1
2
3
4
5
6
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 the holiday schedule for
14 parent-time;
15 ▸ clarifies the purpose of the number of overnights for the optional parent-time
16 schedule for a child who is five to 18 years old; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 30-3-35, as repealed and reenacted by Laws of Utah 2022, Chapter 471
25 30-3-35.1, as repealed and reenacted by Laws of Utah 2022, Chapter 471
26 30-3-35.5, as repealed and reenacted by Laws of Utah 2022, Chapter 471
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 30-3-35 is amended to read:
30 30-3-35. Minimum schedule for parent-time for a child five to 18 years old.
31 (1) As used in this section[
32 (a) "Juneteenth National Freedom Day" means the day on which the Juneteenth
33 National Freedom Day holiday is celebrated in this state in accordance with Section
34 63G-1-301.
35 (b) "Weekends" include any snow days, teacher development days, or other days when
36 school is not scheduled and that are contiguous to the weekend period.
37 (2) The parent-time schedule in this section applies to a child who is five to 18 years
38 old.
39 (3) If the parties do not agree to a parent-time schedule for a child described in
40 Subsection (2), the following schedule is considered the minimum parent-time to which the
41 noncustodial parent is entitled to the child:
42 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
43 Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
44 (ii) at the election of the noncustodial parent, one weekday to be specified by the
45 noncustodial parent or the court:
46 (A) beginning at the time that the child's school is regularly dismissed and ending at
47 8:30 p.m.; or
48 (B) if school is not in session, the noncustodial parent is available to be with the child,
49 and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and
50 ending at 8:30 p.m.;
51 (b) (i) beginning on the first weekend after entry of the decree, alternating weekends
52 beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
53 (ii) at the election of the noncustodial parent and beginning on the first weekend after
54 the entry of the decree, alternating weekends:
55 (A) beginning at the time that the child's school is regularly dismissed on Friday and
56 ending on Sunday at 7 p.m.; or
57 (B) if school is not in session, the noncustodial parent is available to be with the child,
58 and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m.
59 and ending on Sunday at 7 p.m.;
60 (c) each holiday granted to the noncustodial parent in accordance with the holiday
61 schedule described in Subsection (13); and
62 (d) extended parent-time with the child when school is not in session for summer break
63 in accordance with Subsection (4).
64 (4) (a) For extended parent-time with the child under Subsection (3)(d) and at the
65 election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
66 parent-time with the child, which may be consecutive, when school is not in session for
67 summer break.
68 (b) For the four weeks of extended parent-time for a noncustodial parent under
69 Subsection (4)(a):
70 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
71 noncustodial parent; and
72 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
73 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
74 parent-time.
75 (c) A custodial parent is entitled to uninterrupted parent-time with the child for two
76 weeks, which may be consecutive, when school is not in session for summer break.
77 (5) (a) Each parent shall provide notification to the other parent of the parent's plans for
78 the exercise of extended parent-time for summer break under Subsection (4).
79 (b) For the notification requirement under Subsection (5)(a):
80 (i) in odd-numbered years:
81 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
82 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
83 (ii) in even-numbered years:
84 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
85 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
86 (c) (i) If a parent fails to provide a notification within the time periods described in
87 Subsection (5)(b), the complying parent may determine the schedule for summer break for the
88 noncomplying parent.
89 (ii) If both parents fail to provide notice within the time periods described in
90 Subsection (5)(b), the first parent to provide notice may determine the schedule for summer
91 break for the other parent.
92 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
93 Subsection (4)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
94 of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
95 receives notification of the noncustodial parent's plans for the exercise of interrupted extended
96 parent-time.
97 (6) (a) An election should be made by the noncustodial parent at the time of entry of
98 the divorce decree or court order, except that the election may be changed by mutual
99 agreement, court order, or by the noncustodial parent in the event of a change in the child's
100 schedule.
101 (b) An election by either parent concerning parent-time shall be made a part of the
102 decree and made a part of the parent-time order.
