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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to parent-time schedules.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies parent-time for certain holidays;
13 ▸ addresses Juneteenth National Freedom Day in regard to parent-time;
14 ▸ clarifies the purpose of the number of overnights for the optional parent-time
15 schedule for a child who is five to 18 years old; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 30-3-35, as repealed and reenacted by Laws of Utah 2022, Chapter 471
24 30-3-35.1, as repealed and reenacted by Laws of Utah 2022, Chapter 471
25 30-3-35.5, as repealed and reenacted by Laws of Utah 2022, Chapter 471
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 30-3-35 is amended to read:
29 30-3-35. Minimum schedule for parent-time for a child five to 18 years old.
30 (1) As used in this section, "weekends" include any snow days, teacher development
31 days, or other days when school is not scheduled and that are contiguous to the weekend
32 period.
33 (2) The parent-time schedule in this section applies to a child who is five to 18 years
34 old.
35 (3) If the parties do not agree to a parent-time schedule for a child described in
36 Subsection (2), the following schedule is considered the minimum parent-time to which the
37 noncustodial parent is entitled to the child:
38 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
39 Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
40 (ii) at the election of the noncustodial parent, one weekday to be specified by the
41 noncustodial parent or the court:
42 (A) beginning at the time that the child's school is regularly dismissed and ending at
43 8:30 p.m.; or
44 (B) if school is not in session, the noncustodial parent is available to be with the child,
45 and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and
46 ending at 8:30 p.m.;
47 (b) (i) beginning on the first weekend after entry of the decree, alternating weekends
48 beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
49 (ii) at the election of the noncustodial parent and beginning on the first weekend after
50 the entry of the decree, alternating weekends:
51 (A) beginning at the time that the child's school is regularly dismissed on Friday and
52 ending on Sunday at 7 p.m.; or
53 (B) if school is not in session, the noncustodial parent is available to be with the child,
54 and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m.
55 and ending on Sunday at 7 p.m.;
56 (c) each holiday granted to the noncustodial parent in accordance with the holiday
57 schedule described in Subsection (13); and
58 (d) extended parent-time with the child when school is not in session for summer break
59 in accordance with Subsection (4).
60 (4) (a) For extended parent-time with the child under Subsection (3)(d) and at the
61 election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
62 parent-time with the child, which may be consecutive, when school is not in session for
63 summer break.
64 (b) For the four weeks of extended parent-time for a noncustodial parent under
65 Subsection (4)(a):
66 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
67 noncustodial parent; and
68 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
69 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
70 parent-time.
71 (c) A custodial parent is entitled to uninterrupted parent-time with the child for two
72 weeks, which may be consecutive, when school is not in session for summer break.
73 (5) (a) Each parent shall provide notification to the other parent of the parent's plans for
74 the exercise of extended parent-time for summer break under Subsection (4).
75 (b) For the notification requirement under Subsection (5)(a):
76 (i) in odd-numbered years:
77 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
78 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
79 (ii) in even-numbered years:
80 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
81 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
82 (c) (i) If a parent fails to provide a notification within the time periods described in
83 Subsection (5)(b), the complying parent may determine the schedule for summer break for the
84 noncomplying parent.
85 (ii) If both parents fail to provide notice within the time periods described in
86 Subsection (5)(b), the first parent to provide notice may determine the schedule for summer
87 break for the other parent.
88 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
89 Subsection (4)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
90 of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
91 receives notification of the noncustodial parent's plans for the exercise of interrupted extended
92 parent-time.
93 (6) (a) An election should be made by the noncustodial parent at the time of entry of
94 the divorce decree or court order, except that the election may be changed by mutual
95 agreement, court order, or by the noncustodial parent in the event of a change in the child's
96 schedule.
97 (b) An election by either parent concerning parent-time shall be made a part of the
98 decree and made a part of the parent-time order.
99 (7) (a) Changes may not be made to the parent-time schedule under this section, except
100 that if a conflict arises in the parent-time schedule, the following order of precedence shall be
101 applied when determining which parent is entitled to parent-time:
102 (i) the holiday schedule for Mother's Day or Father's Day under Subsection (13);
103 (ii) the holiday schedule for the child's birthday, unless a parent is exercising
104 uninterrupted extended parent-time under Subsection (4) and takes the child away from that
105 parent's residence during the uninterrupted extended parent-time;
106 (iii) the holiday schedule for any holiday under Subsection (13) that is not Father's Day,
107 Mother's Day, or the child's birthday;
108 (iv) extended parent-time under Subsection (4); and
109 (v) the schedule for weekday or weekend parent-time.
