for spring

break.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Odd yearsEven years
203      Memorial Day(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the

child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Even yearsOdd years
204      Mother's Day(1) Holiday begins on Mother's Day
at 9 a.m.

(2) Holiday ends on Mother's Day

at 7 p.m.
All years if
noncustodial

parent is the

mother or other

parent granted

the holiday in

the order.
All years if
custodial parent

is the mother or

other parent

granted the

holiday in the

order.
205      Father's Day(1) Holiday begins on Father's Day
at 9 a.m.

(2) Holiday ends on Father's Day at

7 p.m.
All years if
noncustodial

parent is the

father or other

parent granted

the holiday in

the order.
All years if
custodial parent

is the father or

other parent

granted the

holiday in the

order.
206      Independence
Day
(1) Holiday begins on July 3rd at 6
p.m.

(2) Holiday ends on July 5th at 6

p.m.
Odd yearsEven years
207      Pioneer Day(1) Holiday begins on July 23rd at 6
p.m.

(2) Holiday ends on July 25th at 6

p.m.
Even yearsOdd years
208      Labor Day(1) Holiday begins on Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the

child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Odd yearsEven years
209      Columbus Day(1) Holiday begins at 6 p.m. on the
day before Columbus Day.

(2) Holiday ends at 7 p.m. on

Columbus Day.
Even yearsOdd years
210      Fall Break(1) Holiday begins at 6 p.m. on the
day school is dismissed for fall

break.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Odd yearsEven years
211      Halloween(1) Holiday begins on October 31st
or the day that Halloween is

traditionally celebrated in the local

community:

(a) at the time that school is

dismissed; or

(b) at 4 p.m. if there is no school.

(2) Holiday ends at 9 p.m. on the

same day the holiday begins.
Even yearsOdd years
212      Veterans Day(1) Holiday begins at 6 p.m. on the
day before Veterans Day.

(2) Holiday ends at 7 p.m. on

Veterans Day.
Odd yearsEven years
213      Thanksgiving(1) Holiday begins on Wednesday
at:

(a) 6 p.m.; or

(b) the time school is regularly

dismissed for Thanksgiving at the

election of the parent granted the

holiday.

(2) Holiday ends at 7 p.m. on the

night before school resumes.
Even yearsOdd years
214      Winter Break
(First Half)
(1) Holiday begins at:
(a) 6 p.m. on the day on that school

dismisses for winter break; or

(b) the time school is regularly

dismissed on the day that school

dismisses for winter break at the

election of the parent granted the

holiday.

(2) Holiday ends on December

27th at 7 p.m.
Odd yearsEven years
215      Winter Break
(Second Half)
(1) Holiday begins on December
27th at 7 p.m.

(2) Holiday ends at 7 p.m. on the

night before school resumes.
Even yearsOdd years
216      Day of Child's
Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even yearsOdd years
217      Day Before or
After Child's

Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Odd yearsEven years

218          Section 3. Section 30-3-35.1 is repealed and reenacted to read:
219          30-3-35.1. Optional schedule for parent-time for a child five to 18 years old.
220          (1) As used in this section, "weekends" include any snow days, teacher development
221     days, or other days when school is not scheduled and that are contiguous to the weekend
222     period.
223          (2) (a) The optional parent-time schedule in this section applies to a child who is five
224     to 18 years old.
225          (b) The optional parent-time schedule in this section is 145 overnights.
226          (c) Any impact on child support shall be consistent with joint physical custody, as
227     defined in Section 78B-12-102.
228          (3) The parents and the court may consider the increased parent-time schedule in this
229     section as a minimum parent-time schedule when the parties agree or the noncustodial parent
230     can demonstrate:
231          (a) the noncustodial parent has been actively involved in the child's life;
232          (b) the parties can communicate effectively regarding the child or the noncustodial
233     parent has a plan to accomplish effective communications regarding the child;
234          (c) the noncustodial parent has the ability to facilitate the increased parent-time;
235          (d) the increased parent-time would be in the best interest of the child; and
236          (e) any other factor the court considers relevant.
237          (4) In determining whether a noncustodial parent has been actively involved in the
238     child's life, the court shall consider:
239          (a) demonstrated responsibility in caring for the child;
240          (b) involvement in childcare;
241          (c) presence or volunteer efforts in the child's school and at extracurricular activities;

