1     
PARENT-TIME AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: ____________

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 older than five
96     years old but younger than 18 years 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.; and
118          (c) each holiday granted to the noncustodial parent in accordance with the holiday
119     schedule described in Subsection (12).
120          (4) (a) An election should be made by the noncustodial parent at the time of entry of
121     the divorce decree or court order, except that the election may be changed by mutual
122     agreement, court order, or by the noncustodial parent in the event of a change in the child's
123     schedule.
124          (b) An election by either parent concerning parent-time shall be made a part of the
125     decree and made a part of the parent-time order.
126          (5) A stepparent, grandparent, or other responsible adult designated by the noncustodial
127     parent, may pick up the child for parent-time if the custodial parent is aware of the identity of
128     the individual and the noncustodial parent will be with the child by 7 p.m.
129          (6) (a) Changes may not be made to the parent-time schedule under Subsection (3),
130     except that the parent-time schedule for the child's birthday:
131          (i) except as provided in Subsection (6)(a)(ii), takes precedence over any other
132     scheduled parent-time; and
133          (ii) does not take precedence over:
134          (A) Mother's Day;
135          (B) Father's Day; or
136          (C) uninterrupted parent-time for summer break if the parent exercising uninterrupted
137     parent-time time takes the child away from that parent's residence for the uninterrupted
138     parent-time.
139          (b) A parent exercising parent-time for the child's birthday may bring other siblings
140     along for the child's birthday.
141          (7) If a holiday falls on a regularly scheduled school day, the parent exercising
142     parent-time shall be responsible for the child's attendance at school for that school day.
143          (8) If there is more than one child and the children's school schedules vary for purpose
144     of a holiday, at the option of the parent exercising the holiday or the parent's half of the
145     holiday, the children may remain together for the holiday period beginning the first evening
146     that all children's schools are dismissed for the holiday and ending the evening before any child
147     returns to school.
148          (9) (a) A parent may designate two consecutive weeks to exercise uninterrupted
149     parent-time for summer break.
150          (b) Each parent shall provide notification to the other parent of the parent's plans for
151     the exercise of parent-time for summer break.
152          (c) For the notification requirement under Subsection (9)(b):
153          (i) in odd-numbered years:
154          (A) the noncustodial parent shall provide notice to the custodial parent by May 1st; and
155          (B) the custodial parent shall provide notice to the noncustodial parent by May 15th;
156     and
157          (ii) in even-numbered years:
158          (A) the custodial parent shall provide notice to the noncustodial parent by May 1st; and
159          (B) the noncustodial parent shall provide notice to the custodial parent by May 15th.
160          (d) (i) If a parent fails to provide a notification within the time periods described in
161     Subsection (9)(c), the complying parent may determine the schedule for summer break for the
162     noncomplying parent.
163          (ii) If both parents fail to provide notice within the time periods described in
164     Subsection (9)(c), the first parent to provide notice may determine the schedule for summer
165     break for the other parent.
166          (e) (i) A custodial parent may interrupt the additional two weeks of parent-time for
167     summer break for a noncustodial parent to allow the custodial parent a weekday visit each
168     week on the same day in which the noncustodial parent is granted weekday parent-time under
169     Subsection (3)(a).
170          (ii) If a custodial parent intends to exercise parent-time under Subsection (9)(e)(i), the
171     custodial parent shall provide notification to the noncustodial parent of the intent to exercise
172     the option within 10 days before the day on which the noncustodial parent being begins to
173     exercise interrupted parent-time for summer break.
174          (10) (a) Telephone contact shall be at reasonable hours and for a reasonable duration.
175          (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents
176     reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
177          (ii) If the parties cannot agree on whether the equipment is reasonably available, the
178     court shall decide whether the equipment for virtual parent-time is reasonably available, taking
179     into consideration:
180          (A) the best interests of the child;
181          (B) each parent's ability to handle any additional expenses for virtual parent-time; and
182          (C) any other factors the court considers material.