110 (b) A parent exercising parent-time for the child's birthday may bring other siblings
111 along for the child's birthday.
112 (c) The child shall spend Juneteenth National Freedom Day with the parent who is
113 entitled to parent-time on the day on which Juneteenth National Freedom Day falls.
114 (8) A stepparent, grandparent, or other responsible adult designated by the noncustodial
115 parent, may pick up the child for parent-time if the custodial parent is aware of the identity of
116 the individual and the noncustodial parent will be with the child by 7 p.m.
117 (9) If a holiday falls on a regularly scheduled school day, the parent exercising
118 parent-time shall be responsible for the child's attendance at school for that school day.
119 (10) If there is more than one child and the children's school schedules vary for purpose
120 of a holiday, at the option of the parent exercising the holiday or the parent's half of the
121 holiday, the children may remain together for the holiday period beginning the first evening
122 that all children's schools are dismissed for the holiday and ending the evening before any child
123 returns to school.
124 (11) (a) Telephone contact shall be at reasonable hours and for a reasonable duration.
125 (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents
126 reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
127 (ii) If the parties cannot agree on whether the equipment is reasonably available, the
128 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
129 into consideration:
130 (A) the best interests of the child;
131 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
132 (C) any other factors the court considers material.
133 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
134 (12) If there is a child five to 18 years old and a child under five years old and both
135 children are the natural or adopted children of the parties, the parents and the court should
136 consider an upward deviation for parent-time with all the children so that parent-time is
137 uniform based on a schedule under this section.
138 (13) The following table is the holiday schedule for parent-time under this section.
| 139 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 140 | 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 [ day before school resumes. Martin Luther King Jr. Day. | Odd years | Even years |
| 141 | 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 [ day before school resumes. President's Day. | Even years | Odd years |
| 142 | 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 years | Even years |
| 143 | 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 [ day before school resumes. Memorial Day. | Even years | Odd years |
| 144 | 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. |
| 145 | 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. |
| 146 | Independence Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 147 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 148 | 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 [ day before school resumes. Day. | Odd years | Even years |
| 149 | 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 years | Odd years |
| 150 | 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 years | Even years |
| 151 | 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 years | Odd years |
| 152 | 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 years | Even years |
| 153 | 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 [ | Even years | Odd years |
| 154 | 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 years | Even years |
| 155 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends at 7 p.m. on the [ | Even years | Odd years |
| 156 | Day of Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 157 | Day Before or After Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even [ |
158 Section 2. Section 30-3-35.1 is amended to read:
159 30-3-35.1. Optional schedule for parent-time for a child five to 18 years old.
160 (1) As used in this section, "weekends" include any snow days, teacher development
161 days, or other days when school is not scheduled and that are contiguous to the weekend
162 period.
163 (2) (a) The optional parent-time schedule in this section applies to a child who is five
164 to 18 years old.
165 (b) [
166 in this section is 145 overnights.
167 (c) Any impact on child support shall be consistent with joint physical custody, as
168 defined in Section 78B-12-102.
169 (3) The parents and the court may consider the increased parent-time schedule in this
170 section as a minimum parent-time schedule when the parties agree or the noncustodial parent
171 can demonstrate:
172 (a) the noncustodial parent has been actively involved in the child's life;
173 (b) the parties can communicate effectively regarding the child or the noncustodial
174 parent has a plan to accomplish effective communications regarding the child;
175 (c) the noncustodial parent has the ability to facilitate the increased parent-time;
176 (d) the increased parent-time would be in the best interest of the child; and
177 (e) any other factor the court considers relevant.
178 (4) In determining whether a noncustodial parent has been actively involved in the
179 child's life, the court shall consider:
180 (a) demonstrated responsibility in caring for the child;
181 (b) involvement in childcare;
182 (c) presence or volunteer efforts in the child's school and at extracurricular activities;
183 (d) assistance with the child's homework;
184 (e) involvement in preparation of meals, bath time, and bedtime for the child;
185 (f) bonding with the child; and
186 (g) any other factor the court considers relevant.
187 (5) In determining whether a noncustodial parent has the ability to facilitate the
188 increased parent-time, the court shall consider:
189 (a) the geographic distance between the residences of the parents and the distance
190 between the parents' residences and the child's school;
191 (b) the noncustodial parent's ability to assist with after school care;
192 (c) the health of the child and the noncustodial parent in accordance with Subsection
193 30-3-10(6);
194 (d) flexibility of employment or another schedule of the noncustodial parent;
195 (e) ability to provide appropriate playtime with the child;
196 (f) history and ability of the noncustodial parent to implement a flexible schedule for
197 the child;
198 (g) physical facilities of the noncustodial parent's residence; and
199 (h) any other factor the court considers relevant.