242          (d) assistance with the child's homework;
243          (e) involvement in preparation of meals, bath time, and bedtime for the child;
244          (f) bonding with the child; and
245          (g) any other factor the court considers relevant.
246          (5) In determining whether a noncustodial parent has the ability to facilitate the
247     increased parent-time, the court shall consider:
248          (a) the geographic distance between the residences of the parents and the distance
249     between the parents' residences and the child's school;
250          (b) the noncustodial parent's ability to assist with after school care;
251          (c) the health of the child and the noncustodial parent in accordance with Subsection
252     30-3-10(6);
253          (d) flexibility of employment or another schedule of the noncustodial parent;
254          (e) ability to provide appropriate playtime with the child;
255          (f) history and ability of the noncustodial parent to implement a flexible schedule for
256     the child;
257          (g) physical facilities of the noncustodial parent's residence; and
258          (h) any other factor the court considers relevant.
259          (6) If the parties agree or the court enters an order for the optional parent-time schedule
260     under this section, a parenting plan in compliance with Sections 30-3-10.7 through 30-3-10.10
261     shall be filed with any order incorporating the optional parent-time schedule described in
262     Subsection (7).
263          (7) The following schedule is considered the optional parent-time to which the
264     noncustodial parent is entitled to the child:
265          (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
266     Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon
267     delivering the child to school or at 8 a.m. if there is no school; or
268          (ii) at the election of the noncustodial parent, one weekday specified by the
269     noncustodial parent or the court:

270          (A) beginning at the time the child's school is regularly dismissed until the following
271     day upon delivering the child to school or at 8 a.m. if there is no school; or
272          (B) if there is no school, the noncustodial parent is available to be with the child, and
273     in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on
274     the following day upon delivering the child to school or at 8 a.m. if there is no school;
275          (b) (i) beginning the first weekend after the entry of the decree, alternating weekends
276     beginning at 6 p.m. on Friday and ending on Monday upon delivering the child to school or at 8
277     a.m. if there is no school; or
278          (ii) at the election of the noncustodial parent, beginning the first weekend after the
279     entry of the decree, alternating weekends:
280          (A) beginning at the time the child's school is regularly dismissed on Friday and ending
281     on Monday upon delivering the child to school or at 8 a.m. if there is no school; or
282          (B) if there is no school, the noncustodial parent is available to be with the child, and
283     in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m. and
284     ending on Monday upon delivering the child to school or at 8 a.m. if there is no school;
285          (c) each holiday granted to the noncustodial parent in accordance with the holiday
286     schedule described in Subsection (16); and
287          (d) extended parent-time with the child when school is not in session for summer break
288     in accordance with Subsection (8).
289          (8) (a) For extended parent-time with the child under Subsection (7)(d) and at the
290     election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
291     parent-time with the child, which may be consecutive, when school is not in session for
292     summer break.
293          (b) For the four weeks of extended parent-time for a noncustodial parent under
294     Subsection (8)(a):
295          (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
296     noncustodial parent; and
297          (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent

298     for a weekday visit on the same day on which the noncustodial parent is granted weekday day
299     parent-time.
300          (c) A custodial parent is entitled to uninterrupted parent-time with the child for two
301     weeks, which may be consecutive, when school is not in session for summer break.
302          (9) (a) Each parent shall provide notification to the other parent of the parent's plans for
303     the exercise of parent-time for summer break under Subsection (8).
304          (b) For the notification requirement under Subsection (9)(a):
305          (i) in odd-numbered years:
306          (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
307          (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
308          (ii) in even-numbered years:
309          (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
310          (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
311          (c) (i) If a parent fails to provide a notification within the time periods described in
312     Subsection (9)(b), the complying parent may determine the schedule for summer break for the
313     noncomplying parent.
314          (ii) If both parents fail to provide notice within the time periods described in
315     Subsection (9)(b), the first parent to provide notice may determine the schedule for summer
316     break for the other parent.
317          (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
318     Subsection (8)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
319     of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
320     receives notification of the noncustodial parent's plans for the exercise of interrupted extended
321     parent-time.
322          (10) (a) An election should be made by the noncustodial parent at the time of entry of
323     the divorce decree or court order, except that the election may be changed by mutual
324     agreement, court order, or by the noncustodial parent in the event of a change in the child's
325     schedule.

