Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 202 (2017GS)

Sponsor

Sen. Adams, J. S.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses parent-time when children's school schedules differ; and
• makes technical changes.

Every vote on this bill

Bill text

PARENT-TIME AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: J. Stuart Adams
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill modifies provisions related to parent-time.
Highlighted Provisions:
This bill:
▸ addresses parent-time when children's school schedules differ; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-3-32
, as last amended by Laws of Utah 2014, Chapter 239
30-3-35
, as last amended by Laws of Utah 2010, Chapter 228
30-3-35.1
, as enacted by Laws of Utah 2015, Chapter 18
30-3-35.5
, as last amended by Laws of Utah 2010, Chapter 228
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-3-32
 is amended to read:
30-3-32.
Parent-time -- Intent -- Policy -- Definitions.
(1) It is the intent of the Legislature to promote parent-time at a level consistent with
all parties' interests.
(2) (a) A court shall consider as primary the safety and well-being of the child and the
parent who experiences domestic or family violence.
(b) Absent a showing by a preponderance of evidence of real harm or substantiated
potential harm to the child:
(i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to
have frequent, meaningful, and continuing access to each parent following separation or
divorce;
(ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for
frequent, meaningful, and continuing access with [
his
] 
the parent's
 child consistent with the
child's best interests; and
(iii) it is in the best interests of the child to have both parents actively involved in
parenting the child.
(c) An order issued by a court pursuant to Title 78B, Chapter 7, Part 1, Cohabitant
Abuse Act, shall be considered evidence of real harm or substantiated potential harm to the
child.
(3) For purposes of Sections 
30-3-32
 through 
30-3-37
:
(a) "Child" means the child or children of divorcing, separating, or adjudicated parents.
(b) 
Subject to Subsection (5),
 "Christmas school vacation" means
:
(i) for a single child,
 the time period beginning on the evening the child [
gets out of
] 
is
released from
 school for the Christmas or winter school break [
until
] 
and ending
 the evening
before the child returns to school[
.
]
; and
(ii) for multiple children when the children's school schedules differ, the time period
beginning on the first evening all children's schools are released for the Christmas or winter
school break and ending the evening before any of the children returns to school.
(c) "Extended parent-time" means a period of parent-time other than a weekend,
holiday as provided in Subsections 
30-3-35
(2)(f) and (2)(g), religious holidays as provided in
Subsections 
30-3-33
(3) and (17), and "Christmas school vacation."
(d) "Supervised parent-time" means parent-time that requires the noncustodial parent to
be accompanied during parent-time by an individual approved by the court.
(e) "Surrogate care" means care by any individual other than the parent of the child.
(f) "Uninterrupted time" means parent-time exercised by one parent without
interruption at any time by the presence of the other parent.
(g) "Virtual parent-time" means parent-time facilitated by tools such as telephone,
email, instant messaging, video conferencing, and other wired or wireless technologies over the
Internet or other communication media to supplement in-person visits between a noncustodial
parent and a child or between a child and the custodial parent when the child is staying with the
noncustodial parent. Virtual parent-time is designed to supplement, not replace, in-person
parent-time.
(4) If a parent relocates because of an act of domestic violence or family violence by
the other parent, the court shall make specific findings and orders with regards to the
application of Section 
30-3-37
.
(5) A Christmas school vacation shall be divided equally as required by Section
30-3-35
.
Section 2. Section 
30-3-35
 is amended to read:
30-3-35.
Minimum schedule for parent-time for children 5 to 18 years of age.
(1) The parent-time schedule in this section applies to children 5 to 18 years of age.
(2) If the parties do not agree to a parent-time schedule, the following schedule shall be
considered the minimum parent-time to which the noncustodial parent and the child shall be
entitled.
(a) (i) (A) One weekday evening to be specified by the noncustodial parent or the court,
or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
(B) at the election of the noncustodial parent, one weekday from the time the child's
school is regularly dismissed until 8:30 p.m., unless the court directs the application of
Subsection (2)(a)(i); or
(C) at the election of the noncustodial parent, if school is not in session, one weekday
from approximately 9 a.m., accommodating the custodial parent's work schedule, until 8:30
p.m. if the noncustodial parent is available to be with the child, unless the court directs the
application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
(ii) Once the election of the weekday for the weekday evening parent-time is made, it
may not be changed except by mutual written agreement or court order.
