Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 243 First Substitute (2022GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies and clarifies parent-time schedules; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PARENT-TIME AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill amends provisions related to parent-time schedules.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies and clarifies parent-time schedules; and
▸ makes technical and conforming 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 2019, Chapter 188
REPEALS AND REENACTS:
30-3-35
, as last amended by Laws of Utah 2020, Chapter 50
30-3-35.1
, as last amended by Laws of Utah 2019, Chapter 188
30-3-35.5
, as last amended by Laws of Utah 2017, Chapter 120
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 -- Definitions -- Considerations for parent-time --
Relocation.
[
(1) It is the intent of the Legislature to promote parent-time at a level consistent with
all parties' interests.
]
(1) As used in Sections 
30-3-32
 through 
30-3-37
:
(a) "Child" means the child of divorcing, separating, or adjudicated parents.
(b) "Supervised parent-time" means parent-time that requires the noncustodial parent to
be accompanied during parent-time by an individual approved by the court.
(c) "Surrogate care" means care by any individual other than the parent of the child.
(d) "Uninterrupted time" means parent-time exercised by one parent without
interruption at any time by the presence of the other parent.
(e) "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.
(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 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)
] 
(3)
 An order issued by a court pursuant to Title 78B, Chapter 7, Part 6, Cohabitant
Abuse Protective Orders, shall be considered evidence of real harm or substantiated potential
harm to the child.
[
(3) For purposes of this section through Section 
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 is released
from school for the Christmas or winter school break and ending the evening before the child
returns to school; and
]
[
(ii) for multiple children when the children's school schedules differ, at the option of
the parent exercising the holiday or the parent's half of the holiday, the time period may begin
on the first evening all children's schools are released for the Christmas or winter school break
and end 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 repealed and reenacted to read:
 30-3-35.
Minimum schedule for parent-time for a child five to 18 years old.
(1) As used in this section, "weekends" include any snow days, teacher development
days, or other days when school is not scheduled and that are contiguous to the weekend
period.
(2) The parent-time schedule in this section applies to a child who is five to 18 years
old.
(3) If the parties do not agree to a parent-time schedule for a child described in
Subsection (2), the following schedule is considered the minimum parent-time to which the
noncustodial parent is entitled to the child:
(a) (i) one weekday evening to be specified by the noncustodial parent or the court or
Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
(ii) at the election of the noncustodial parent, one weekday to be specified by the
noncustodial parent or the court:
(A) beginning at the time that the child's school is regularly dismissed and ending at
8:30 p.m.; or
(B) if school is not in session, the noncustodial parent is available to be with the child,
and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and
ending at 8:30 p.m.;
(b) (i) beginning on the first weekend after entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
(ii) at the election of the noncustodial parent and beginning on the first weekend after
the entry of the decree, alternating weekends:
(A) beginning at the time that the child's school is regularly dismissed on Friday and
ending on Sunday at 7 p.m.; or
(B) if school is not in session, the noncustodial parent is available to be with the child,
and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m.
and ending on Sunday at 7 p.m.;
(c) each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection (13); and
(d) extended parent-time with the child when school is not in session for summer break
in accordance with Subsection (4).
(4) (a) For extended parent-time with the child under Subsection (3)(d) and at the
election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
parent-time with the child, which may be consecutive, when school is not in session for
summer break.
(b) For the four weeks of extended parent-time for a noncustodial parent under
Subsection (4)(a):
(i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
noncustodial parent; and
(ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
for a weekday visit on the same day on which the noncustodial parent is granted weekday day
parent-time.
(c) A custodial parent is entitled to uninterrupted parent-time with the child for two
weeks, which may be consecutive, when school is not in session for summer break.
(5) (a) Each parent shall provide notification to the other parent of the parent's plans for
the exercise of extended parent-time for summer break under Subsection (4).
(b) For the notification requirement under Subsection (5)(a):
(i) in odd-numbered years:
(A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
(B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
(ii) in even-numbered years:
(A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
(B) the noncustodial parent shall provide notice to the custodial parent by May 15.
(c) (i) If a parent fails to provide a notification within the time periods described in
Subsection (5)(b), the complying parent may determine the schedule for summer break for the
noncomplying parent.