326          (b) An election by either parent concerning parent-time shall be made a part of the
327     decree and made a part of the parent-time order.
328          (11) (a) Changes may not be made to the parent-time schedule under this section,
329     except that if a conflict arises in the parent-time schedule, the following order of precedence
330     shall be applied when determining which parent is entitled to parent-time:
331          (i) the holiday schedule for Mother's Day or Father's Day under Subsection (16);
332          (ii) the holiday schedule for the child's birthday, unless a parent is exercising
333     uninterrupted extended parent-time under Subsection (8) and takes the child away from that
334     parent's residence during the uninterrupted extended parent-time;
335          (iii) the holiday schedule for any holiday under Subsection (16) that is not Father's Day,
336     Mother's Day, or the child's birthday;
337          (iv) extended parent-time under Subsection (8); and
338          (v) the schedule for weekday or weekend parent-time.
339          (b) A parent exercising parent-time for the child's birthday may bring other siblings
340     along for the child's birthday.
341          (12) A stepparent, grandparent, or other responsible adult designated by the
342     noncustodial parent, may pick up the child for parent-time if the custodial parent is aware of
343     the identity of the individual and the noncustodial parent will be with the child by 7 p.m.
344          (13) If a holiday falls on a regularly scheduled school day, the parent exercising
345     parent-time shall be responsible for the child's attendance at school for that school day.
346          (14) If there is more than one child and the children's school schedules vary for purpose
347     of a holiday, at the option of the parent exercising the holiday or the parent's half of the
348     holiday, the children may remain together for the holiday period beginning the first evening
349     that all children's schools are dismissed for the holiday and ending the evening before any child
350     returns to school.
351          (15) If there is a child five to 18 years old and a child under five years old and both
352     children are the natural or adopted children of the parties, the parents and the court should
353     consider an upward deviation for parent-time with all the children so that parent-time is

354     uniform based on a schedule under this section.
355          (16) The following table is the holiday schedule for parent-time under this section.
356      HolidayHoliday Time PeriodYears
Noncustodial

Parent is

Granted

Holiday
Years
Custodial

Parent is

Granted

Holiday
357      Dr. Martin
Luther King

Jr. Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends:

(a) upon delivering of the child to

school on the day following Dr.

Martin Luther King Jr. Day; or

(b) at 8 a.m. on the day following

Dr. Martin Luther King Jr. Day if

there is no school.
Odd yearsEven years
358      President's
Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends:

(a) upon delivering the child to

school on the day following

President's Day; or

(b) at 8 a.m. on the day following

President's Day if there is no school.
Even yearsOdd years
359      Spring Break(1) Holiday begins at 6 p.m. on the
day that school dismisses for spring

break.

(2) Holiday ends:

(a) upon delivering the child to

school on the day following the end

of spring break; or

(b) at 8 a.m. on the day following

the end of spring break if there is no

school.
Odd yearsEven years
360      Memorial Day(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends:

(a) upon delivering the child to

school on the day following

Memorial Day; or

(b) at 8 a.m. on the day following

Memorial Day if there is no school.
Even yearsOdd years
361      Mother's Day(1) Holiday begins on Mother's Day
at 9 a.m.

(2) Holiday ends on Mother's Day at

7 p.m.
All years if
noncustodial

parent is the

mother or other

parent

designated in

the order.
All years if
custodial parent

is the mother or

other parent

designated in

the order.
362      Father's Day(1) Holiday begins on Father's Day
at 9 a.m.

(2) Holiday ends on Father's Day at

7 p.m.
All years if
noncustodial

parent is the

father or other

parent

designated in

the order.
All years if
custodial parent

is the father or

other parent

designated in

the order.
363      Independence
Day
(1) Holiday begins on July 3rd at 6
p.m.

