Most parents go into a custody case thinking in extremes, such as that they will either get 50/50 custody or barely see their kids at all. In reality, Utah parent-time rules tend to be much more structured than that.
So, what is the minimum parent-time a parent can get in Utah, then? There is a statutory minimum parent-time schedule, but it is not guaranteed in every case.
In this guide, child custody lawyers in Salt Lake City explain what the minimum schedule is, when it applies, and when you may get less time than it allows.
The Short Answer
Utah law provides a minimum parent-time schedule under Utah Code § 30-3-35.
This typically includes:
- Every other weekend
- One weekday evening each week
- Alternating holidays
- Extended time during the summer
This is often referred to as the “minimum schedule” for a noncustodial parent. But it’s important to understand that it’s a baseline, not an automatic entitlement.
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What the Minimum Schedule Looks Like
While details can vary, a typical minimum parent-time schedule includes weekends, weekday time, and holiday and summer allowances. Here’s a look at how that can break down:
- Weekends: Every other weekend, usually from Friday evening to Sunday evening
- Weekday Time: One evening per week that typically lasts a few hours, not overnight
- Holidays: Alternating major holidays (such as Thanksgiving parent-time in Utah)
- Summer: Extended time during the summer months, often several consecutive weeks
This structure ensures ongoing, consistent contact with both parents.
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When the Minimum Applies
The minimum schedule is commonly used when:
- One parent is designated as the primary custodial parent.
- The other parent has fewer than 111 overnights per year.
- The court believes this level of time is appropriate for the child.
It provides a starting framework for parent-time.
When a Parent Might Get Less Than the Minimum
This is where expectations need to be realistic. The court can order less than the statutory minimum if it believes it’s necessary to protect the child.
That may happen in cases involving:
- Safety concerns
- Substance abuse
- Domestic violence
- Neglect or instability
- Lack of an established relationship with the child
In those situations, the court may:
- Limit parent-time
- Require supervision
- Gradually increase time over time
The focus is always the same: the child’s best interests rather than a preset schedule.
Can a Parent Get More Than the Minimum?
Yes, and often, they do. Utah also recognizes expanded schedules, including:
- 111-plus overnights (an “expanded” parent-time schedule under Utah Code Section 81-9-303)
- 50/50 custody arrangements
Courts may award more time when:
- Both parents are actively involved.
- There is good communication.
- The arrangement supports stability for the child.
As you go through the custody process, remember that the minimum parent-time a parent can get in Utah is truly just the floor, not the ceiling. Depending on your situation, you could end up with much more time than it allows.
What Courts Actually Look At
When determining parent-time, Utah courts consider:
- The child’s needs and stability
- Each parent’s ability to provide care
- The relationship between parent and child
- Each parent’s past involvement
- Any concerns about safety or judgment
The schedule is built around what works for the child, not what feels equal to the parents.
A Common Misunderstanding
Many parents assume that the minimum is what they’ll get if things don’t go their way. However, that’s not always true. You could receive:
- More than the minimum
- Exactly the minimum
- Or less than the minimum
How much time you get will depend on the facts of your case.
A More Strategic Way to Think About It
Instead of focusing only on “how much time,” it helps to focus on:
- Consistency in your involvement
- Credibility in how you show up as a parent
- Stability in your home and schedule
Those are the factors that influence outcomes over time. Remaining an involved parent is one way to boost your chances of getting the time you want with your children.
The Bottom Line on the Min
In Utah, the statutory minimum parent-time schedule generally includes alternating weekends, one weekday evening, holidays, and extended summer time. But it is not guaranteed.
The court can order more (or less) depending on what serves the child’s best interests. If you would like to learn more, give the team at Brown Family Law a call for a consultation.