(b) (i) (A) Alternating weekends beginning on the first weekend after the entry of the
decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
(B) at the election of the noncustodial parent, from the time the child's school is
regularly dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of
Subsection (2)(b)(i)(A); or
(C) at the election of the noncustodial parent, if school is not in session, on Friday from
approximately 9 a.m., accommodating the custodial parent's work schedule, until 7 p.m. on
Sunday, if the noncustodial parent is available to be with the child unless the court directs the
application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
(ii) A step-parent, grandparent, or other responsible adult designated by the
noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
individual, and the parent will be with the child by 7 p.m.
(iii) [
Elections
] 
An election
 should be made by the noncustodial parent at the time of
entry of the divorce decree or court order, and may be changed by mutual agreement, court
order, or by the noncustodial parent in the event of a change in the child's schedule.
(iv) Weekends include any "snow" days, teacher development days, or other days when
school is not scheduled and which are contiguous to the weekend period.
(c) Holidays include any "snow" days, teacher development days after the children
begin the school year, or other days when school is not scheduled, contiguous to the holiday
period, and take precedence over the weekend parent-time. Changes may not be made to the
regular rotation of the alternating weekend parent-time schedule[
;
]
,
 however[
,
]
:
(i)
 birthdays take precedence over holidays and extended parent-time, except Mother's
Day and Father's Day; 
and
(ii)
 birthdays do not take precedence over uninterrupted parent-time if the parent
exercising uninterrupted time takes the child away from that parent's residence for the
uninterrupted extended parent-time.
(d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall
be responsible for the child's attendance at school for that school day.
(e) (i) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
period extends beyond that time so that the child is free from school and the parent is free from
work, the noncustodial parent shall be entitled to this lengthier holiday period.
(ii) (A) At the election of the noncustodial parent, parent-time over a scheduled holiday
weekend may begin from the time the child's school is regularly dismissed at the beginning of
the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B) at the election of the noncustodial parent, if school is not in session, parent-time
over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the
custodial parent's work schedule, the first day of the holiday weekend until 7 p.m. on the last
day of the holiday weekend, if the noncustodial parent is available to be with the child unless
the court directs the application of Subsection (2)(e)(ii)(A).
(iii) A step-parent, grandparent, or other responsible individual designated by the
noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the
individual, and the parent will be with the child by 7 p.m.
(iv) [
Elections
] 
An election
 should be made by the noncustodial parent at the time of
the divorce decree or court order, and may be changed by mutual agreement, court order, or by
the noncustodial parent in the event of a change in the child's schedule.
(f) In years ending in an odd number, the noncustodial parent is entitled to the
following holidays:
(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m.
until 9 p.m.[
;
]
,
 at the discretion of the noncustodial parent, [
he
] 
the noncustodial parent
 may
take other siblings along for the birthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless
the holiday extends for a lengthier period of time to which the noncustodial parent is
completely entitled;
(iii) 
subject to Subsection (2)(i),
 spring break beginning at 6 p.m. on the day school lets
out for the holiday until 7 p.m. on the [
Sunday
] 
evening
 before school resumes;
(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6
p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(vi) the fall school break, if applicable, commonly known as U.E.A. weekend
beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a
lengthier period of time to which the noncustodial parent is completely entitled;
(vii) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on
the holiday; and
(viii) the first portion of the Christmas school vacation as defined in Subsection
30-3-32
(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day
halfway through the holiday period, if there are an odd number of days for the holiday period,
or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire
holiday period is equally divided.
(g) In years ending in an even number, the noncustodial parent is entitled to the
following holidays:
(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.[
;
]
,
 at the
discretion of the noncustodial parent, [
he
] 
the noncustodial parent
 may take other siblings
along for the birthday;
(ii) President's Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the
holiday extends for a lengthier period of time to which the noncustodial parent is completely
entitled;
(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the
holiday extends for a lengthier period of time to which the noncustodial parent is completely
entitled;
(iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later
than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
holiday;
(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the
local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
(viii) the second portion of the Christmas school vacation as defined in Subsection
30-3-32
(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an
odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for
the holiday period, so long as the entire Christmas holiday period is equally divided.
(h) The custodial parent is entitled to the odd year holidays in even years and the even
year holidays in odd years.
