Enrolled Copy S.B. 51
1 PARENT-TIME AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd D. Weiler
5 House Sponsor: Sandra Hollins
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to parent-time schedules.
10 Highlighted Provisions:
11 This bill:
12 < clarifies parent-time for certain holidays;
13 < addresses Juneteenth National Freedom Day in regard to the holiday schedule for
14 parent-time;
15 < clarifies the purpose of the number of overnights for the optional parent-time
16 schedule for a child who is five to 18 years old; and
17 < makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 30-3-35, as repealed and reenacted by Laws of Utah 2022, Chapter 471
25 30-3-35.1, as repealed and reenacted by Laws of Utah 2022, Chapter 471
26 30-3-35.5, as repealed and reenacted by Laws of Utah 2022, Chapter 471
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 30-3-35 is amended to read:
 S.B. 51 Enrolled Copy
30 30-3-35. Minimum schedule for parent-time for a child five to 18 years old.
31 (1) As used in this section[, "weekends"]:
32 (a) "Juneteenth National Freedom Day" means the day on which the Juneteenth
33 National Freedom Day holiday is celebrated in this state in accordance with Section
34 63G-1-301.
35 (b) "Weekends" include any snow days, teacher development days, or other days when
36 school is not scheduled and that are contiguous to the weekend period.
37 (2) The parent-time schedule in this section applies to a child who is five to 18 years
38 old.
39 (3) If the parties do not agree to a parent-time schedule for a child described in
40 Subsection (2), the following schedule is considered the minimum parent-time to which the
41 noncustodial parent is entitled to the child:
42 (a) (i) one weekday evening to be specified by the noncustodial parent or the court or
43 Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30 p.m.; or
44 (ii) at the election of the noncustodial parent, one weekday to be specified by the
45 noncustodial parent or the court:
46 (A) beginning at the time that the child's school is regularly dismissed and ending at
47 8:30 p.m.; or
48 (B) if school is not in session, the noncustodial parent is available to be with the child,
49 and in accommodation with the custodial parent's work schedule, beginning at 9 a.m. and
50 ending at 8:30 p.m.;
51 (b) (i) beginning on the first weekend after entry of the decree, alternating weekends
52 beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
53 (ii) at the election of the noncustodial parent and beginning on the first weekend after
54 the entry of the decree, alternating weekends:
55 (A) beginning at the time that the child's school is regularly dismissed on Friday and
56 ending on Sunday at 7 p.m.; or
57 (B) if school is not in session, the noncustodial parent is available to be with the child,
-2-
 Enrolled Copy S.B. 51
58 and in accommodation with the custodial parent's work schedule, beginning on Friday at 9 a.m.
59 and ending on Sunday at 7 p.m.;
60 (c) each holiday granted to the noncustodial parent in accordance with the holiday
61 schedule described in Subsection (13); and
62 (d) extended parent-time with the child when school is not in session for summer break
63 in accordance with Subsection (4).
64 (4) (a) For extended parent-time with the child under Subsection (3)(d) and at the
65 election of the noncustodial parent, the noncustodial parent is entitled up to four weeks of
66 parent-time with the child, which may be consecutive, when school is not in session for
67 summer break.
68 (b) For the four weeks of extended parent-time for a noncustodial parent under
69 Subsection (4)(a):
70 (i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
71 noncustodial parent; and
72 (ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
73 for a weekday visit on the same day on which the noncustodial parent is granted weekday day
74 parent-time.
75 (c) A custodial parent is entitled to uninterrupted parent-time with the child for two
76 weeks, which may be consecutive, when school is not in session for summer break.
77 (5) (a) Each parent shall provide notification to the other parent of the parent's plans for
78 the exercise of extended parent-time for summer break under Subsection (4).
79 (b) For the notification requirement under Subsection (5)(a):
80 (i) in odd-numbered years:
81 (A) the noncustodial parent shall provide notice to the custodial parent by May 1; and
82 (B) the custodial parent shall provide notice to the noncustodial parent by May 15; and
83 (ii) in even-numbered years:
84 (A) the custodial parent shall provide notice to the noncustodial parent by May 1; and
85 (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
-3-
 S.B. 51 Enrolled Copy
86 (c) (i) If a parent fails to provide a notification within the time periods described in
87 Subsection (5)(b), the complying parent may determine the schedule for summer break for the
88 noncomplying parent.