(ii) If both parents fail to provide notice within the time periods described in
Subsection (5)(b), the first parent to provide notice may determine the schedule for summer
break for the other parent.
(d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
Subsection (4)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
receives notification of the noncustodial parent's plans for the exercise of interrupted extended
parent-time.
(6) (a) An election should be made by the noncustodial parent at the time of entry of
the divorce decree or court order, except that the election may be changed by mutual
agreement, court order, or by the noncustodial parent in the event of a change in the child's
schedule.
(b) An election by either parent concerning parent-time shall be made a part of the
decree and made a part of the parent-time order.
(7) (a) Changes may not be made to the parent-time schedule under this section, except
that if a conflict arises in the parent-time schedule, the following order of precedence shall be
applied when determining which parent is entitled to parent-time:
(i) the holiday schedule for Mother's Day or Father's Day under Subsection (13);
(ii) the holiday schedule for the child's birthday, unless a parent is exercising
uninterrupted extended parent-time under Subsection (4) and takes the child away from that
parent's residence during the uninterrupted extended parent-time;
(iii) the holiday schedule for any holiday under Subsection (13) that is not Father's Day,
Mother's Day, or the child's birthday;
(iv) extended parent-time under Subsection (4); and
(v) the schedule for weekday or weekend parent-time.
(b) A parent exercising parent-time for the child's birthday may bring other siblings
along for the child's birthday.
(8) A stepparent, grandparent, or other responsible adult designated by the noncustodial
parent, may pick up the child for parent-time if the custodial parent is aware of the identity of
the individual and the noncustodial parent will be with the child by 7 p.m.
(9) If a holiday falls on a regularly scheduled school day, the parent exercising
parent-time shall be responsible for the child's attendance at school for that school day.
(10) If there is more than one child and the children's school schedules vary for purpose
of a holiday, at the option of the parent exercising the holiday or the parent's half of the
holiday, the children may remain together for the holiday period beginning the first evening
that all children's schools are dismissed for the holiday and ending the evening before any child
returns to school.
(11) (a) Telephone contact shall be at reasonable hours and for a reasonable duration.
(b) (i) 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.
(ii) 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.
(c) Virtual parent-time supplements, but does not replace, in-person parent-time.
(12) If there is a child five to 18 years old and a child under five years old and both
children 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 children so that parent-time is
uniform based on a schedule under this section.
(13) The following table is the holiday schedule for parent-time under this section.
Holiday
Holiday Time Period
Years
Noncustodial
Parent is
Granted
Holiday
Years
Custodial
Parent is
Granted
Holiday
Dr. Martin
Luther King Jr.
Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session
and the parent can be with the
child;
(b) the time that school is regularly
dismissed; or
(c) 6 p.m. at the election of the
parent granted the holiday.
(2) Holiday ends at 7 p.m. on the
day before school resumes.
Odd years
Even years
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
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
Memorial Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session
and the parent can be with the
child;
(b) the time that school is regularly
dismissed; or
(c) 6 p.m. at the election of the
parent granted the holiday.
(2) Holiday ends at 7 p.m. on the
day before school resumes.
Even years
Odd years
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.
Father's Day
(1) Holiday begins on Father's Day
at 9 a.m.
(2) Holiday ends on Father's Day at
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.
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
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
Labor Day
(1) Holiday begins on Friday at:
(a) 9 a.m. if school is not in session
and the parent can be with the
child;
(b) the time that school is regularly
dismissed; or
(c) 6 p.m. at the election of the
parent granted the holiday.
(2) Holiday ends at 7 p.m. on the
day before school resumes.
Odd years
Even years
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
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
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
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
Thanksgiving
(1) Holiday begins on Wednesday
at:
(a) 6 p.m.; or
(b) the time school is regularly
dismissed for Thanksgiving at the
election of the parent granted the
holiday.
(2) Holiday ends at 7 p.m. on the
night before school resumes.
Even years
Odd years
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
Winter Break
(Second Half)
(1) Holiday begins on December
27th at 7 p.m.
(2) Holiday ends at 7 p.m. on the
night before school resumes.