183          (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
184          (11) If there is a child older than five years old but younger than 18 years old and a
185     child under five years old and both are the natural or adopted children of the parties, the parents
186     and the court should consider an upward deviation for parent-time with all the children so that
187     parent-time is uniform based on a schedule in accordance with this section.
188          (12) The following table is the holiday schedule for parent-time under this section.
189     HolidayHoliday Time PeriodYears
Noncustodial
Parent is
Granted
Holiday		Years
Custodial
Parent is
Granted
Holiday
190     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
191     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
192     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
193     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
194     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.
195     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.
196     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
197     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
198     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
199     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
200     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
201     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
202     Veterans Day(1) Holiday begins at 6 p.m. on
Veterans Day.
(2) Holiday ends at 7 p.m. on
Veterans Day.		Odd yearsEven years
203     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
204     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
205     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
206     Day of Child's
Birthday 		(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.		Even yearsOdd years
207     Day Before or
After Child's
Birthday		(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.		Odd yearsEven years
208     Summer BreakHoliday is two one-week visits of
uninterrupted time when school is
not in session for the summer
break.

All yearsAll years
209     Summer BreakHoliday is two additional one-week
visits of interrupted time when
school is not in session for the
summer break.		All yearsNever

210          Section 3. Section 30-3-35.1 is repealed and reenacted to read:
211          30-3-35.1. Optional schedule for parent-time for a child five to 18 years old.
212          (1) As used in this section, "weekends" include any snow days, teacher development
213     days, or other days when school is not scheduled and that are contiguous to the weekend
214     period.
215          (2) (a) The optional parent-time schedule in this section applies to a child who is older
216     than five years old but younger than 18 years old.
217          (b) The optional parent-time schedule in this section is 145 overnights.
218          (c) Any impact on child support shall be consistent with joint physical custody, as
219     defined in Section 78B-12-102.
220          (3) The parents and the court may consider the increased parent-time schedule in this
221     section as a minimum parent-time schedule when the parties agree or the noncustodial parent
222     can demonstrate:
223          (a) the noncustodial parent has been actively involved in the child's life;
224          (b) the parties can communicate effectively regarding the child or the noncustodial
225     parent has a plan to accomplish effective communications regarding the child;
226          (c) the noncustodial parent has the ability to facilitate the increased parent-time;
227          (d) the increased parent-time would be in the best interest of the child; and
228          (e) any other factor the court considers relevant.
229          (4) In determining whether a noncustodial parent has been actively involved in the
230     child's life, the court shall consider:
231          (a) demonstrated responsibility in caring for the child;
232          (b) involvement in childcare;
233          (c) presence or volunteer efforts in the child's school and at extracurricular activities;
234          (d) assistance with the child's homework;
235          (e) involvement in preparation of meals, bath time, and bedtime for the child;
236          (f) bonding with the child; and
237          (g) any other factor the court considers relevant.
238          (5) In determining whether a noncustodial parent has the ability to facilitate the
239     increased parent-time, the court shall consider:
240          (a) the geographic distance between the residences of the parents and the distance
241     between the parents' residences and the child's school;
242          (b) the noncustodial parent's ability to assist with after school care;
243          (c) the health of the child and the noncustodial parent in accordance with Subsection
244     30-3-10(6);
245          (d) flexibility of employment or another schedule of the noncustodial parent;
246          (e) ability to provide appropriate playtime with the child;
247          (f) history and ability of the noncustodial parent to implement a flexible schedule for
248     the child;
249          (g) physical facilities of the noncustodial parent's residence; and
250          (h) any other factor the court considers relevant.