(2) Holiday ends on July 5th at 6

p.m.
Odd yearsEven years
364      Pioneer Day(1) Holiday begins on July 23rd at 6
p.m.

(2) Holiday ends on July 25th at 6

p.m.
Even yearsOdd years
365      Labor Day(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session

and the parent can be with the child;

(b) the time that school is regularly

dismissed; or

(c) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends:

(a) upon delivering the child to

school on the day following Labor

Day; or

(b) at 8 a.m. on the day following

Labor Day if there is no school.
Odd yearsEven years
366      Columbus Day(1) Holiday begins at 6 p.m. on the
day before Columbus Day.

(2) Holiday ends at 7 p.m. on

Columbus Day.
Even yearsOdd years
367      Fall Break(1) Holiday begins at 6 p.m. on the
day school is dismissed for fall

break.

(2) Holiday ends:

(a) upon delivering the child to

school on the day following the end

of fall break; or

(b) at 8 a.m. on the day following

the end of fall break if there is no

school.
Odd yearsEven years
368      Halloween(1) Holiday begins on October 31st
or the day that Halloween is

traditionally celebrated in the local

community:

(a) at the time that school is

dismissed; or

(b) at 4 p.m. if there is no school.

(2) Holiday ends at 9 p.m. on the

same day the holiday begins.
Even yearsOdd years
369      Veterans Day(1) Holiday begins at 6 p.m. on the
day before Veterans Day.

(2) Holiday ends at 7 p.m. on

Veterans Day.
Odd yearsEven years
370      Thanksgiving(1) Holiday begins on Wednesday
at:

(a) 6 p.m.; or

(b) the time school is regularly

dismissed for Thanksgiving at the

election of the parent granted the

holiday.

(2) Holiday ends:

(a) upon delivering the child to

school on the Monday following

Thanksgiving; or

(b) at 8 a.m. on the Monday

following Thanksgiving if there is

no school.
Even yearsOdd years
371      Winter Break
(First Half)
(1) Holiday begins at:
(a) 6 p.m.; or

(b) the time school is regularly

dismissed on the day that school

dismisses for winter break at the

election of the parent granted the

holiday.

(2) Holiday ends on December 27th

at 7 p.m.
Odd yearsEven years
372      Winter Break
(Second Half)
(1) Holiday begins on December
27th at 7 p.m.

(2) Holiday ends upon delivering the

child to school on the day that

school resumes after the winter

break.
Even yearsOdd years
373      Day of Child's
Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even yearsOdd years
374      Day Before or
After Child's

Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Odd yearsEven years

375          Section 4. Section 30-3-35.5 is repealed and reenacted to read:
376          30-3-35.5. Minimum schedule for parent-time for child under five years old.
377          (1) The parent-time schedule in this section applies to a child who is younger than five
378     years old.
379          (2) If the parties do not agree to a parent-time schedule, the schedules in Subsections
380     (3) through (8) are considered the minimum parent-time to which the noncustodial parent is
381     entitled to the child.
382          (3) For a child who is younger than five months old, the noncustodial parent is entitled
383     to:
384          (a) three two-hour visits every week; and
385          (b) two hours for each holiday granted to the noncustodial parent in the holiday
386     schedule under Subsection (15).
387          (4) For a child who is at least five months old but younger than nine months old, the
388     noncustodial parent is entitled to:
389          (a) three three-hour visits every week; and