Even years
Odd years
Day of Child's
Birthday 
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even years
Odd years
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
Section 3. Section 
30-3-35.1
 is repealed and reenacted to read:
 30-3-35.1.
Optional schedule for parent-time for a child five to 18 years old.
(1) As used in this section, "weekends" include any snow days, teacher development
days, or other days when school is not scheduled and that are contiguous to the weekend
period.
(2) (a) The optional parent-time schedule in this section applies to a child who is five
to 18 years old.
(b) The optional parent-time schedule in this section is 145 overnights.
(c) Any impact on child support shall be consistent with joint physical custody, as
defined in Section 
78B-12-102
.
(3) The parents and the court may consider the increased parent-time schedule in this
section as a minimum parent-time schedule when the parties agree or the noncustodial parent
can demonstrate:
(a) the noncustodial parent has been actively involved in the child's life;
(b) the parties can 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.
(4) 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 childcare;
(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.
(5) 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 in accordance with Subsection
30-3-10
(6);
(d) flexibility of employment or another schedule of the noncustodial parent;
(e) ability to provide appropriate playtime with the child;
(f) history and ability of the noncustodial 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.
(6) If the parties agree or the court enters an order for the optional parent-time schedule
under 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 optional parent-time schedule described in
Subsection (7).
(7) The following schedule is considered the optional parent-time to which the
noncustodial parent is entitled to the child:
(a) (i) one weekday evening to be specified by the noncustodial parent or the court or
Wednesday evening if not specified, beginning at 5:30 p.m. and ending the following day upon
delivering the child to school or at 8 a.m. if there is no school; or
(ii) at the election of the noncustodial parent, one weekday specified by the
noncustodial parent or the court:
(A) beginning at the time the child's school is regularly dismissed until the following
day upon delivering the child to school or at 8 a.m. if there is no school; or
(B) if there is no school, the noncustodial parent is available to be with the child, and
in accommodation with the custodial parent's work schedule, beginning at 8 a.m. and ending on
the following day upon delivering the child to school or at 8 a.m. if there is no school;
(b) (i) beginning the first weekend after the entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending on Monday upon delivering the child to school or at 8
a.m. if there is no school; or
(ii) at the election of the noncustodial parent, beginning the first weekend after the
entry of the decree, alternating weekends:
(A) beginning at the time the child's school is regularly dismissed on Friday and ending
on Monday upon delivering the child to school or at 8 a.m. if there is no school; or
(B) if there is no school, the noncustodial parent is available to be with the child, and
in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m. and
ending on Monday upon delivering the child to school or at 8 a.m. if there is no school;
(c) each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection (16); and
(d) extended parent-time with the child when school is not in session for summer break
in accordance with Subsection (8).
(8) (a) For extended parent-time with the child under Subsection (7)(d) and at the
election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
parent-time with the child, which may be consecutive, when school is not in session for
summer break.
(b) For the four weeks of extended parent-time for a noncustodial parent under
Subsection (8)(a):
(i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
noncustodial parent; and
(ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
for a weekday visit on the same day on which the noncustodial parent is granted weekday day
parent-time.
(c) A custodial parent is entitled to uninterrupted parent-time with the child for two
weeks, which may be consecutive, when school is not in session for summer break.
(9) (a) Each parent shall provide notification to the other parent of the parent's plans for
the exercise of parent-time for summer break under Subsection (8).
(b) For the notification requirement under Subsection (9)(a):
(i) in odd-numbered years:
(A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
(B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
(ii) in even-numbered years:
(A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
(B) the noncustodial parent shall provide notice to the custodial parent by May 15.
(c) (i) If a parent fails to provide a notification within the time periods described in
Subsection (9)(b), the complying parent may determine the schedule for summer break for the
noncomplying parent.
(ii) If both parents fail to provide notice within the time periods described in
Subsection (9)(b), the first parent to provide notice may determine the schedule for summer
break for the other parent.
(d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
Subsection (8)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
receives notification of the noncustodial parent's plans for the exercise of interrupted extended
parent-time.
(10) (a) An election should be made by the noncustodial parent at the time of entry of
the divorce decree or court order, except that the election may be changed by mutual
agreement, court order, or by the noncustodial parent in the event of a change in the child's
schedule.
