First, I am the non custodial parent for our 10 month old child, and per the divorce decree, we are supposed to be abiding by 30-3-35.5 which says that at a minimum, I get two visitations per week, and omits anything about either parent being granted extended visitation or uninterrupted vacation weeks. Its a great combination of relaxation and recreation as you float, swim and jet ski. If she is right I would loose 11 days which seems to defeat the intent of 35.1. Utah code states that its NCP holiday this year. I would not let him have the 15 month old, because the statute 30-3-35.5 says for 15 month old, holiday time is 8 hours. The reference to 30-3-32(3)(b) is a part of the code that says that Christmas Break starts the evening of the day when the kids get out of school and ceases the evening before they go back to school. C. On the 4th week, he will have the kids from Friday 6:00 PM to to Saturday noon for three weeks I know it says at the election of the non-custodial parent, but the other party is saying I do not get them until 5:30 on Wednesdays and 6:00 on Fridays, but I am home when he gets out of school and want to be able to pick him up from school especially Wednesdays since that is such a little amount of time and most of it is used commuting. Does that mean I I dont get them when school is out, I need to wait until 6? Senior in grade 12 are allowed early dismissal for up to 10 instructional days. Family courts are bullshit. Nearly half of the annual precipitation in Zion Canyon falls between the months of December and March. Hi J, thanks for the question! 1. Sec. I am not a professional but i have been divorced for 13 years. (i) from the time the childs school is regularly dismissed on Friday; or My question is this: Does the fact that extended parent-time can be exercised the election of the noncustodial parent mean that extended parent-time is optional? Professional Day is not a holiday listed under 30-3-35 so it would likely be treated under the other language you reference in that the child is free from school and the parent is free from work. However, if the parent is not free from work, it seems that under either the holiday language or the child/parent availability language the time would not be given to the non-custodial parent. Future Calendars | Schedule | Utah Valley University Is there any law requiring him to do this or am I just at the mercy of his pick and choose time to be a parent? Spouse has full physical custody and we have joint legal custody. Do a separate exchange so that Parent A has the kids for Christmas Eve and Christmas Day- either one overnight or two overnights however the parties agree to do it. SFSP sponsors handle administrative and financial oversight of the program. Are they required to meet me halfway so it is feasable for me to see child on weekends? Although both prices and crowds for snow sports are at their highest in winter, theyre also undeniably worth it. Get more stories delivered right to your email. If there are an even number of days in the holiday then the parent does not pick up the child until 7pm on the dividing day. In the United States, school typically have winter breaks for the Christmas holidays and New Years Day and a week-long spring break taken in March or April. (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. The courts suggest that NEITHER parent should be texting their children during school hours unless its a singular text about pick-up from school or some similar vital information. The last thing to notice about the code is that two of those weeks are uninterrupted which means most non-custodial parents take two full weeks back to back. I have a question, so what do the days look like? Learn to ski the entire resort. I get my child every Wednesday after school for over night then drop off at school Thursday morning. Hi, my ex and I have standard minimum visitation in our divorce. By continuing to use this site you accept our, Juneteenth National Freedom Day - no class. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule. (1) The parent-time schedule in this section applies to children 5 to 18 years of age. If not, who gets the time if both parents want the same uninterrupted time that Summer? This theory is incorrect, Lieszkovskzy said. The 10,000 square-foot concrete skate park is Utahs only indoor skatepark, and is available for riders and skaters alike. (n) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days before the end of the childs school year 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. Remember last fall when you realized that you missed out on a bunch of fun things you meant to do while the weather was warm? She has interpreted the 5 to 18 to mean until she turns 18. You have a problem in that holidays trump regular rotation, but the code does not get into which holidays trump each other such as birthdays over holidays or Spring Break. Every state has a set number of days and hours required for each school year. 4. It is very standard and just goes off the Utah code with no specifics. (a) If a holiday falls on a school day, the noncustodial parent shall be responsible for the childs attendance at school for that school day. So according to this subsection, Mothers Day and Fathers Day Fall