89 (ii) If both parents fail to provide notice within the time periods described in
90 Subsection (5)(b), the first parent to provide notice may determine the schedule for summer
91 break for the other parent.
92 (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
93 Subsection (4)(b)(ii), the custodial parent shall provide notification to the noncustodial parent
94 of the intent to interrupt parent-time within 10 days after the day on which the custodial parent
95 receives notification of the noncustodial parent's plans for the exercise of interrupted extended
96 parent-time.
97 (6) (a) An election should be made by the noncustodial parent at the time of entry of
98 the divorce decree or court order, except that the election may be changed by mutual
99 agreement, court order, or by the noncustodial parent in the event of a change in the child's
100 schedule.
101 (b) An election by either parent concerning parent-time shall be made a part of the
102 decree and made a part of the parent-time order.
103 (7) (a) Changes may not be made to the parent-time schedule under this section, except
104 that if a conflict arises in the parent-time schedule, the following order of precedence shall be
105 applied when determining which parent is entitled to parent-time:
106 (i) the holiday schedule for Mother's Day or Father's Day under Subsection (13);
107 (ii) the holiday schedule for the child's birthday, unless a parent is exercising
108 uninterrupted extended parent-time under Subsection (4) and takes the child away from that
109 parent's residence during the uninterrupted extended parent-time;
110 (iii) the holiday schedule for any holiday under Subsection (13) that is not Father's Day,
111 Mother's Day, or the child's birthday;
112 (iv) extended parent-time under Subsection (4); and
113 (v) the schedule for weekday or weekend parent-time.
-4-
 Enrolled Copy S.B. 51
114 (b) A parent exercising parent-time for the child's birthday may bring other siblings
115 along for the child's birthday.
116 (8) A stepparent, grandparent, or other responsible adult designated by the noncustodial
117 parent, may pick up the child for parent-time if the custodial parent is aware of the identity of
118 the individual and the noncustodial parent will be with the child by 7 p.m.
119 (9) If a holiday falls on a regularly scheduled school day, the parent exercising
120 parent-time shall be responsible for the child's attendance at school for that school day.
121 (10) If there is more than one child and the children's school schedules vary for purpose
122 of a holiday, at the option of the parent exercising the holiday or the parent's half of the
123 holiday, the children may remain together for the holiday period beginning the first evening
124 that all children's schools are dismissed for the holiday and ending the evening before any child
125 returns to school.
126 (11) (a) Telephone contact shall be at reasonable hours and for a reasonable duration.
127 (b) (i) Virtual parent-time, if the equipment is reasonably available and the parents
128 reside at least 100 miles apart, shall be at reasonable hours and for reasonable duration.
129 (ii) If the parties cannot agree on whether the equipment is reasonably available, the
130 court shall decide whether the equipment for virtual parent-time is reasonably available, taking
131 into consideration:
132 (A) the best interests of the child;
133 (B) each parent's ability to handle any additional expenses for virtual parent-time; and
134 (C) any other factors the court considers material.
135 (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
136 (12) If there is a child five to 18 years old and a child under five years old and both
137 children are the natural or adopted children of the parties, the parents and the court should
138 consider an upward deviation for parent-time with all the children so that parent-time is
139 uniform based on a schedule under this section.
140 (13) The following table is the holiday schedule for parent-time under this section.
-5-
 S.B. 51 Enrolled Copy Holiday Holiday Time Period Years Years Noncustodial Custodial
141 Parent is Parent is
Granted Granted Holiday Holiday Dr. Martin (1) Holiday begins Friday at: Odd years Even years Luther King Jr. (a) 9 a.m. if school is not in session Day and the parent can be with the child;
(b) the time that school is regularly
142 dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on [the day before school resumes.] Dr.
Martin Luther King Jr. Day.