(b) An election by either parent concerning parent-time shall be made a part of the
decree and made a part of the parent-time order.
(11) (a) Changes may not be made to the parent-time schedule under this section,
except that if a conflict arises in the parent-time schedule, the following order of precedence
shall be applied when determining which parent is entitled to parent-time:
(i) the holiday schedule for Mother's Day or Father's Day under Subsection (16);
(ii) the holiday schedule for the child's birthday, unless a parent is exercising
uninterrupted extended parent-time under Subsection (8) and takes the child away from that
parent's residence during the uninterrupted extended parent-time;
(iii) the holiday schedule for any holiday under Subsection (16) that is not Father's Day,
Mother's Day, or the child's birthday;
(iv) extended parent-time under Subsection (8); and
(v) the schedule for weekday or weekend parent-time.
(b) A parent exercising parent-time for the child's birthday may bring other siblings
along for the child's birthday.
(12) A stepparent, grandparent, or other responsible adult designated by the
noncustodial parent, may pick up the child for parent-time if the custodial parent is aware of
the identity of the individual and the noncustodial parent will be with the child by 7 p.m.
(13) If a holiday falls on a regularly scheduled school day, the parent exercising
parent-time shall be responsible for the child's attendance at school for that school day.
(14) If there is more than one child and the children's school schedules vary for purpose
of a holiday, at the option of the parent exercising the holiday or the parent's half of the
holiday, the children may remain together for the holiday period beginning the first evening
that all children's schools are dismissed for the holiday and ending the evening before any child
returns to school.
(15) If there is a child five to 18 years old and a child under five years old and both
children 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 children so that parent-time is
uniform based on a schedule under this section.
(16) The following table is the holiday schedule for parent-time under this section.
 Holiday
Holiday Time Period
Years
Noncustodial
Parent is
Granted
Holiday
Years
Custodial
Parent is
Granted
Holiday
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
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
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
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
Mother's Day
(1) Holiday begins on Mother's Day
at 9 a.m.
(2) Holiday ends on Mother's Day at
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.
Father's Day
(1) Holiday begins on Father's Day
at 9 a.m.
(2) Holiday ends on Father's Day at
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.
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
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
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
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
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
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
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
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
Winter Break
(First Half)
(1) Holiday begins at:
(a) 6 p.m.; or
(b) the time school is regularly
dismissed on the day that school
dismisses for winter break at the
election of the parent granted the
holiday.
(2) Holiday ends on December 27th
at 7 p.m. 
Odd years
Even years
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
Day of Child's
Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even years
Odd years
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
Section 4. Section 
30-3-35.5
 is repealed and reenacted to read:
 30-3-35.5.
Minimum schedule for parent-time for child under five years old.
(1) The parent-time schedule in this section applies to a child who is younger than five
years old.
(2) If the parties do not agree to a parent-time schedule, the schedules in Subsections
(3) through (8) are considered the minimum parent-time to which the noncustodial parent is
entitled to the child.
(3) For a child who is younger than five months old, the noncustodial parent is entitled
to:
(a) three two-hour visits every week; and
(b) two hours for each holiday granted to the noncustodial parent in the holiday
schedule under Subsection (15).
(4) For a child who is at least five months old but younger than nine months old, the
noncustodial parent is entitled to:
(a) three three-hour visits every week; and
(b) two hours for each holiday granted to the noncustodial parent in the holiday
schedule under Subsection (15).
(5) For a child who is at least nine months old but younger than 12 months old, the
noncustodial parent is entitled to the child:
(a) one eight-hour visit every week;
(b) one three-hour visit every week; and
(c) eight hours for each holiday granted to the noncustodial parent in accordance with
the holiday schedule under Subsection (15).
(6) For a child who is at least 12 months old but younger than 18 months old, the
noncustodial parent is entitled to:
(a) one three-hour visit every week;
(b) one eight-hour visit on alternating weekends to be specified by the noncustodial
parent or court;
(c) an overnight visit on opposite weekends from Subsection (6)(b) beginning at 6 p.m.
on Friday and ending at noon on Saturday; and
(d) eight hours for each holiday granted to the noncustodial parent in the holiday
schedule under Subsection (15).
