STATUTE

Cragun Law Firm’s Interpretation

(1)

(1) The parent-time schedule in this section applies to children 5 to 18 years of age.

(2)

(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.

(2)(a)(i)
MID-WEEK

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(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).

MID-WEEK. 

DEFAULT.  The NCP gets a mid-week visit and decides the day!  If doesn’t decide then Wednesday 5:30 p.m. - 8:30 p.m. is default.

DURING SCHOOL:  NCP decides if starting mid-week visit from time school is out until 8:30 p.m. 

SCHOOL BREAKS: NCP decides if starting mid-week visit as early as 9:00 a.m.

However, the “or’ seems to indicate you get (A) and (B) or you get (C) but not both.  This is supported by the statement “unless the court directs the application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).” 

No stepparents or grandparents caring for child on mid-week visit because says “if the NCP is available to be with the child.” 

[Poorly drafted section because CP has room to disrupt NCP choice by claiming an “accommodation” problem and who knows what that means (i.e. CP doesn’t work so NCP can’t exercise option?). 

[The NCP has the power. Statute no longer says who transports.  U.C.A. §30-3-33(4).]

(2)(a)(ii)

(a) (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.

ONE AND DONE!  

RULE.  Once NCP decides mid-week options then remains consistent and NCP can’t change.

EXCEPTION.  Unless parties agree or court orders a change. 

[The CP has the power.]  

(2)(b)(i)
WEEKENDS

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(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).

WEEKENDS.  Every other weekend starting Friday at 6:00 p.m. and ending Sunday at 7:00 p.m. 

[Statute no longer says who transports.  U.C.A. §30-3-33(4)]. 

DURING SCHOOL:  NCP decides whether to start weekend visit from time school is out or at 6:00 p.m..  

SCHOOL BREAKS: NCP decides whether to start weekend visit as early as 9:00 a.m.  No stepparents or grandparents caring for child because says “if the NCP is available to be with the child.” 

However, the “or’ seems to indicate you get (A) and (B) or you get (C) but not both.  This is supported by the statement “unless the court directs the application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).

[The NCP has the power.]

(2)(b)(ii)

(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.

Third parties can transport the child if the CP knows or is reasonably aware of who that person is and NCP will be with the minor child by 7:00 p.m.  

[The logic is: there is a reason it’s called “parent-time.”  It should be spent primarily with the parent!] 

(2)(b)(iii)

(iii) Elections 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.

ONE AND DONE!  

RULE.  Once NCP decides options then remains consistent and NCP can’t change.

EXCEPTION.  Unless parties agree, court orders or change in child’s schedule (probably that significantly disrupted existing parent-time).   

[The CP has the power.]

(2)(b)(iv)

(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.

Weekends get trumped by “holidays;” just read the next section!  

(2)(c)
HOLIDAYS

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(c) Holidays include any “snow” days, teacher development days, 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, 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 takes the child away from that parent’s residence for the uninterrupted extended parent-time.

HOLIDAYS.  ♥♠♣♦This section is like a fun card game with lots of rules or at least a card game made up by that really smart uncle with no understanding of common sense or how simple some of regular folk are.  Here goes! 

The Holiday card trumps a Weekend card.  The Birthday card (very powerful) trumps Holiday, Weekend and Extended Parent-Time cards (but only if out-of-town). 

However, the Uninterrupted Parent-Time card beats the Birthday, Holiday, Weekend and Extended Parent-Time cards. 

The Mother’s Day and Father’s Day cards are The Trump Card because they win everything.   

Weak to Strong = Weekend, Holiday, Extended Parent-Time, Interrupted Parent-Time , Birthday, Uninterrupted Parent-Time, Mother’s/Father’s Day. 

(2)(d)

(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.

NCPs are capable of being responsible and therefore should get the child to school if in their care (normally Columbus Day and Veteran’s Day). 

(2)(e)(i)

(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.

RULE.  Poorly drafted but it means the Holiday card has trumped Weekend card and that if the Holiday is longer than the Weekend then NCP can keep child.  Most district holidays fall on Monday so parent should get the Friday after school to following Monday night.    

EXCEPTION.  However, NCP can only play this card if 1) no school; and 2) NCP no work.  This card game sucks!