President's Day (1) Holiday begins Friday at: Even years Odd years
(a) 9 a.m. if school is not in session and the parent can be with the child;
(b) the time that school is regularly
143
dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on the day before school resumes.
-6-
 Enrolled Copy S.B. 51
Spring Break (1) Holiday begins at 6 p.m. on the Odd years Even years day that school dismisses for spring
144 break.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Memorial Day (1) Holiday begins Friday at: Even years Odd years
(a) 9 a.m. if school is not in session and the parent can be with the child;
(b) the time that school is regularly
145 dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on [the day before school resumes.]
Memorial Day.
Mother's Day (1) Holiday begins on Mother's All years if All years if
Day at 9 a.m. noncustodial custodial parent
(2) Holiday ends on Mother's Day parent is the is the mother or
146 at 7 p.m. mother or other other parent parent granted granted the the holiday in holiday in the the order. order.
-7-
 S.B. 51 Enrolled Copy Father's Day (1) Holiday begins on Father's Day All years if All years if
at 9 a.m. noncustodial custodial parent
(2) Holiday ends on Father's Day at parent is the is the father or
147 7 p.m. father or other other parent parent granted granted the the holiday in holiday in the the order. order.
Juneteenth (1) Holiday begins at: Even years Odd years National (a) 6 p.m. on the day before Freedom Day Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or
148 (b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day.
(2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day.
Independence (1) Holiday begins on July 3rd at 6 Odd years Even years Day p.m.
149
(2) Holiday ends on July 5th at 6
p.m.
-8-
 Enrolled Copy S.B. 51
Pioneer Day (1) Holiday begins on July 23rd at Even years Odd years
6 p.m.
150
(2) Holiday ends on July 25th at 6
p.m.
Labor Day (1) Holiday begins on Friday at: Odd years Even years
(a) 9 a.m. if school is not in session and the parent can be with the child;
(b) the time that school is regularly
151 dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on [the day before school resumes.] Labor Day.
Columbus Day (1) Holiday begins at 6 p.m. on the Even years Odd years day before Columbus Day.
152
(2) Holiday ends at 7 p.m. on Columbus Day.
Fall Break (1) Holiday begins at 6 p.m. on the Odd years Even years day school is dismissed for fall
153 break.
(2) Holiday ends at 7 p.m. on the day before school resumes.
-9-
 S.B. 51 Enrolled Copy Halloween (1) Holiday begins on October 31st Even years Odd years or the day that Halloween is
traditionally celebrated in the local community:
154 (a) at the time that school is
dismissed; or
(b) at 4 p.m. if there is no school.
(2) Holiday ends at 9 p.m. on the same day the holiday begins.
Veterans Day (1) Holiday begins at 6 p.m. on the Odd years Even years day before Veterans Day.
155
(2) Holiday ends at 7 p.m. on Veterans Day.
Thanksgiving (1) Holiday begins on Wednesday Even years Odd years at:
(a) 6 p.m.; or
(b) the time school is regularly
156 dismissed for Thanksgiving at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on the [night] day before school resumes.
- 10 -
 Enrolled Copy S.B. 51
Winter Break (1) Holiday begins at: Odd years Even years
(First Half) (a) 6 p.m. on the day on that school dismisses for winter break; or
(b) the time school is regularly dismissed on the day that school
157
dismisses for winter break at the election of the parent granted the holiday.
(2) Holiday ends on December
27th at 7 p.m.
Winter Break (1) Holiday begins on December Even years Odd years
(Second Half) 27th at 7 p.m.
158
(2) Holiday ends at 7 p.m. on the [night] day before school resumes.
Day of Child's (1) Holiday begins at 3 p.m. Even years Odd years
159
Birthday (2) Holiday ends at 9 p.m.
Day Before or (1) Holiday begins at 3 p.m. Odd years Even years
160 After Child's (2) Holiday ends at 9 p.m.
Birthday
161 Section 2. Section 30-3-35.1 is amended to read:
162 30-3-35.1. Optional schedule for parent-time for a child five to 18 years old.
163 (1) As used in this section[, "weekends"]:
164 (a) "Juneteen