103 (7) (a) Changes may not be made to the parent-time schedule under this section, except
104 that if a conflict arises in the parent-time schedule, the following order of precedence shall be
105 applied when determining which parent is entitled to parent-time:
106 (i) the holiday schedule for Mother's Day or Father's Day under Subsection (13);
107 (ii) the holiday schedule for the child's birthday, unless a parent is exercising
108 uninterrupted extended parent-time under Subsection (4) and takes the child away from that
109 parent's residence during the uninterrupted extended parent-time;
110 (iii) the holiday schedule for any holiday under Subsection (13) that is not Father's Day,
111 Mother's Day, or the child's birthday;
112 (iv) extended parent-time under Subsection (4); and
113 (v) the schedule for weekday or weekend parent-time.
114 (b) A parent exercising parent-time for the child's birthday may bring other siblings
115 along for the child's birthday.
116 (8) A stepparent, grandparent, or other responsible adult designated by the noncustodial
117 parent, may pick up the child for parent-time if the custodial parent is aware of the identity of
118 the individual and the noncustodial parent will be with the child by 7 p.m.
119 (9) If a holiday falls on a regularly scheduled school day, the parent exercising
120 parent-time shall be responsible for the child's attendance at school for that school day.
121 (10) If there is more than one child and the children's school schedules vary for purpose
122 of a holiday, at the option of the parent exercising the holiday or the parent's half of the
123 holiday, the children may remain together for the holiday period beginning the first evening
124 that all children's schools are dismissed for the holiday and ending the evening before any child
125 returns to school.
126 (11) (a) Telephone contact shall be at reasonable hours and for a reasonable duration.
127 (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents
128 reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
129 (ii) If the parties cannot agree on whether the equipment is reasonably available, the
130 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
131 into consideration:
132 (A) the best interests of the child;
133 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
134 (C) any other factors the court considers material.
135 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
136 (12) If there is a child five to 18 years old and a child under five years old and both
137 children are the natural or adopted children of the parties, the parents and the court should
138 consider an upward deviation for parent-time with all the children so that parent-time is
139 uniform based on a schedule under this section.
140 (13) The following table is the holiday schedule for parent-time under this section.
| 141 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 142 | 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 |
| 143 | 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 years | Odd years |
| 144 | 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 |
| 145 | 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 |
| 146 | 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. |
| 147 | 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. |
| 148 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 149 | 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 |
| 150 | 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 |
| 151 | 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 |
| 152 | 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 |
| 153 | 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 |
| 154 | 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 |
| 155 | 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 |
| 156 | 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 |
| 157 | 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 |
| 158 | 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 |
| 159 | Day of Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 160 | 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 |
161 Section 2. Section 30-3-35.1 is amended to read:
162 30-3-35.1. Optional schedule for parent-time for a child five to 18 years old.
163 (1) As used in this section[
164 (a) "Juneteenth National Freedom Day" means the day on which the Juneteenth
165 National Freedom Day holiday is celebrated in this state in accordance with Section
166 63G-1-301.
167 (b) "Weekends" include any snow days, teacher development days, or other days when
168 school is not scheduled and that are contiguous to the weekend period.
169 (2) (a) The optional parent-time schedule in this section applies to a child who is five
170 to 18 years old.
171 (b) [
172 in this section is 145 overnights.
173 (c) Any impact on child support shall be consistent with joint physical custody, as
174 defined in Section 78B-12-102.
175 (3) The parents and the court may consider the increased parent-time schedule in this
176 section as a minimum parent-time schedule when the parties agree or the noncustodial parent
177 can demonstrate:
178 (a) the noncustodial parent has been actively involved in the child's life;
179 (b) the parties can communicate effectively regarding the child or the noncustodial
180 parent has a plan to accomplish effective communications regarding the child;
181 (c) the noncustodial parent has the ability to facilitate the increased parent-time;
182 (d) the increased parent-time would be in the best interest of the child; and
183 (e) any other factor the court considers relevant.
184 (4) In determining whether a noncustodial parent has been actively involved in the
185 child's life, the court shall consider:
186 (a) demonstrated responsibility in caring for the child;
187 (b) involvement in childcare;
188 (c) presence or volunteer efforts in the child's school and at extracurricular activities;
189 (d) assistance with the child's homework;
190 (e) involvement in preparation of meals, bath time, and bedtime for the child;
191 (f) bonding with the child; and
192 (g) any other factor the court considers relevant.