251          (6) If the parties agree or the court enters an order for the optional parent-time schedule
252     under this section, a parenting plan in compliance with Sections 30-3-10.7 through 30-3-10.10
253     shall be filed with any order incorporating the optional parent-time schedule described in
254     Subsection (7).
255          (7) The following schedule is considered the optional parent-time to which the
256     noncustodial parent is entitled to the child:
257          (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
258     Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon
259     delivering the child to school or at 8 a.m. if there is no school; or
260          (ii) at the election of the noncustodial parent, one weekday specified by the
261     noncustodial parent or the court:
262          (A) beginning at the time the child's school is regularly dismissed until the following
263     day upon delivering the child to school or at 8 a.m. if there is no school; or
264          (B) if there is no school, the noncustodial parent is available to be with the child, and
265     in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on
266     the following day upon delivering the child to school or at 8 a.m. if there is no school;
267          (b) (i) beginning the first weekend after the entry of the decree, alternating weekends
268     beginning at 6 p.m. on Friday and ending on Monday upon delivering the child to school or at 8
269     a.m. if there is no school;
270          (ii) beginning the first weekend after the entry of the decree and at the election of the
271     noncustodial parent, alternating weekends:
272          (A) beginning at the time the child's school is regularly dismissed on Friday and ending
273     on Sunday at 7 p.m.; or
274          (B) if there is no school, the noncustodial parent is available to be with the child, and
275     in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m. and
276     ending on Sunday at 7 p.m.; and
277          (c) each holiday granted to the noncustodial parent in accordance with the holiday
278     schedule described in Subsection (15).
279          (8) (a) An election should be made by the noncustodial parent at the time of entry of
280     the divorce decree or court order, except that the election may be changed by mutual
281     agreement, court order, or by the noncustodial parent in the event of a change in the child's
282     schedule.
283          (b) An election by either parent concerning parent-time shall be made a part of the
284     decree and made a part of the parent-time order.
285          (9) A stepparent, grandparent, or other responsible adult designated by the noncustodial
286     parent, may pick up the child for parent-time if the custodial parent is aware of the identity of
287     the individual and the noncustodial parent will be with the child by 7:00 p.m.
288          (10) (a) Changes may not be made to the parent-time schedule under Subsection (7),
289     except that the parent-time schedule for the child's birthday:
290          (i) except as provided in Subsection (10)(a)(ii), takes precedence over any other
291     scheduled parent-time; and
292          (ii) does not take precedence over:
293          (A) Mother's Day;
294          (B) Father's Day; or
295          (C) uninterrupted parent-time for summer break if the parent exercising uninterrupted
296     parent-time time takes the child away from that parent's residence for the uninterrupted
297     parent-time.
298          (b) A parent exercising parent-time for the child's birthday may bring other siblings
299     along for the child's birthday.
300          (11) If a holiday falls on a regularly scheduled school day, the parent exercising
301     parent-time shall be responsible for the child's attendance at school for that school day.
302          (12) If there is more than one child and the children's school schedules vary for the
303     purpose of a holiday, at the option of the parent exercising the holiday or the parent's half of the
304     holiday, the children may remain together for the holiday period beginning the first evening
305     that all children's schools are dismissed for the holiday and ending the evening before any child
306     returns to school.
307          (13) (a) A parent may designate two consecutive weeks to exercise uninterrupted
308     parent-time for summer break.
309          (b) Each parent shall provide notification to the other parent of the parent's plans for
310     the exercise of parent-time for summer break.
311          (c) For the notification requirement under Subsection (13)(b):
312          (i) in odd-numbered years:
313          (A) the noncustodial parent shall provide notice to the custodial parent by May 1st; and
314          (B) the custodial parent shall provide notice to the noncustodial parent by May 15th;
315     and
316          (ii) in even-numbered years:
317          (A) the custodial parent shall provide notice to the noncustodial parent by May 1st; and
318          (B) the noncustodial parent shall provide notice to the custodial parent by May 15th.
319          (d) (i) If a parent fails to provide a notification within the time periods described in
320     Subsection (13)(c), the complying parent may determine the schedule for summer break for the
321     noncomplying parent.
322          (ii) If both parents fail to provide notice within the time periods described in
323     Subsection (13)(c), the first parent to provide notice may determine the schedule for summer
324     break for the other parent.