within this statute and so the holiday time extends from Friday until Sunday evening. ORS no doubt has some internal policy and/or math that it always uses. If the non-custodial parent usually has Tuesday and Sunday overnight, those now belong to the custodial parent for these two weeks. She just wouldnt let that be reflected in the decree. I have the 1st half of the break. But again, the courts focus will be to get the non-custodial parent back to that minimum parent-time schedule. Does it mean the party who does not have the child can not contact the other party? Is Easter not considered a holiday for parent time schedules? It may be that you need to go into court, with or without counsel, and get some clarity on the what the court will do regarding your concerns. __________ If the non custodial parent has the Memorial Day holiday this year, they are required to have the child back by 7pm on Monday. Or search for your Utah school district by name or zip: I would advise anyone who has been to a hearing to get a copy of the audio. The code does provide for parent-time for children under five who do not have siblings. Any impact on child support shall be consistent with Subsection 78B-12-102(15). Be prepared to share the park with around a half million other people each month. July 25-Aug. 1 (Week 3): second of two consecutive weeks of uninterrupted parent-time.*. Sincerely, Rebecca, So if my holiday is on a school day I get them from when they get out of school to what time that night do I need to have them back. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule. Does the state publish a copy of the parent-time calander for each specific year? Utah State University Academic Calendar I should mention also, that we go by 30-3-35 from December 2014. (m) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation. For classes that meet for a full semester, a five-day period designated as "no-test" days precedes final examinations. And that any returns after 6pm would change to an overnight? (4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi). Districts have a 185-day calendar that includes 170 instructional days and 4 days for professional development. The receiver has a right to child support and both parties have a right to parent-time. Your question is about the second time its used. UEA weekend. If so, show your Decree to the school. This year he will have the kids for the weekend right before the Monday actual birthday. Am I understanding this correctly? Spring Break : Monday - Friday Mar 07 - 11 No-Test Week No-Test Days Policy: Wednesday - Tuesday Apr 20 - 26 Last Day of Classes : . We are going by the 30-3-35.1 and we have always done the 3pm-9pm when its your year for their birthday. As a bonus, hotel rates are up to 40% off peak season prices, youll see some beautiful fall foliage in the higher elevations as trees start to hunker down for winter, and youll likely be hiking in pants and short-sleeves during the middle of the (although youll need a jacket at night). One of the benefits to year-round school is less burnout on students. Ultimately, because conditions are more variable in spring, the best bet for chasing quality skiing this time of year is to check the snow report. For example, if non-custodial parent had the child overnight on Dec. 16th, then the custodial parent would take his or her 8 overnights, with the child returned back to the non-custodial parent on Christmas Day at 7:00 p.m.. Another thing the court could do would be to completely flip-flop the statute for that year, giving the first half to the non-custodial parent and second half to the custodial parent. Its an old but active thread so come back anytime! Just ask the Utah was practically made for stargazing. I get the second portion of Christmas break I just need help figuring it out. This is the time to buy the best peaches in the nation at any of the roadside fruit stands. Is that fair to do or allowed? Traditional school systems and year-round schools both have students attend about 180 days of classes, the days are just split up differently. School Calendars - Canyons School District Also, he has not ever given any indication of doing so. I have a question about spring break. Are the parents birthdays considered holidays or anything special beyond normal parent time? Regarding the 2 weeks of interrupted parent time allowed for the non-custodial parent. Does it have a provision for parent-time when you live in two separate states? Non custodial parent has scheduled their 2 week uninterrupted parent time when it will partially overlap my scheduled holiday time in July. There is no school on Friday and it is contiguous to the holiday (and NCP weekend). (j) Fathers Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday. I recently hired an unbundled Fam Attorney for help but dont seem to be getting the help I need yet. Utahs Brian Head Resort is smokin. We are uncertain how the courts will read subsection 2(k). All Summer Food Service Program (SFSP) sponsors are required to complete State Agency training as part of the initial application and annual renewal process. Take those two years of calendars and average the overnights you come up with for each year- this is going to be proof that you could show a court as the actual overnights to use on a child support court order. We are currently in the process of redesigning and creating new website content to be compliant with the W3C Level Two guidelines. Sec. I traveled on the 14th and came back on the 24th. (c) Subsections 30-3-35(2)(f) through (p) are incorporated into this section and constitute the parent-time schedule with the exception that all instances that require the noncustodial parent to return the child at any time after 6 p.m. be changed so that the noncustodial parent is required to return the child to school the next morning or at 8 a.m., if there is no school. 