Every spring the same calls come in. One parent wants to take the kids to visit family in July, the other has already booked a lake trip for the same week, and nobody wrote anything down. Utah’s summer parent-time rules exist to prevent exactly that, and they work well if you know them. Here is how summer parent-time is set up under Utah Code 81-9-302, the minimum schedule for children five to eighteen, and what to do about the most common problems.
First, check your decree
The statute is a default. If your divorce decree or custody order has its own summer schedule, that schedule controls. Many Utah decrees simply adopt the statutory minimum by reference, and some use the optional expanded schedule in 81-9-303 or the equal schedule in 81-9-305, each of which handles summer differently. If you are not sure which applies, read your decree before you read anything else, and call us if it is unclear.
The noncustodial parent’s four weeks
Under the minimum schedule, the noncustodial parent (the parent with fewer overnights) is entitled to up to four weeks of parent-time when school is not in session for summer break. Those four weeks may be taken consecutively, or split into two separate two-week blocks.
Two of the four weeks are uninterrupted. The custodial parent gets no midweek visit during that time. The other two weeks may be interrupted by the custodial parent for a weekday visit, and the custodial parent has to say so within ten days of receiving the noncustodial parent’s summer plans.
The custodial parent’s two weeks
The custodial parent is entitled to two uninterrupted weeks of their own during summer break, which also may be consecutive. During those two weeks the noncustodial parent’s regular weekday and weekend time does not happen.
Outside of those elected blocks, the regular school-year schedule (the alternating weekends and the midweek overnight) continues through the summer.
The deadlines that decide everything
This is where most summer disputes are won or lost. The statute sets a notice order that alternates by year:
In odd-numbered years, the noncustodial parent gives written notice of their summer dates by May 1, and the custodial parent responds with their two weeks by May 15.
In even-numbered years, it flips: the custodial parent goes first by May 1, and the noncustodial parent responds by May 15.
The parent who gives notice first gets first pick. If a parent misses their deadline, the parent who complied gets to set the summer schedule for the parent who did not. In practice that means a parent who forgets to send a notice by May 1 can find that their preferred weeks are already taken and there is nothing the court will do about it.
Send the notice in writing, keep a copy, and send it early. Email or a co-parenting app both work. A text message is technically written notice but is easy to lose.
Holidays inside the summer
Summer parent-time does not override the holiday schedule. Father’s Day and Mother’s Day go to the respective parent every year. Independence Day and Pioneer Day alternate by year under the holiday rules. If your four-week block runs across a holiday that belongs to the other parent, the holiday time is carved out unless you agree otherwise. Our separate article on Utah holiday parent-time walks through the rotation.
Travel during summer parent-time
A parent may generally travel with the children during their own parent-time, including out of state, unless the decree says otherwise. Providing an itinerary and contact information is expected and is a good idea even where it is not required. Moving, as opposed to traveling, is different: a parent who intends to relocate 150 miles or more must give sixty days’ written notice under Utah Code 81-9-209. For the details on trips, passports, and international travel, see our article on Utah custody travel rules for summer trips.
When the other parent will not follow the schedule
If the other parent refuses to hand over the children for your elected summer time, document it, keep your own plans reasonable, and file a motion to enforce the parent-time order. Utah courts can order make-up time, fees, and in repeated cases a change of custody. Withholding a child during another parent’s court-ordered time can also be custodial interference, a crime under Utah Code 76-5-303. What you should not do is take matters into your own hands by withholding the children in return; the court treats both parents’ violations the same way.
Equal and expanded schedules
If your decree uses the optional expanded schedule (81-9-303), the noncustodial parent already has additional overnights and a different summer structure. If it uses the equal schedule (81-9-305), the parents typically alternate weeks through the summer with each parent entitled to an uninterrupted vacation block. Both schedules still run on notice deadlines, so the same advice applies: read the decree, calendar the dates, and give notice in writing.
Planning tips that prevent the fight
Calendar May 1 and May 15 every year, and know which parent goes first in which year. Send your notice weeks early rather than on the deadline. Put your plans in the co-parenting app where both parents can see them. Book nonrefundable travel only after your dates are confirmed. And if the other parent proposes a change that works for you, agree in writing so there is a record.
We can help with the summer schedule
If your decree is unclear, your ex is ignoring the deadlines, or you want to modify the summer arrangement to fit how your family actually lives, CoilLaw can help. We handle custody and parent-time matters throughout Utah.
This article is general information about Utah law, not legal advice for your situation.