193 (5) In determining whether a noncustodial parent has the ability to facilitate the
194 increased parent-time, the court shall consider:
195 (a) the geographic distance between the residences of the parents and the distance
196 between the parents' residences and the child's school;
197 (b) the noncustodial parent's ability to assist with after school care;
198 (c) the health of the child and the noncustodial parent in accordance with Subsection
199 30-3-10(6);
200 (d) flexibility of employment or another schedule of the noncustodial parent;
201 (e) ability to provide appropriate playtime with the child;
202 (f) history and ability of the noncustodial parent to implement a flexible schedule for
203 the child;
204 (g) physical facilities of the noncustodial parent's residence; and
205 (h) any other factor the court considers relevant.
206 (6) If the parties agree or the court enters an order for the optional parent-time schedule
207 under this section, a parenting plan in compliance with Sections 30-3-10.7 through 30-3-10.10
208 shall be filed with any order incorporating the optional parent-time schedule described in
209 Subsection (7).
210 (7) The following schedule is considered the optional parent-time to which the
211 noncustodial parent is entitled to the child:
212 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
213 Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon
214 delivering the child to school or at 8 a.m. if there is no school; or
215 (ii) at the election of the noncustodial parent, one weekday specified by the
216 noncustodial parent or the court:
217 (A) beginning at the time the child's school is regularly dismissed until the following
218 day upon delivering the child to school or at 8 a.m. if there is no school; or
219 (B) if there is no school, the noncustodial parent is available to be with the child, and
220 in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on
221 the following day upon delivering the child to school or at 8 a.m. if there is no school;
222 (b) (i) beginning the first weekend after the entry of the decree, alternating weekends
223 beginning at 6 p.m. on Friday and ending on Monday upon delivering the child to school or at 8
224 a.m. if there is no school; or
225 (ii) at the election of the noncustodial parent, beginning the first weekend after the
226 entry of the decree, alternating weekends:
227 (A) beginning at the time the child's school is regularly dismissed on Friday and ending
228 on Monday upon delivering the child to school or at 8 a.m. if there is no school; or
229 (B) if there is no school, the noncustodial parent is available to be with the child, and
230 in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m. and
231 ending on Monday upon delivering the child to school or at 8 a.m. if there is no school;
232 (c) each holiday granted to the noncustodial parent in accordance with the holiday
233 schedule described in Subsection (16); and
234 (d) extended parent-time with the child when school is not in session for summer break
235 in accordance with Subsection (8).
236 (8) (a) For extended parent-time with the child under Subsection (7)(d) and at the
237 election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
238 parent-time with the child, which may be consecutive, when school is not in session for
239 summer break.
240 (b) For the four weeks of extended parent-time for a noncustodial parent under
241 Subsection (8)(a):
242 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
243 noncustodial parent; and
244 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
245 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
246 parent-time.
247 (c) A custodial parent is entitled to uninterrupted parent-time with the child for two
248 weeks, which may be consecutive, when school is not in session for summer break.
249 (9) (a) Each parent shall provide notification to the other parent of the parent's plans for
250 the exercise of parent-time for summer break under Subsection (8).
251 (b) For the notification requirement under Subsection (9)(a):
252 (i) in odd-numbered years:
253 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
254 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
255 (ii) in even-numbered years:
256 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
257 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
258 (c) (i) If a parent fails to provide a notification within the time periods described in
259 Subsection (9)(b), the complying parent may determine the schedule for summer break for the
260 noncomplying parent.
261 (ii) If both parents fail to provide notice within the time periods described in
262 Subsection (9)(b), the first parent to provide notice may determine the schedule for summer
263 break for the other parent.
264 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
265 Subsection (8)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
266 of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
267 receives notification of the noncustodial parent's plans for the exercise of interrupted extended
268 parent-time.
269 (10) (a) An election should be made by the noncustodial parent at the time of entry of
270 the divorce decree or court order, except that the election may be changed by mutual
271 agreement, court order, or by the noncustodial parent in the event of a change in the child's
272 schedule.
273 (b) An election by either parent concerning parent-time shall be made a part of the
274 decree and made a part of the parent-time order.