200 (6) If the parties agree or the court enters an order for the optional parent-time schedule
201 under this section, a parenting plan in compliance with Sections 30-3-10.7 through 30-3-10.10
202 shall be filed with any order incorporating the optional parent-time schedule described in
203 Subsection (7).
204 (7) The following schedule is considered the optional parent-time to which the
205 noncustodial parent is entitled to the child:
206 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
207 Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon
208 delivering the child to school or at 8 a.m. if there is no school; or
209 (ii) at the election of the noncustodial parent, one weekday specified by the
210 noncustodial parent or the court:
211 (A) beginning at the time the child's school is regularly dismissed until the following
212 day upon delivering the child to school or at 8 a.m. if there is no school; or
213 (B) if there is no school, the noncustodial parent is available to be with the child, and
214 in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on
215 the following day upon delivering the child to school or at 8 a.m. if there is no school;
216 (b) (i) beginning the first weekend after the entry of the decree, alternating weekends
217 beginning at 6 p.m. on Friday and ending on Monday upon delivering the child to school or at 8
218 a.m. if there is no school; or
219 (ii) at the election of the noncustodial parent, beginning the first weekend after the
220 entry of the decree, alternating weekends:
221 (A) beginning at the time the child's school is regularly dismissed on Friday and ending
222 on Monday upon delivering the child to school or at 8 a.m. if there is no school; or
223 (B) if there is no school, the noncustodial parent is available to be with the child, and
224 in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m. and
225 ending on Monday upon delivering the child to school or at 8 a.m. if there is no school;
226 (c) each holiday granted to the noncustodial parent in accordance with the holiday
227 schedule described in Subsection (16); and
228 (d) extended parent-time with the child when school is not in session for summer break
229 in accordance with Subsection (8).
230 (8) (a) For extended parent-time with the child under Subsection (7)(d) and at the
231 election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
232 parent-time with the child, which may be consecutive, when school is not in session for
233 summer break.
234 (b) For the four weeks of extended parent-time for a noncustodial parent under
235 Subsection (8)(a):
236 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
237 noncustodial parent; and
238 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
239 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
240 parent-time.
241 (c) A custodial parent is entitled to uninterrupted parent-time with the child for two
242 weeks, which may be consecutive, when school is not in session for summer break.
243 (9) (a) Each parent shall provide notification to the other parent of the parent's plans for
244 the exercise of parent-time for summer break under Subsection (8).
245 (b) For the notification requirement under Subsection (9)(a):
246 (i) in odd-numbered years:
247 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
248 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
249 (ii) in even-numbered years:
250 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
251 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
252 (c) (i) If a parent fails to provide a notification within the time periods described in
253 Subsection (9)(b), the complying parent may determine the schedule for summer break for the
254 noncomplying parent.
255 (ii) If both parents fail to provide notice within the time periods described in
256 Subsection (9)(b), the first parent to provide notice may determine the schedule for summer
257 break for the other parent.
258 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
259 Subsection (8)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
260 of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
261 receives notification of the noncustodial parent's plans for the exercise of interrupted extended
262 parent-time.
263 (10) (a) An election should be made by the noncustodial parent at the time of entry of
264 the divorce decree or court order, except that the election may be changed by mutual
265 agreement, court order, or by the noncustodial parent in the event of a change in the child's
266 schedule.
267 (b) An election by either parent concerning parent-time shall be made a part of the
268 decree and made a part of the parent-time order.
269 (11) (a) Changes may not be made to the parent-time schedule under this section,
270 except that if a conflict arises in the parent-time schedule, the following order of precedence
271 shall be applied when determining which parent is entitled to parent-time:
272 (i) the holiday schedule for Mother's Day or Father's Day under Subsection (16);
273 (ii) the holiday schedule for the child's birthday, unless a parent is exercising
274 uninterrupted extended parent-time under Subsection (8) and takes the child away from that
275 parent's residence during the uninterrupted extended parent-time;
276 (iii) the holiday schedule for any holiday under Subsection (16) that is not Father's Day,
277 Mother's Day, or the child's birthday;
278 (iv) extended parent-time under Subsection (8); and
279 (v) the schedule for weekday or weekend parent-time.