1 child is out of school Thus & Fri. The divorce decree is being blatantly ignored and Im just trying to get a concrete view of my rights. I noticed that a few replies up, regarding summer extended parent time, you stated: Since both parties are entitled to the four weeks (two interrupted and two noninterrupted). Hi Rebecca, But if you lived in the same state at the time, you may need to go back to court to revisit this issue. Last year she said she would allow, on conditions.. 1. During the mid week visit can you tell me how the traveling works. I was told by the custodial parent if I do they will call the police. School year breaks have many effects on a county, such as increasing the price of travel and accommodations and a shift in crime rates. 84767. The Utah Code does provide for a Fall Break or UEA break and it DOESNT provide for an Easter Break, which some schools have in addition to Spring Break. However, if you have the right of first refusal in your document, that can also come into play. (b) involvement in child care; (A) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the childs school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or In my general understanding, while the Code moves parents to the Joint Custody worksheet at 111 overnights, the big changes in child support do not seem to happen until we are around 130 or more. She has told our daughter that she can choose to go wherever whenever on her 18th bday. (i) Fathers Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday. Minimum schedule for parent-time for children 5 to 18 years of age. If the NCP has Memorial Day this year and the last day of school is on Thursday, May 26, and Thursday is NCP weekday visit from time school lets out til 8:30pm, can NCP start holiday on Thursday night and keep them overnight? Unbundled services are often provided when people cannot afford the traditional litigation route which usually requires a sizable retainer and then staying on top of monthly litigation expenses and attorneys fees when the retainer is expended. It also includes much of the surrounding terrain, landscapes that range from desert to the high-altitude forests sprawling across the plateaus above the canyon. In my experience, a commissioner or judge always starts with the plain reading of your Decree. The middle day is Christmas Eve Day, so this clearly is going to cause problems with how to fit in with the statute. It specifically states until 1pm HALFWAY THROUGH THE HOLIDAY, if there are an odd number of days for the holiday period. My ex-husband and I interpret this phrase differently. (a) The noncustodial parent or the court may specify one weekday for parent-time. April is the wettest period in Utah, when grasses and flowers are at their peak. Thanks for stopping by our site! (e) any other factor the court considers relevant. Our specific order doesnt address this. Good luck! I am concern is that the non-custodial parent has a history of not returning phone calls or text messages. But that is not what our custody is our custody is he has them 145 overnights a year. Thanks for your question! Next Group. I did also give a little under 30 days notice again only because I was waiting to hear what was going to happen with schools and they released the plans so i fixed my dates, it does not go over any of his holidays of any sort as well. Most parties are taking things into their own hands and simply agreeing to follow the old rules or agreeing to adapt the new rules. Hopefully your situation is one in which you can have that kind of conversation. I know its the noncustodial parents holiday. (ii) 800 West University Parkway, Orem, UT 84058 (801) 863-8888 Except for ongoing construction projects and unforeseen emergencies, the park should be fully open and accessible. So can he take those additional two weeks? I have temporary orders that follow 30-3-35.1. Hello Ashley, Always start by looking at your court order (or Decree). Can one parent schedule their 2 weeks of uninterrupted summer time, over the other parents holiday (July 24th)? Under 30-3-35, do noncustodial parents get weekday visits every week, including the weeks where the child stays the weekend? I was told that all I needed to do was provide him where we will be and emergency contact information while we are away. HALLOWEEN- Utah Code Annotated 30-3-35(4) very specifically says that Halloween cannot be extended even if it falls on a Monday or Friday. After we married, he wanted to change the visitation to accommodate the integration of our families and wanted to follow the statute. May includes up to 5 days for professional development with approval from the superintendent of public instruction. 