(i) If there is more than one child and the children's school schedules vary for purpose
of a holiday, it is presumed that the children will remain together for the holiday period
beginning the first evening all children's schools are let out for the holiday and ending the
evening before any child returns to school.
[
(i)
] 
(j)
 Father's Day shall be spent with the natural or adoptive father every year
beginning at 9 a.m. until 7 p.m. on the holiday.
[
(j)
] 
(k)
 Mother's Day shall be spent with the natural or adoptive mother every year
beginning at 9 a.m. until 7 p.m. on the holiday.
[
(k)
] 
(l)
 Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the
noncustodial parent, including weekends normally exercised by the noncustodial parent, but
not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for
weekday parent-time but not weekends, except for a holiday to be exercised by the other
parent.
[
(l)
] 
(m)
 The custodial parent shall have an identical two-week period of uninterrupted
time when school is not in session for purposes of vacation.
[
(m)
] 
(n)
 Both parents shall provide notification of extended parent-time or vacation
weeks with the child at least 30 days [
prior to
] 
before
 the end of the child's school year to the
other parent and if notification is not provided timely the complying parent may determine the
schedule for extended parent-time for the noncomplying parent.
[
(n)
] 
(o)
 Telephone contact shall be at reasonable hours and for a reasonable duration.
[
(o)
] 
(p)
 Virtual parent-time, if the equipment is reasonably available and the parents
reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration,
provided that if the parties cannot agree on whether the equipment is reasonably available, the
court shall decide whether the equipment for virtual parent-time is reasonably available, taking
into consideration:
(i) the best interests of the child;
(ii) each parent's ability to handle any additional expenses for virtual parent-time; and
(iii) any other factors the court considers material.
(3) [
Any elections
] 
An election
 required to be made in accordance with this section by
either parent concerning parent-time shall be made a part of the decree and made a part of the
parent-time order.
(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended
beyond the hours designated in Subsection (2)(g)(vi).
Section 3. Section 
30-3-35.1
 is amended to read:
30-3-35.1.
Optional schedule for parent-time for children 5 to 18 years of age.
(1) The optional parent-time schedule in this section applies to children 5 to 18 years of
age. This schedule is 145 overnights. Any impact on child support shall be consistent with
Subsection 
78B-12-102
(14).
(2) The parents and the court may consider the following increased parent-time
schedule as a minimum when the parties agree or the noncustodial parent can demonstrate the
following:
(a) the noncustodial parent has been actively involved in the child's life;
(b) the parties are able to communicate effectively regarding the child, or the
noncustodial parent has a plan to accomplish effective communications regarding the child;
(c) the noncustodial parent has the ability to facilitate the increased parent-time;
(d) the increased parent-time would be in the best interest of the child; and
(e) any other factor the court considers relevant.
(3) In determining whether a noncustodial parent has been actively involved in the
child's life, the court shall consider:
(a) demonstrated responsibility in caring for the child;
(b) involvement in day care;
(c) presence or volunteer efforts in the child's school and at extracurricular activities;
(d) assistance with the child's homework;
(e) involvement in preparation of meals, bath time, and bedtime for the child;
(f) bonding with the child; and
(g) any other factor the court considers relevant.
(4) In determining whether a noncustodial parent has the ability to facilitate the
increased parent-time, the court shall consider:
(a) the geographic distance between the residences of the parents and the distance
between the parents' residences and the child's school;
(b) the noncustodial parent's ability to assist with after school care;
(c) the health of the child and the noncustodial parent, consistent with Subsection
30-3-10
(4);
(d) flexibility of employment or other schedule of the parent;
(e) ability to provide appropriate playtime with the child;
(f) history and ability of the parent to implement a flexible schedule for the child;
(g) physical facilities of the noncustodial parent's residence; and
(h) any other factor the court considers relevant.
(5) [
Any elections
] 
An election
 required to be made in accordance with this section by
either parent concerning parent-time shall be made a part of the decree and made a part of the
parent-time order. [
Elections
] 
An election
 may only be changed by mutual agreement, court
order, or by the noncustodial parent in the event of a change in the child's schedule.