275 (11) (a) Changes may not be made to the parent-time schedule under this section,
276 except that if a conflict arises in the parent-time schedule, the following order of precedence
277 shall be applied when determining which parent is entitled to parent-time:
278 (i) the holiday schedule for Mother's Day or Father's Day under Subsection (16);
279 (ii) the holiday schedule for the child's birthday, unless a parent is exercising
280 uninterrupted extended parent-time under Subsection (8) and takes the child away from that
281 parent's residence during the uninterrupted extended parent-time;
282 (iii) the holiday schedule for any holiday under Subsection (16) that is not Father's Day,
283 Mother's Day, or the child's birthday;
284 (iv) extended parent-time under Subsection (8); and
285 (v) the schedule for weekday or weekend parent-time.
286 (b) A parent exercising parent-time for the child's birthday may bring other siblings
287 along for the child's birthday.
288 (12) A stepparent, grandparent, or other responsible adult designated by the
289 noncustodial parent, may pick up the child for parent-time if the custodial parent is aware of
290 the identity of the individual and the noncustodial parent will be with the child by 7 p.m.
291 (13) If a holiday falls on a regularly scheduled school day, the parent exercising
292 parent-time shall be responsible for the child's attendance at school for that school day.
293 (14) If there is more than one child and the children's school schedules vary for purpose
294 of a holiday, at the option of the parent exercising the holiday or the parent's half of the
295 holiday, the children may remain together for the holiday period beginning the first evening
296 that all children's schools are dismissed for the holiday and ending the evening before any child
297 returns to school.
298 (15) If there is a child five to 18 years old and a child under five years old and both
299 children are the natural or adopted children of the parties, the parents and the court should
300 consider an upward deviation for parent-time with all the children so that parent-time is
301 uniform based on a schedule under this section.
302 (16) The following table is the holiday schedule for parent-time under this section.
| 303 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 304 | 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 |
| 305 | 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 |
| 306 | 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 |
| 307 | 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 |
| 308 | 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. |
| 309 | 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. |
| 310 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 311 | 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 |
| 312 | 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 |
| 313 | 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 |
| 314 | 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 |
| 315 | 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 |
| 316 | 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 |
| 317 | 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 |
| 318 | 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 |
| 319 | 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 |
| 320 | 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 |
| 321 | Day of Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 322 | 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 |
323 Section 3. Section 30-3-35.5 is amended to read:
324 30-3-35.5. Minimum schedule for parent-time for child under five years old.
325 (1) As used in this section, "Juneteenth National Freedom Day" means the day on
326 which the Juneteenth National Freedom Day holiday is celebrated in this state in accordance
327 with Section 63G-1-301.
328 [
329 five years old.
330 [
331 Subsections [
332 noncustodial parent is entitled to the child.
333 [
334 entitled to:
335 (a) three two-hour visits every week; and
336 (b) two hours for each holiday granted to the noncustodial parent in the holiday
337 schedule under Subsection [
338 [
339 the noncustodial parent is entitled to:
340 (a) three three-hour visits every week; and
341 (b) two hours for each holiday granted to the noncustodial parent in the holiday
342 schedule under Subsection [
343 [
344 the noncustodial parent is entitled to the child:
345 (a) one eight-hour visit every week;
346 (b) one three-hour visit every week; and
347 (c) eight hours for each holiday granted to the noncustodial parent in accordance with
348 the holiday schedule under Subsection [
349 [
350 noncustodial parent is entitled to:
351 (a) one three-hour visit every week;
352 (b) one eight-hour visit on alternating weekends to be specified by the noncustodial
353 parent or court;
354 (c) an overnight visit on opposite weekends from Subsection [
355 at 6 p.m. on Friday and ending at noon on Saturday; and
356 (d) eight hours for each holiday granted to the noncustodial parent in the holiday
357 schedule under Subsection [
358 [
359 noncustodial parent is entitled to:
360 (a) one weekday evening to be specified by the noncustodial parent or the court:
361 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
362 (ii) if the child is being cared for during the day outside the child's regular place of
363 residence and with advance notice to the custodial parent, beginning at the time that the child is
364 picked up from the caregiver and ending at 8:30 p.m.;
365 (b) beginning on the first weekend after the entry of the decree, alternating weekends