325          (e) (i) A custodial parent may interrupt the additional two weeks of parent-time for
326     summer break for a noncustodial parent to allow the custodial parent a weekday visit each
327     week on the same day in which the noncustodial parent is granted weekday parent-time under
328     Subsection (7)(a).
329          (ii) If a custodial parent intends to exercise parent-time under Subsection (13)(e)(i), the
330     custodial parent shall provide notification to the noncustodial parent of the intent to exercise
331     the option within 10 days before the day on which the noncustodial parent being begins to
332     exercise interrupted parent-time for summer break.
333          (14) If there is a child older than five years old but younger than 18 years old and a
334     child under five years old and both are the natural or adopted children of the parties, the parents
335     and the court should consider an upward deviation for parent-time with all the children so that
336     parent-time is uniform based on a schedule in accordance with this section.
337          (15) The following table is the holiday schedule for parent-time under this section.
338      HolidayHoliday Time PeriodYears
Noncustodial
Parent is
Granted
Holiday		Years
Custodial
Parent is
Granted
Holiday
339     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
340     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
341     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
342     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
343     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.
344     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.
345     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
346     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
347     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
348     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
349     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
350     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
351     Veterans Day(1) Holiday begins at 6 p.m. on
Veterans Day.
(2) Holiday ends at 7 p.m. on
Veterans Day.		Odd yearsEven years
352     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
353     Winter Break
(First Half)		(1) Holiday beings 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
354     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
355     Day of Child's
Birthday		(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.		Even yearsOdd years
356     Day Before or
After Child's
Birthday		(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.		Odd yearsEven years
357     Summer BreakHoliday is two one-week visits of
uninterrupted time when school is
not in session for the summer break.		All yearsAll years
358     Summer BreakHoliday is two one-week visits of
interrupted time when school is not
in session for the summer break.		All yearsNever
359          Section 4. Section 30-3-35.5 is repealed and reenacted to read:
360          30-3-35.5. Minimum schedule for parent-time for child under five years old.
361          (1) The parent-time schedule in this section applies to a child who is younger than five
362     years old.
363          (2) If the parties do not agree to a parent-time schedule, the schedules in Subsections
364     (3) through (8) are considered the minimum parent-time to which the noncustodial parent is
365     entitled to the child.
366          (3) For a child who is younger than five months old, the noncustodial parent is entitled
367     to:
368          (a) three two-hour visits every week; and
369          (b) two hours for each holiday granted to the noncustodial parent in accordance with
370     the holiday schedule described in Subsection (15).
371          (4) For a child who is at least five months old but younger than nine months old, the
372     noncustodial parent is entitled to:
373          (a) three visits every week for three hours per visit; and
374          (b) two hours for each holiday granted to the noncustodial parent in accordance with
375     the holiday schedule described in Subsection (15).
376          (5) For a child who is at least nine months old but younger than 12 months old, the
377     noncustodial parent is entitled to the child:
378          (a) one eight-hour visit every week;
379          (b) one three-hour visit every week; and
380          (c) each holiday granted to the noncustodial parent in accordance with the holiday
381     schedule described in Subsection (15).
382          (6) For a child who is at least 12 months old but younger than 18 months old, the
383     noncustodial parent is entitled to:
384          (a) one visit every week for three hours;
385          (b) one eight-hour visit on alternating weekends to be specified by the noncustodial
386     parent or court;
387          (c) an overnight visit on opposite weekends from Subsection (6)(b) beginning at 6 p.m.
388     on Friday and ending at noon on Saturday; and
389          (d) each holiday granted to the noncustodial parent in accordance with the holiday
390     schedule described in Subsection (15).
