Is There A Minimum Schedule for Custody if Parents can’t Agree?

When divorcing parents in Utah are unable to agree on a visitation schedule, state law allows the courts to make this decision for them. The law, which pertains to children between the ages of 5 and 18, generally spells out when the non-custodial parent can see their children.

Under state guidelines, the non-custodial parent is allowed to choose the times they want to spend with their children. The parent is allowed a weekday evening of their choice from 5:30 p.m. to 8:30 p.m. The default evening is Wednesday if the parent does not make a decision. If school is not in session, the parent may have the child beginning at 9 a.m. The non-custodial parent may also have the child on alternating weekends.

Parents will also alternate custody for holidays. The custodial parent will get the child in years that end in an even number, while the non-custodial parent will get the child on years ending in odd numbers. Parents will split the time for Christmas break, with the courts stipulating how that time is to be shared.

Unless parents can work out a custody agreement on their own, the state has determined this schedule is in the best interests of the child. The non-custodial parent must select the visitation times prior to the divorce decree or court order. These times may not be changed without the mutual agreement of the parents or a court order. When parents are unable to agree on a custody arrangement on their own, they may each wish to retain a family law lawyer to help them work out a plan that is in the best interests of the child and themselves. No information in this article should be construed as specific divorce advice.

Source: Utah State Legislature, “Title 30 Chapter 3 Section 35“, November 17, 2014

Published On: November 20th, 2014Categories: Child Custody, VisitationComments Off on Is There A Minimum Schedule for Custody if Parents can’t Agree?
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About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
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