366 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
367 (c) each holiday granted to the noncustodial parent in accordance with the holiday
368 schedule described in Subsection [
369 (d) extended parent-time for two one-week periods, separated by at least four weeks, at
370 the option of the noncustodial parent, as follows:
371 (i) one week of uninterrupted parent-time for the noncustodial parent; and
372 (ii) one week of interrupted parent-time where the custodial parent may have an equal
373 amount of weekday parent-time as the noncustodial parent on the same day on which the
374 noncustodial parent is granted weekday parent-time under Subsection [
375 [
376 noncustodial parent is entitled to:
377 (a) one weekday evening to be specified by the noncustodial parent or the court:
378 (i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
379 (ii) if the child is being cared for during the day outside the child's regular place of
380 residence and with advance notice to the custodial parent, beginning at the time that the child is
381 picked up from the caregiver and ending at 8:30 p.m.;
382 (b) beginning on the first weekend after the entry of the decree, alternating weekends
383 beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
384 (c) each holiday granted to the noncustodial parent in accordance with the holiday
385 schedule described in Subsection [
386 (d) extended parent-time for two two-week periods, separated by at least four weeks, at
387 the option of the noncustodial parent, as follows:
388 (i) two weeks of uninterrupted parent-time, which may be consecutive, for the
389 noncustodial parent; and
390 (ii) two weeks of interrupted parent-time, which may be consecutive, where the
391 custodial parent may have an equal amount of weekday parent-time as the noncustodial parent
392 on the same day on which the noncustodial parent is granted weekday parent-time under
393 Subsection [
394 [
395 custodial parent is entitled to one week of uninterrupted extended parent-time.
396 [
397 shall have at least two times a week:
398 (i) brief telephone contact at reasonable hours and for a reasonable duration; and
399 (ii) virtual parent-time, if the equipment is reasonably available and the parents reside
400 at least 100 miles apart, at reasonable hours and for reasonable duration.
401 (b) If the parties cannot agree on whether the equipment is reasonably available, the
402 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
403 into consideration:
404 (i) the best interests of the child;
405 (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
406 (iii) any other factors the court considers material.
407 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
408 [
409 otherwise, parent-time should take place in the home of the custodial parent, an established
410 child-care setting, or other environment familiar to the child.
411 [
412 section, except that if a conflict arises in the parent-time schedule, the following order of
413 precedence shall be applied when determining which parent is entitled to parent-time:
414 (i) the holiday schedule for Mother's Day or Father's Day under Subsection [
415 (ii) the holiday schedule for the child's birthday, unless a parent is exercising
416 uninterrupted extended parent-time under Subsection [
417 (10) and takes the child away from that parent's residence during the uninterrupted extended
418 parent-time;
419 (iii) the holiday schedule for any holiday under Subsection [
420 Father's Day, Mother's Day, or the child's birthday;
421 (iv) extended parent-time under Subsection [
422 (10); and
423 (v) the schedule for weekday or weekend parent-time.
424 (b) A parent exercising parent-time for the child's birthday may bring other siblings
425 along for the child's birthday.
426 [
427 parent-time shall be responsible for the child's attendance at school for that school day.
428 [
429 parent's plans for the exercise of extended parent-time under Subsection [
430 (8)(d), (9)(d), or (10).
431 [
432 section.
| 433 | Holiday | Holiday Time Period | Years Noncustodial Parent is Granted Holiday | Years Custodial Parent is Granted Holiday |
| 434 | 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 |
| 435 | 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 |
| 436 | 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 |
| 437 | 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 |
| 438 | 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. |
| 439 | 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. |
| 440 | Juneteenth National Freedom Day | (1) Holiday begins at: (a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day. (2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day. | Even years | Odd years |
| 441 | 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 |
| 442 | 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 |
| 443 | 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 |
| 444 | 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 |
| 445 | 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 |
| 446 | 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 |
| 447 | 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 |
| 448 | 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 |
| 449 | 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 |
| 450 | 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 |
| 451 | Day of Child's Birthday | (1) Holiday begins at 3 p.m. (2) Holiday ends at 9 p.m. | Even years | Odd years |
| 452 | 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 |