By Jill L. Coil for CoilLaw, LLC
If you are reading this article it is because you most likely have an order regarding your summer parent time here in Utah and probably wondering why it is so confusing. Well, that is because our legislators, who are the ones that write the statutes, want to make things way more complicated than needed. Therefore, below is Utah’s Summer Parent Time/Holidays Broken Down:
Parent Time and Holiday Breakdown
1. Does Summer Parent Time Trump everything else? No. The easiest way to remember parent time is as follows: Normal Parent time is trumped by Summer parent time and Holidays; Summer Parent Time is Trumped by Holidays; Nothing trumps a holiday. Keep this in mind when planning your summer parent time.
2. Custodial Parent v. Non-Custodial Parent- Whether you have sole physical custody and/or joint physical custody, you need to understand if you are the custodial parent and/or the non-custodial parent for Holidays. This is usually laid out in your current order. Once you have clarified which parent you are for Holidays it makes it much easier to understand how to figure out your summer parent time.
- If you are the non-custodial parent for Holiday parent time, remember that everything in the holiday statute is written to maximize your parent time. Thus, understanding the statute so that you ensure you get the most time possible with your children is important
3. Sole Physical Custody v. Joint Physical Custody: Understanding if you have sole physical custody and/or joint physical custody is important to understanding your summer parent time. In Utah, to have “Joint Physical Custody” you should have at least 111 overnights per year. Usually, this designation is laid out in your order. However, if not, look at your parent time and count the overnight’s you have per year.
4. What if I am the Custodial Parent? Your holiday parent time stays the same no matter what parent time schedule the Non-Custodial Parent has. You will always get your holidays, pursuant to the statute, and you will get Two Weeks of Uninterrupted Parent Time in the Summer. The only time you will receive more holiday parent time is if your Order Specifically awards it to you.
5. 30-3-35 v. 30-3-35.1: If you are the non-custodial parent there is a good chance that you have been awarded parent time pursuant to Utah Code 30-3-35 or 30-3-35.1 or at least you have been awarded Holiday parent time in line with these codes. The important thing to remember is with either parent time schedule you have the SAME HOLIDAY PARENT TIME.
6.Non-Custodial Summer Parent Time:
|EXTENDED SUMMER PARENT-TIME NON-CUSTODIAL PARENT’S
WHO HAVE UCA 30-3-35 OR 30-3-35.1
|Non-Custodial Parent||Two weeks of uninterrupted Parent Time during the Summer – (Two weeks straight without custodial parent seeing children)
Two weeks of interrupted Parent Time during the Summer – (Each Week custodial parent gets one mid-week visit from 5:30 – 8:30 p.m. to see the children)
7. July 4 and July 24 Holiday: If you have odd numbered years for holidays, then you have July 4 this year (2017). If you have even numbered years for holidays, then you have July 24 this year.
|July 4 (6 pm on July 3 to 11 pm on July 4 or no later than 6 pm on July 5 at the option of the parent exercising the option)||July 24 (6 pm on July 23 to 11 pm on July 24 or no later than 6 pm on July 25 at the option of the parent exercising the option)|
Contact Us Today
Shall you have questions and/or have issues regarding your summer or holiday parent time you need to ensure you consult with a competent family law attorney that understands the issues and the statutes. At CoilLaw, LLC, attorney Jill Coil knows how to advise you on issues, such as Summer Parent Time and Holidays. At CoilLaw we are ready and available to help you if needed. If you need legal advice concerning a Utah family law issue, call Jill Coil at CoilLaw LLC in Utah at (801) 939-6027 today.