(6) If the parties agree or the court enters an order for the optional parent-time schedule
as set forth in this section, a parenting plan in compliance with Sections 
30-3-10.7
 through
30-3-10.10
 shall be filed with any order incorporating the following optional parent-time
schedule:
(a) The noncustodial parent or the court may specify one weekday for parent-time. If
no day is specified, weekday parent-time shall be on Wednesday from 5:30 p.m. until the
following day when delivering the child to school, or until 8 a.m., if there is no school the
following day. Once the election of the weekday is made, it may only be changed in
accordance with Subsection (5). At the election of the noncustodial parent, weekday
parent-time may commence:
(i) from the time the child's school is regularly dismissed; or
(ii) if school is not in session, and the parent is available to be with the child, at
approximately 8 a.m., accommodating the custodial parent's work schedule.
(b) Beginning on the first weekend after the entry of the decree, the noncustodial parent
shall be entitled to alternating weekends beginning on the first weekend after the entry of the
decree from 6 p.m. on Friday until Monday when delivering the child to school, or until 8 a.m.
if there is no school on Monday. At the election of the noncustodial parent, weekend
parent-time may commence:
(i) from the time the child's school is regularly dismissed on Friday; or
(ii) if school is not in session, and the parent is available to be with the child, at
approximately 8 a.m. on Friday, accommodating the custodial parent's work schedule.
(c) [
The provisions of
] Subsections 
30-3-35
(2)(f) through [
(o) shall be
] 
(p) are
incorporated [
here
] 
into this section
 and constitute the parent-time schedule with the exception
that all instances that require the noncustodial parent to return the child at any time after 6 p.m.
be changed so that the noncustodial parent is required to return the child to school the next
morning or at 8 a.m., if there is no school.
(7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
parent may pick up the child if the custodial parent is aware of the identity of the individual,
and if the noncustodial parent will be with the child by 7 p.m.
(8) Weekends include any "snow" days, teacher development days, or other days when
school is not scheduled and that are contiguous to the weekend period.
(9) Holidays include any "snow" days, teacher development days after the child begins
the school year, or other days when school is not scheduled, contiguous to the holiday period,
and take precedence over weekend parent-time. Changes may not be made to the regular
rotation of the alternating weekend parent-time schedule.
(a) If a holiday falls on a school day, the noncustodial parent shall be responsible for
the child's attendance at school for that school day.
(b) If a holiday falls on a weekend or on a Friday or Monday and the total holiday
period extends beyond that time so that the child is free from school and the parent is free from
work, the noncustodial parent shall be entitled to this lengthier holiday period.
(c) At the election of the noncustodial parent, parent-time over a scheduled holiday
weekend may begin from the time the child's school is dismissed at the beginning of the
holiday weekend or, if school is not in session, and if the noncustodial parent is available to be
with the child, parent-time over a scheduled holiday weekend may begin at approximately 8
a.m., accommodating the custodial parent's work schedule, unless the court directs the
application of Subsection (6)(a).
(10) Birthdays take precedence over holidays and extended parent-time, except
Mother's Day and Father's Day. Birthdays do not take precedence over uninterrupted
parent-time if the parent exercising uninterrupted time is out of town for the uninterrupted
extended parent-time. At the discretion of the noncustodial parent, other siblings may be taken
along for birthdays.
(11) Notwithstanding Subsection (9)(b), the Halloween holiday may not be extended
beyond the hours designated in Subsection 
30-3-35
(2)(g)(vi).
(12) If there are children aged 5 to 18 and children under the age of five who are the
natural or adopted children of the parties, the parents and the court should consider an upward
deviation for parent-time with all the minor children so that parent-time is uniform based on a
schedule pursuant to this section.
Section 4. Section 
30-3-35.5
 is amended to read:
30-3-35.5.
Minimum schedule for parent-time for children under five years of
age.
(1) The parent-time schedule in this section applies to children under five years old.
(2) All holidays in this section refer to the same holidays referenced in Section
30-3-35
.
(3) If the parties do not agree to a parent-time schedule, the following schedule shall be
considered the minimum parent-time to which the noncustodial parent and the child shall be
entitled.
(a) For children under five months of age:
(i) six hours of parent-time per week to be specified by the court or the noncustodial
parent preferably:
(A) divided into three parent-time periods; and
(B) in the custodial home, established child care setting, or other environment familiar
to the child; and
(ii) two hours on holidays and in the years specified in Subsections 
30-3-35
(2)(f)
through [
(j)
] 
(k)
 preferably in the custodial home, the established child care setting, or other
environment familiar to the child.