(7) For a child who is at least 18 months old but younger than three years old, the
noncustodial parent is entitled to:
(a) one weekday evening to be specified by the noncustodial parent or the court:
(i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
(ii) if the child is being cared for during the day outside the child's regular place of
residence and with advance notice to the custodial parent, beginning at the time that the child is
picked up from the caregiver and ending at 8:30 p.m.;
(b) beginning on the first weekend after the entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
(c) each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection (15); and
(d) extended parent-time for two one-week periods, separated by at least four weeks, at
the option of the noncustodial parent, as follows:
(i) one week of uninterrupted parent-time for the noncustodial parent; and
(ii) one week of interrupted parent-time where the custodial parent may have an equal
amount of weekday parent-time as the noncustodial parent on the same day on which the
noncustodial parent is granted weekday parent-time under Subsection (7)(a).
(8) For a child who is at least three years old but younger than five years old, the
noncustodial parent is entitled to:
(a) one weekday evening to be specified by the noncustodial parent or the court:
(i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
(ii) if the child is being cared for during the day outside the child's regular place of
residence and with advance notice to the custodial parent, beginning at the time that the child is
picked up from the caregiver and ending at 8:30 p.m.;
(b) beginning on the first weekend after the entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
(c) each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection (15); and
(d) extended parent-time for two two-week periods, separated by at least four weeks, at
the option of the noncustodial parent, as follows:
(i) two weeks of uninterrupted parent-time, which may be consecutive, for the
noncustodial parent; and
(ii) two weeks of interrupted parent-time, which may be consecutive, where the
custodial parent may have an equal amount of weekday parent-time as the noncustodial parent
on the same day on which the noncustodial parent is granted weekday parent-time under
Subsection (8)(a).
(9) For a child who is at least 18 months old but younger than five years old, the
custodial parent is entitled to one week of uninterrupted extended parent-time.
(10) (a) For a child who is nine months old or older, the noncustodial parent shall have
at least two times a week:
(i) brief telephone contact at reasonable hours and for a reasonable duration; and
(ii) virtual parent-time, if the equipment is reasonably available and the parents reside
at least 100 miles apart, at reasonable hours and for reasonable duration.
(b) 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.
(c) Virtual parent-time supplements, but does not replace, in-person parent-time.
(11) For a child who is younger than nine months old, unless the parents agree
otherwise, parent-time should take place in the home of the custodial parent, an established
child-care setting, or other environment familiar to the child.
(12) (a) Changes may not be made to the parent-time schedule under this section,
except that if a conflict arises in the parent-time schedule, the following order of precedence
shall be applied when determining which parent is entitled to parent-time:
(i) the holiday schedule for Mother's Day or Father's Day under Subsection (15);
(ii) the holiday schedule for the child's birthday, unless a parent is exercising
uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and takes the child
away from that parent's residence during the uninterrupted extended parent-time;
(iii) the holiday schedule for any holiday under Subsection (15) that is not Father's Day,
Mother's Day, or the child's birthday;
(iv) extended parent-time under Subsection (7)(d), (8)(d), or (9); and
(v) the schedule for weekday or weekend parent-time.
(b) A parent exercising parent-time for the child's birthday may bring other siblings
along for the child's birthday.
(13) If a holiday falls on a regularly scheduled school day, the parent exercising
parent-time shall be responsible for the child's attendance at school for that school day.
(14) A parent shall notify the other parent at least 30 days in advance of the parent's
plans for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9).
(15) The following table is the holiday schedule for parent-time under this section.
 Holiday
Holiday Time Period
Years
Noncustodial
Parent is
Granted
Holiday
Years
Custodial
Parent is
Granted
Holiday
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
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
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
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
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.
Father's Day
(1) Holiday begins on Father's Day
at 9 a.m.
(2) Holiday ends on Father's Day at
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.
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
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
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
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
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
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
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
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
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
Winter Break
(Second Half)
(1) Holiday begins on December
27th at 7 p.m.
(2) Holiday ends at 7 p.m. on the
night before school resumes.
Even years
Odd years
Day of Child's
Birthday 
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even years
Odd years
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