(2)(e)(ii)

(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).

DURING SCHOOL.  NCP can pick up child right after school on last day prior to holiday through 7:00 p.m. of end of weekend or holiday (whichever is later). 

SCHOOL BREAKS: NCP decides whether to start holiday visit at 9:00 a.m. but gets tied up in the CP declaring the “accommodation” problem again. 

Same “accommodation” vagueness by CP is possible.

[The NCP has the power.]

(2)(e)(iii)

(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.

Third parties can transport the child if the CP knows or is reasonably aware of who that person is and NCP will be with the minor child by 7:00 p.m.  

(2)(e)(iv)

(iv) Elections 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.

[The CP has the power.]

However, the NCP has ability to additionally rely on the “change in the child’s schedule” to make the change and same vagueness argument that CP has on “accommodation” the NCP can use because the “change” is never defined. 

(2)(f)

(f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays:

Refresh your memory on the rules of crazy uncle’s card game above!  NCP gets the following in 2009, 2011, 2013, 2015, 2017, 2019, etc……  

ODD YEARS

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(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 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) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the Sunday 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 until 1 p.m. on the day halfway through the holiday, 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 is equally divided.

1.  Day before/after child’s birthday 3-9 p.m. (NCP decides).
2.  Martin Luther King.
3.  Spring Break (more time awarded here than before).
4.  July 4.
5.  Labor Day.
6.  Fall School Break (U.E.A.) (more time awarded here than before).
7.  Veteran’s Day (in school holiday).   
8.  First ½ Christmas. 

(2)(g)

(g) In years ending in an even number, the noncustodial parent is entitled to the following holidays:

Refresh your memory on the rules of crazy uncle’s card game above!  NCP gets the following in 2008, 2010, 2012, 2014, 2016, 2018, etc…… 

EVEN YEARS

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(i) child’s birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he 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, 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 is equally divided.

1. Child’s birthday 3-9 p.m. (actual day)
2. President’s Day.
3. Memorial Day.
4. July 24
5. Columbus Day (in school holiday).
6. Halloween 4-9 p.m.(see bottom section (4) for more). 
7. Thanksgiving. 
8. Second ½ Christmas. 

(2)(h)

(h) The custodial parent is entitled to the odd year holidays in even years and the even year holidays in odd years.

CP gets opposite year holidays.  Simple for Uncle Brainiac but for the rest of us needs to be spelled out! 

(2)(i)

(i) 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.

Father’s Day is sacrosanct.  It trumps everything!  Luckily, Mother’s Day and Father’s Day can’t fight or the world would be destroyed. 

(2)(j)

(j) 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.

Mother’s Day is sacrosanct.  It trumps everything!  Luckily, Mother’s Day and Father’s Day can’t fight or the world would be destroyed.  

(2)(k)
EXTENDED PARENT-TIME

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(k) Extended parent-time with the noncustodial parent may be:

Notice they aren’t calling this summer parent-time anymore which is really strange.  When is this supposed to occur?  Remember, law still says that can’t take child out-of-school for parent-time. 

(i) up to four weeks consecutive 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.

RULE.  NCP gets 4 weeks and NCP decides if all together or separated out.  Two weeks uninterrupted (no midweek visits) and two weeks interrupted (midweek visits but not weekend).

EXCEPTIONS.  Not over holiday of other parent. Also, if out-of-town then that could trump the holiday.   

(2)(l)

(l) The custodial parent shall have an identical two-week period of uninterrupted time during the children’s summer vacation from school for purposes of vacation.

CP gets 2 weeks uninterrupted parent-time solely during children’s summer vacation. 
[Language limits CP to summer but above language doesn’t limit NCP to summer.  What does that mean?]

(2)(m)

(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days in advance 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.

30 days advance notice and if don’t provide then other parent gets to “determine” the schedule. 

(2)(n)

(n) Telephone contact shall be at reasonable hours and for a reasonable duration.

(2)(o)

(o) 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)

(3) Any elections 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.

The best guess on this section is that the Decree and/or Parenting Plan would need to incorporate the elections into the document.    

(4)

(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi).

Halloween holiday is locked in; no additional time that would apply to other holidays.