390          (b) two hours for each holiday granted to the noncustodial parent in the holiday
391     schedule under Subsection (15).
392          (5) For a child who is at least nine months old but younger than 12 months old, the
393     noncustodial parent is entitled to the child:
394          (a) one eight-hour visit every week;
395          (b) one three-hour visit every week; and
396          (c) eight hours for each holiday granted to the noncustodial parent in accordance with
397     the holiday schedule under Subsection (15).
398          (6) For a child who is at least 12 months old but younger than 18 months old, the
399     noncustodial parent is entitled to:
400          (a) one three-hour visit every week;
401          (b) one eight-hour visit on alternating weekends to be specified by the noncustodial
402     parent or court;
403          (c) an overnight visit on opposite weekends from Subsection (6)(b) beginning at 6 p.m.
404     on Friday and ending at noon on Saturday; and
405          (d) eight hours for each holiday granted to the noncustodial parent in the holiday
406     schedule under Subsection (15).
407          (7) For a child who is at least 18 months old but younger than three years old, the
408     noncustodial parent is entitled to:
409          (a) one weekday evening to be specified by the noncustodial parent or the court:
410          (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
411          (ii) if the child is being cared for during the day outside the child's regular place of
412     residence and with advance notice to the custodial parent, beginning at the time that the child is
413     picked up from the caregiver and ending at 8:30 p.m.;
414          (b) beginning on the first weekend after the entry of the decree, alternating weekends
415     beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
416          (c) each holiday granted to the noncustodial parent in accordance with the holiday
417     schedule described in Subsection (15); and

418          (d) extended parent-time for two one-week periods, separated by at least four weeks, at
419     the option of the noncustodial parent, as follows:
420          (i) one week of uninterrupted parent-time for the noncustodial parent; and
421          (ii) one week of interrupted parent-time where the custodial parent may have an equal
422     amount of weekday parent-time as the noncustodial parent on the same day on which the
423     noncustodial parent is granted weekday parent-time under Subsection (7)(a).
424          (8) For a child who is at least three years old but younger than five years old, the
425     noncustodial parent is entitled to:
426          (a) one weekday evening to be specified by the noncustodial parent or the court:
427          (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
428          (ii) if the child is being cared for during the day outside the child's regular place of
429     residence and with advance notice to the custodial parent, beginning at the time that the child is
430     picked up from the caregiver and ending at 8:30 p.m.;
431          (b) beginning on the first weekend after the entry of the decree, alternating weekends
432     beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
433          (c) each holiday granted to the noncustodial parent in accordance with the holiday
434     schedule described in Subsection (15); and
435          (d) extended parent-time for two two-week periods, separated by at least four weeks, at
436     the option of the noncustodial parent, as follows:
437          (i) two weeks of uninterrupted parent-time, which may be consecutive, for the
438     noncustodial parent; and
439          (ii) two weeks of interrupted parent-time, which may be consecutive, where the
440     custodial parent may have an equal amount of weekday parent-time as the noncustodial parent
441     on the same day on which the noncustodial parent is granted weekday parent-time under
442     Subsection (8)(a).
443          (9) For a child who is at least 18 months old but younger than five years old, the
444     custodial parent is entitled to one week of uninterrupted extended parent-time.
445          (10) (a) For a child who is nine months old or older, the noncustodial parent shall have

446     at least two times a week:
447          (i) brief telephone contact at reasonable hours and for a reasonable duration; and
448          (ii) virtual parent-time, if the equipment is reasonably available and the parents reside
449     at least 100 miles apart, at reasonable hours and for reasonable duration.
450          (b) If the parties cannot agree on whether the equipment is reasonably available, the
451     court shall decide whether the equipment for virtual parent-time is reasonably available, taking
452     into consideration:
453          (i) the best interests of the child;
454          (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
455          (iii) any other factors the court considers material.
456          (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
457          (11) For a child who is younger than nine months old, unless the parents agree
458     otherwise, parent-time should take place in the home of the custodial parent, an established
459     child-care setting, or other environment familiar to the child.
460          (12) (a) Changes may not be made to the parent-time schedule under this section,
461     except that if a conflict arises in the parent-time schedule, the following order of precedence
462     shall be applied when determining which parent is entitled to parent-time:
463          (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15);
464          (ii) the holiday schedule for the child's birthday, unless a parent is exercising
465     uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and takes the child
466     away from that parent's residence during the uninterrupted extended parent-time;
467          (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's Day,
468     Mother's Day, or the child's birthday;
469          (iv) extended parent-time under Subsection (7)(d), (8)(d), or (9); and
470          (v) the schedule for weekday or weekend parent-time.
471          (b) A parent exercising parent-time for the child's birthday may bring other siblings
472     along for the child's birthday.
473          (13) If a holiday falls on a regularly scheduled school day, the parent exercising