391          (7) For a child who is at least 18 months old but younger than three years old, the
392     noncustodial parent is entitled to:
393          (a) one weekday evening to be specified by the noncustodial parent or court:
394          (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
395          (ii) if the child is being cared for during the day outside the child's regular place of
396     residence and with advance notice to the custodial parent, beginning at the time that the child is
397     picked up from the caregiver and ending at 8:30 p.m.;
398          (b) beginning on the first weekend after the entry of the decree, alternating weekends
399     beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
400          (c) each holiday granted to the noncustodial parent in accordance with the holiday
401     schedule described in Subsection (15); and
402          (d) two one-week periods, separated by at least four weeks, at the option of the
403     noncustodial parent, as follows:
404          (i) one week of uninterrupted time for the noncustodial parent; and
405          (ii) one week of time where the custodial parent may have an equal amount of weekday
406     parent-time as the noncustodial parent.
407          (8) For a child who is at least three years old but younger than five years old, the
408     noncustodial parent is entitled to:
409          (a) one weekday evening to be specified by the noncustodial parent or 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) two one-week periods, separated by at least four weeks, at the option of the
419     noncustodial parent, as follows:
420          (i) one week of uninterrupted time for the noncustodial parent; and
421          (ii) one week of time where the custodial parent may have an equal amount of weekday
422     parent-time as the noncustodial parent.
423          (9) For a child who is at least 18 months old but younger than five years old, the
424     custodial parent is entitled to one week of interrupted parent-time for vacation.
425          (10) (a) For a child who is nine months old or older, the noncustodial parent shall have
426     at least two times a week:
427          (i) brief telephone contact at reasonable hours and for a reasonable duration; and
428          (ii) virtual parent-time, if the equipment is reasonably available and the parents reside
429     at least 100 miles apart, at reasonable hours and for reasonable duration.
430          (b) If the parties cannot agree on whether the equipment is reasonably available, the
431     court shall decide whether the equipment for virtual parent-time is reasonably available, taking
432     into consideration:
433          (i) the best interests of the child;
434          (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
435          (iii) any other factors the court considers material.
436          (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
437          (11) For a child who is younger than nine months old, unless the parents agree
438     otherwise, parent-time should take place in the home of the custodial parent, an established
439     child-care setting, or other environment familiar to the child.
440          (12) (a) Changes may not be made to a parent-time schedule under Subsections (3)
441     through (8), except that the parent-time schedule for the child's birthday:
442          (i) except as provided in Subsection (12)(a)(ii), takes precedence over any other
443     scheduled parent-time; and
444          (ii) does not take precedence over:
445          (A) Mother's Day;
446          (B) Father's Day; or
447          (C) uninterrupted parent-time for summer break if the parent exercising uninterrupted
448     parent-time time takes the child away from that parent's residence for the uninterrupted
449     parent-time.
450          (b) A parent exercising parent-time for the child's birthday may bring other siblings
451     along for the child's birthday.
452          (13) If a holiday falls on a regularly scheduled school day, the parent exercising
453     parent-time shall be responsible for the child's attendance at school for that school day.
454          (14) A parent shall notify the other parent at least 30 days in advance of extended
455     parent-time.
456          (15) The following table is the holiday schedule for parent-time under this section.
457      HolidayHoliday Time PeriodYears
Noncustodial
Parent is
Granted
Holiday		Years
Custodial
Parent is
Granted
Holiday
458     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
459     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
460     Spring Break(1) Holiday begins at 6 p.m. on the
day that school dismissed for spring
break.
(2) Holiday ends at 7 p.m. on the
day before school resumes.		Odd yearsEven years
461     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
462     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.
463     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.
464     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
465     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
466     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
467     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
468     Fall Break(1) Holiday begins at 6 p.m. on the
day school is dismissed for fall
break.
(2) Holiday ends at 7:00 p.m. on the
day before school resumes.		Odd yearsEven years
469     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
470     Veterans Day(1) Holiday begins at 6 p.m. on
Veterans Day.
(2) Holiday ends at 7 p.m. on
Veterans Day.		Odd yearsEven years
471     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
472     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 7:00 p.m. 		Odd yearsEven years
473     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
474     Day of Child's
Birthday 		(1) Holiday begins at 3 p.m.
(2)     Holiday ends at 9 p.m.		Even yearsOdd years
475     Day Before or
After Child's
Birthday		(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.		Odd yearsEven years