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Utah State Statute 30-3-35. Minimal Schedule For Parenting Time

In Utah, there is a specific statute laying out the guidelines for parenting time, or the time in which the parents can visit or have custody of the children. This applies to children between ages five and 18 years.

utahThis is laid out in Utah State Statute 30-3-35. The court always prefers the parties to come to an agreement, but in the absence of a stipulation, there are certain rules. For example, one weekday evening, or Wednesday evening if not specified, from 5:30 PM to 8:30 PM will usually be required for the noncustodial parent. Also, the noncustodial parent should get one weekday from 9:00 AM until 8:30 PM while school is no longer in session.

The court also prefers alternating weekends from 6:00 PM on Friday until 7:00 PM on Sunday, continuing each year.

Also, a step-parent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the child.

parenting-timeThere is also provision for holidays, including Mother’s Day, Father’s Day, and the birthday of the child. If a holiday falls on a regular scheduled school day, the noncustodial parent will be responsible for the child’s attendance at school for that school day.

For years ending in an odd number, the noncustodial parent is usually entitled to visitation for the child’s birthday, Martin Luther King Day, Spring break, Fourth of July, Labor Day, Fall school break and Veterans Day.  For Christmas, the first portion of the Christmas school vacation including Christmas Eve and Christmas Day continuing until 1 PM on the day halfway through the holiday.

There is also provisions for even-numbered years for the other parent.

Of course, Mother’s Day should be spent with the mother and Father’s day with the father, beginning 9:00 AM until 7:00 PM on the holiday.

telephone-contact-at-reasonable-hours-and-for-reasonable-durationsThe noncustodial parent shall also have up to four consecutive weeks of summer vacation.

And, there will always be telephone contact at reasonable hours and for reasonable durations. This could also be augmented by Skype visitations.

All in all, Utah State Statute 30-3-35 has very specific provisions all aimed at preventing disputes in divorce court.

 

 

 

 

Utah Visitation Code 30-3-37

Utah Visitation Code 30-3-37

In divorce proceedings involving minor children, one of the most important issues is child custody and visitation. This includes such issues as who will receive sole or joint legal custody, physical custody, and reasonable visitation rights. Typically this is resolved before the divorce action is brought but if not, it becomes a contested hearing in court.

The Hardest Issue

child custody and visitationBut one of the hardest issues to resolve is if the parent who has sole legal and physical custody decides to move out of the area. So for example, assume Mrs. Smith is in California but has just received a promotion and wants to transfer to Georgia. No one would doubt her ability to move up in the company and better her life and salary. But what about the father who remains back in California. What about his visitation rights? For this to be accomplished, the wife must receive permission from the court. And she must abide by the applicable law.

 

So the first thing we do is look at the state’s statute 1) https://en.wikipedia.org/wiki/Statute. For example, in Utah, there is Utah Visitation Code 30-3-37. It lays out the ground rules for such a motion of relocation.

Definition of Relocation

Definition of RelocationUnder the statute, relocation is defined as moving 150 miles or more from the residence of the other parent. In other words, if hypothetically the move was only 100 miles, there will be no need to secure court approval.

 

Next, the relocating parent must give at least 60 days advance notice of the intent to relocate. The notice must indicate very clearly state neither parent will interfere with the others parental rights including reasonable visitation, even if there is a move.

The Final Verdict

divorce hearingUltimately at the hearing, the final decision is based upon the best interest of the child. If the relocation is allowed, the court will then determine the new visitation schedule and decide how transportation costs will be allocated between the parents. One of the factors is if the relocation makes it more difficult for both parties to share custodial time and typically the large cost and expense of the other parent in having to travel long distances for visitation. This is important because in many cases the other parent simply gives up because they don’t have the time and the money to fly long distances to see their children, even though they wish in their heart to do so.

Guidelines

Under Utah Visitation Code 30-3-37, the court must also follow strict guidelines. For example, for children between ages five and 18, the other parent, alternating years, must be able to visit for Thanksgiving and spring break. There must also be entitlement to Winter break and Fall break. Finally, one-half of the Summer break must be allowed to the other parent who could technically fly the child back to California in the above example.

 

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