280 (b) A parent exercising parent-time for the child's birthday may bring other siblings
281 along for the child's birthday.
282 (c) The child shall spend Juneteenth National Freedom Day with the parent who is
283 entitled to parent-time on the day on which Juneteenth National Freedom Day falls.
284 (12) A stepparent, grandparent, or other responsible adult designated by the
285 noncustodial parent, may pick up the child for parent-time if the custodial parent is aware of
286 the identity of the individual and the noncustodial parent will be with the child by 7 p.m.
287 (13) If a holiday falls on a regularly scheduled school day, the parent exercising
288 parent-time shall be responsible for the child's attendance at school for that school day.
289 (14) If there is more than one child and the children's school schedules vary for purpose
290 of a holiday, at the option of the parent exercising the holiday or the parent's half of the
291 holiday, the children may remain together for the holiday period beginning the first evening
292 that all children's schools are dismissed for the holiday and ending the evening before any child
293 returns to school.
294 (15) If there is a child five to 18 years old and a child under five years old and both
295 children are the natural or adopted children of the parties, the parents and the court should
296 consider an upward deviation for parent-time with all the children so that parent-time is
297 uniform based on a schedule under this section.
298 (16) The following table is the holiday schedule for parent-time under this section.
| 299 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 300 | 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 years | Even years |
| 301 | 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 years | Odd years |
| 302 | 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 years | Even years |
| 303 | 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 years | Odd years |
| 304 | 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. |
| 305 | 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. |
| 306 | Independenc e Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 307 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 308 | 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 years | Even years |
| 309 | 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 years | Odd years |
| 310 | 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 years | Even years |
| 311 | 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 years | Odd years |
| 312 | 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 years | Even years |
| 313 | 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 years | Odd years |
| 314 | Winter Break (First Half) | (1) Holiday begins at: (a) 6 p.m. on the day 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 years | Even years |
| 315 | 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 years | Odd years |
| 316 | Day of Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 317 | Day Before or After Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |
318 Section 3. Section 30-3-35.5 is amended to read:
319 30-3-35.5. Minimum schedule for parent-time for child under five years old.
320 (1) The parent-time schedule in this section applies to a child who is younger than five
321 years old.
322 (2) If the parties do not agree to a parent-time schedule, the schedules in Subsections
323 (3) through (8) are considered the minimum parent-time to which the noncustodial parent is
324 entitled to the child.
325 (3) For a child who is younger than five months old, the noncustodial parent is entitled
326 to:
327 (a) three two-hour visits every week; and
328 (b) two hours for each holiday granted to the noncustodial parent in the holiday
329 schedule under Subsection (15).
330 (4) For a child who is at least five months old but younger than nine months old, the
331 noncustodial parent is entitled to:
332 (a) three three-hour visits every week; and
333 (b) two hours for each holiday granted to the noncustodial parent in the holiday
334 schedule under Subsection (15).
335 (5) For a child who is at least nine months old but younger than 12 months old, the
336 noncustodial parent is entitled to the child:
337 (a) one eight-hour visit every week;
338 (b) one three-hour visit every week; and
339 (c) eight hours for each holiday granted to the noncustodial parent in accordance with
340 the holiday schedule under Subsection (15).
341 (6) For a child who is at least 12 months old but younger than 18 months old, the
342 noncustodial parent is entitled to:
343 (a) one three-hour visit every week;
344 (b) one eight-hour visit on alternating weekends to be specified by the noncustodial
345 parent or court;
346 (c) an overnight visit on opposite weekends from Subsection (6)(b) beginning at 6 p.m.
347 on Friday and ending at noon on Saturday; and
348 (d) eight hours for each holiday granted to the noncustodial parent in the holiday
349 schedule under Subsection (15).
350 (7) For a child who is at least 18 months old but younger than three years old, the
351 noncustodial parent is entitled to:
352 (a) one weekday evening to be specified by the noncustodial parent or the court:
353 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
354 (ii) if the child is being cared for during the day outside the child's regular place of
355 residence and with advance notice to the custodial parent, beginning at the time that the child is
356 picked up from the caregiver and ending at 8:30 p.m.;
357 (b) beginning on the first weekend after the entry of the decree, alternating weekends
358 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
359 (c) each holiday granted to the noncustodial parent in accordance with the holiday
360 schedule described in Subsection (15); and
361 (d) extended parent-time for two one-week periods, separated by at least four weeks, at
362 the option of the noncustodial parent, as follows:
363 (i) one week of uninterrupted parent-time for the noncustodial parent; and
364 (ii) one week of interrupted parent-time where the custodial parent may have an equal
365 amount of weekday parent-time as the noncustodial parent on the same day on which the
366 noncustodial parent is granted weekday parent-time under Subsection (7)(a).