474     parent-time shall be responsible for the child's attendance at school for that school day.
475          (14) A parent shall notify the other parent at least 30 days in advance of the parent's
476     plans for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9).
477          (15) The following table is the holiday schedule for parent-time under this section.
478      HolidayHoliday Time PeriodYears
Noncustodial

Parent is

Granted

Holiday
Years
Custodial

Parent is

Granted

Holiday
479      Dr. Martin
Luther King

Jr. Day
(1) Holiday begins on Friday at:
(a) 9 a.m. if the parent is available to

be with the child; or

(b) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on Dr.

Martin Luther King Jr. Day.

Odd yearsEven years
480      President's
Day
(1) Holiday begins on Friday at:
(a) 9 a.m. if the parent is available to

be with the child; or

(b) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on

President's Day.
Even yearsOdd years
481      Spring Break(1) Holiday begins at 6 p.m. on the
day that school dismisses for spring

break.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Odd yearsEven years
482      Memorial Day(1) Holiday begins on Friday at:
(a) 9 a.m. if the parent is available to

be with the child; or

(b) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on

Memorial Day.
Even yearsOdd years
483      Mother's Day(1) Holiday begins on Mother's Day
at 9 a.m.

(2) Holiday ends on Mother's Day

at 7 p.m.
All years if
noncustodial

parent is the

mother or other

parent

designated in

the order.
All years if
custodial parent

is the mother or

other parent

designated in

the order.
484      Father's Day(1) Holiday begins on Father's Day
at 9 a.m.

(2) Holiday ends on Father's Day at

7 p.m.
All years if
noncustodial

parent is the

father or other

parent

designated in

the order.
All years if
custodial parent

is the father or

other parent

designated in

the order.
485      Independence
Day
(1) Holiday begins on July 3rd at 6
p.m.

(2) Holiday ends on July 5th at 6

p.m.
Odd yearsEven years
486      Pioneer Day(1) Holiday begins on July 23rd at 6
p.m.

(2) Holiday ends on July 25th at 6

p.m.
Even yearsOdd years
487      Labor Day(1) Holiday begins on Friday at:
(a) 9 a.m. if the parent is available to

be with the child; or

(b) 6 p.m. at the election of the

parent granted the holiday.

(2) Holiday ends at 7 p.m. on Labor

Day.
Odd yearsEven years
488      Columbus Day(1) Holiday begins at 6 p.m. on the
day before Columbus Day.

(2) Holiday ends at 7 p.m. on

Columbus Day.
Even yearsOdd years
489      Fall Break(1) Holiday begins at 6 p.m. on the
day school is dismissed for fall

break.

(2) Holiday ends at 7 p.m. on the

day before school resumes.
Odd yearsEven years
490      Halloween(1) Holiday begins on October 31st
or the day that Halloween is

traditionally celebrated in the local

community:

(a) at the time that school is

dismissed; or

(b) at 4 p.m. if there is no school.

(2) Holiday ends at 9 p.m. on the

same day the holiday begins.
Even yearsOdd years
491      Veterans Day(1) Holiday begins at 6 p.m. on the
day before Veterans Day.

(2) Holiday ends at 7 p.m. on

Veterans Day.
Odd yearsEven years
492      Thanksgiving(1) Holiday begins at 6 p.m. on the
day that school dismisses for

Thanksgiving.

(2) Holiday ends at 7 p.m. on day

before school resumes.
Even yearsOdd years
493      Winter Break
(First Half)
(1) Holiday begins at 6 p.m. on the
day on that school dismisses for

winter break.

(2) Holiday ends on December 27th

at 7 p.m.
Odd yearsEven years
494      Winter Break
(Second Half)
(1) Holiday begins on December
27th at 7 p.m.

(2) Holiday ends at 7 p.m. on the

night before school resumes.
Even yearsOdd years
495      Day of Child's
Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even yearsOdd years
496      Day Before or
After Child's

Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Odd yearsEven years