(b) For children five months of age or older, but younger than nine months of age:
(i) nine hours of parent-time per week to be specified by the court or the noncustodial
parent preferably:
(A) divided into three parent-time periods; and
(B) in the custodial home, established child care setting, or other environment familiar
to the child; and
(ii) two hours on the holidays and in the years specified in Subsections 
30-3-35
(2)(f)
through [
(j)
] 
(k)
 preferably in the custodial home, the established child care setting, or other
environment familiar to the child.
(c) For children nine months of age or older, but younger than 12 months of age:
(i) one eight hour visit per week to be specified by the noncustodial parent or court;
(ii) one three hour visit per week to be specified by the noncustodial parent or court;
(iii) eight hours on the holidays and in the years specified in Subsections 
30-3-35
(2)(f)
through [
(j)
] 
(k)
; and
(iv) brief telephone contact and other virtual parent-time, if the equipment is
reasonably available, with the noncustodial parent at least two times per week, provided that if
the parties cannot agree on whether the equipment is reasonably available, the court shall
decide whether the equipment for virtual parent-time is reasonably available, taking into
consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.
(d) For children 12 months of age or older, but younger than 18 months of age:
(i) one eight-hour visit per alternating weekend to be specified by the noncustodial
parent or court;
(ii) on opposite weekends from Subsection (3)(d)(i), from 6 p.m. on Friday until noon
on Saturday;
(iii) one three-hour visit per week to be specified by the noncustodial parent or court;
(iv) eight hours on the holidays and in the years specified in Subsections 
30-3-35
(2)(f)
through [
(j)
] 
(k)
; and
(v) brief telephone contact and other virtual parent-time, if the equipment is reasonably
available, with the noncustodial parent at least two times per week, provided that if the parties
cannot agree on whether the equipment is reasonably available, the court shall decide whether
the equipment for virtual parent-time is reasonably available, taking into consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.
(e) For children 18 months of age or older, but younger than three years of age:
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
noncustodial parent or court; however, if the child is being cared for during the day outside his
regular place of residence, the noncustodial parent may, with advance notice to the custodial
parent, pick up the child from the caregiver at an earlier time and return him to the custodial
parent by 8:30 p.m.;
(ii) alternative weekends beginning on the first weekend after the entry of the decree
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
(iii) parent-time on holidays as specified in Subsections 
30-3-35
(2)(c) through [
(j)
] 
(k)
;
(iv) extended parent-time may be:
(A) two one-week periods, separated by at least four weeks, at the option of the
noncustodial parent;
(B) one week shall be uninterrupted time for the noncustodial parent;
(C) the remaining week shall be subject to parent-time for the custodial parent
consistent with these guidelines; and
(D) the custodial parent shall have an identical one-week period of uninterrupted time
for vacation; and
(v) brief telephone contact and virtual parent-time, if the equipment is reasonably
available, with the noncustodial parent at least two times per week, provided that if the parties
cannot agree on whether the equipment is reasonably available, the court shall decide whether
the equipment for virtual parent-time is reasonably available, taking into consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.
(f) For children three years of age or older, but younger than five years of age:
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the
noncustodial parent or court; however, if the child is being cared for during the day outside his
regular place of residence, the noncustodial parent may, with advance notice to the custodial
parent, pick up the child from the caregiver at an earlier time and return him to the custodial
parent by 8:30 p.m.;
(ii) alternative weekends beginning on the first weekend after the entry of the decree
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
(iii) parent-time on holidays as specified in Subsections 
30-3-35
(2)(c) through [
(j)
] 
(k)
;
(iv) extended parent-time with the noncustodial parent may be:
(A) two two-week periods, separated by at least four weeks, at the option of the
noncustodial parent;
(B) one two-week period shall be uninterrupted time for the noncustodial parent;
(C) the remaining two-week period shall be subject to parent-time for the custodial
parent consistent with these guidelines; and
(D) the custodial parent shall have an identical two-week period of uninterrupted time
for vacation; and
(v) brief telephone contact and virtual parent-time, if the equipment is reasonably
available, with the noncustodial parent at least two times per week, provided that if the parties
cannot agree on whether the equipment is reasonably available, the court shall decide whether
the equipment for virtual parent-time is reasonably available, taking into consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for virtual parent-time; and
(C) any other factors the court considers material.
(4) A parent shall notify the other parent at least 30 days in advance of extended
parent-time or vacation weeks.
(5) Virtual parent-time shall be at reasonable hours and for reasonable duration.