367 (8) For a child who is at least three years old but younger than five years old, the
368 noncustodial parent is entitled to:
369 (a) one weekday evening to be specified by the noncustodial parent or the court:
370 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
371 (ii) if the child is being cared for during the day outside the child's regular place of
372 residence and with advance notice to the custodial parent, beginning at the time that the child is
373 picked up from the caregiver and ending at 8:30 p.m.;
374 (b) beginning on the first weekend after the entry of the decree, alternating weekends
375 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
376 (c) each holiday granted to the noncustodial parent in accordance with the holiday
377 schedule described in Subsection (15); and
378 (d) extended parent-time for two two-week periods, separated by at least four weeks, at
379 the option of the noncustodial parent, as follows:
380 (i) two weeks of uninterrupted parent-time, which may be consecutive, for the
381 noncustodial parent; and
382 (ii) two weeks of interrupted parent-time, which may be consecutive, where the
383 custodial parent may have an equal amount of weekday parent-time as the noncustodial parent
384 on the same day on which the noncustodial parent is granted weekday parent-time under
385 Subsection (8)(a).
386 (9) For a child who is at least 18 months old but younger than five years old, the
387 custodial parent is entitled to one week of uninterrupted extended parent-time.
388 (10) (a) For a child who is nine months old or older, the noncustodial parent shall have
389 at least two times a week:
390 (i) brief telephone contact at reasonable hours and for a reasonable duration; and
391 (ii) virtual parent-time, if the equipment is reasonably available and the parents reside
392 at least 100 miles apart, at reasonable hours and for reasonable duration.
393 (b) If the parties cannot agree on whether the equipment is reasonably available, the
394 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
395 into consideration:
396 (i) the best interests of the child;
397 (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
398 (iii) any other factors the court considers material.
399 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
400 (11) For a child who is younger than nine months old, unless the parents agree
401 otherwise, parent-time should take place in the home of the custodial parent, an established
402 child-care setting, or other environment familiar to the child.
403 (12) (a) Changes may not be made to the parent-time schedule under this section,
404 except that if a conflict arises in the parent-time schedule, the following order of precedence
405 shall be applied when determining which parent is entitled to parent-time:
406 (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15);
407 (ii) the holiday schedule for the child's birthday, unless a parent is exercising
408 uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and takes the child
409 away from that parent's residence during the uninterrupted extended parent-time;
410 (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's Day,
411 Mother's Day, or the child's birthday;
412 (iv) extended parent-time under Subsection (7)(d), (8)(d), or (9); and
413 (v) the schedule for weekday or weekend parent-time.
414 (b) A parent exercising parent-time for the child's birthday may bring other siblings
415 along for the child's birthday.
416 (c) The child shall spend Juneteenth National Freedom Day with the parent who is
417 entitled to parent-time on the day on which Juneteenth National Freedom Day falls.
418 (13) If a holiday falls on a regularly scheduled school day, the parent exercising
419 parent-time shall be responsible for the child's attendance at school for that school day.
420 (14) A parent shall notify the other parent at least 30 days in advance of the parent's
421 plans for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9).
422 (15) The following table is the holiday schedule for parent-time under this section.
| 423 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 424 | 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 years | Even years |
| 425 | 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 years | Odd years |
| 426 | 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 years | Even years |
| 427 | 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 years | Odd years |
| 428 | 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. |
| 429 | 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. |
| 430 | Independenc e Day | (1) Holiday begins on July 3rd at 6 p.m. (2) Holiday ends on July 5th at 6 p.m. | Odd years | Even years |
| 431 | Pioneer Day | (1) Holiday begins on July 23rd at 6 p.m. (2) Holiday ends on July 25th at 6 p.m. | Even years | Odd years |
| 432 | 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 years | Even years |
| 433 | 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 years | Odd years |
| 434 | 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 years | Even years |
| 435 | 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 years | Odd years |
| 436 | 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 years | Even years |
| 437 | 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 years | Odd years |
| 438 | 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 years | Even years |
| 439 | Winter Break (Second Half) | (1) Holiday begins on December 27th at 7 p.m. (2) Holiday ends at 7 p.m. on the [ | Even years | Odd years |
| 440 | Day of Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 441 | Day Before or After Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Odd years | Even years |