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. Then, jump on your mountain bike and cruise back down the mountain. Hi! Texting between children and parents is becoming a big issue. Historically that has NOT included the mid-week visit, for which the non-custodial parent provided transportation both directions because the limited hours often meant that the parent and child did not go to a home but went out and did something. I cant tell you anything about the laws of other states and you should ask your local attorneys. https://drive.google.com/file/d/1OzyC4JK2vV5gGMempsn-hdZ_8sQWVz33/view. The Judges and Commissioners attending the legal forum seemed to be in agreement that, for any order that is final, the parties are to follow Utah Code AS IT READ AT THE TIME OF THE FINAL DECREE (ORDER). Does this include extended parent-time in the summer? It reads to me that she is responsible for having the children ready AT THE CUSTODIAL HOME. I have a question regarding Spring Break For Alpine School District, there is one week where the kids dont have school The days that they have off are April 6th- April 10th (the last day of school is April 3rd). However, I suspect that with many states declaring an emergency, all bets are off as for predicting how this additional time off school because of Covid-19 will be treated. Elliott Davis Jr. May 2, 2023 The 10 Best . My fiances ex is supposed to get all holidays in even years, but my sons birthday falls on the Sunday before Labor Day. (d) the name and telephone number of an available third person who would be knowledgeable of the childs location. Hopefully that clarifies some things for you. In may refer only to holidays and not summer time, it may be the opposite. If noncustodial parent does not take med week but is allowed a fat Friday which is Thursday and Friday overnight. It starts with: (1) The optional parent-time schedule in this section applies to a child 5 to 18 years of age.. 30-3-35 (2)(k)) apply regardless of whether the childs school is traditional or year-round. Let me know if you have any other questions. The rest of the summer the kids stay on their regular rotation of parent-time whatever that is. 30-3-35(2)(c) and 30-3-35(2)(e)(i) seem to me to say the same thing as above except for holiday time instead of weekend time. However, youd have to look at your Decree for information about who is supposed to arrange the travel as Utah Code doesnt specify that. Im from Utah, he have every other week but he is not following the hours some time he doesnt answer my message to were to pick up my child went is time to pick her up in Sundays some times he take 4 hrs to answer my message she is 4 year old and the Holiday he tried to confused now I dont know what is my holiday in Christmas because is the only holiday he is wants. She was scared and crying. (iii) any other factors the court considers material. Previous Group And Sanford Okura is my father-in-law! NCP is insisting we (the out-of-state CPs) must arrange for summer visitation travel. So the question is whether or not school is in session on the following morning. I dont think it is unreasonable to know that my five year old child has been picked up from school. Modification of the Decree must be based on a substantial change in material circumstance and requires a Petition so you may need counsel if this issue is very important to you. Also if they were not extendable by the NCP wouldnt that be called out in section 4 like Halloween? Do you have input? PDF 30-3-35.1 Optional schedule for parent-time for a - Utah Legislature So 14 individual days throughout the summer instead of any consecutive days. What if the noncustodial parent simply refuses? So I get one weekend all summer. If your Decree is following 30-3-35, then we need to look there. We go by Utah code 30-3-35 and 30-3-35.1. Thoughtful planning can keep summer break exciting for parents and children. If it doesnt say anything about out-of-state travel then we turn to the code Utah Code Annotated 30-3-36(2) which states: The statute makes a completely muddy allotment of extended parent-time. Utah School Calendar 2023 and 2024 Please choose your school district in Utah from the list below to view a calendar of your 2023-2024 school holidays. The law in regards to parent time is much different than custody. the parent with less time) gets two additional weeks of time where all of the weekend time goes to the non-custodial parent and the weekdays go to the custodial parent, with holiday time division under the code trumping any other parent-time. Or would they automatically give him the old statute that he had before we moved? Lisa M-C. Furthermore you state that 30-3-35 equates to approximately 89 overnights. However actual overnight called out in this code (no weekday overnights, alternating weekends from Friday Sunday) calculate to only 48 overnights. Therefore, if this is your Order and your child is 5 through 18, it applies to your child, period. I have provided the relevant case law for your review. Is this true do I need to abide by that? Further, section (6)(c) states: Subsections 30-3-35(2)(f) through (p) are incorporated into this section and constitute the parent-time schedule with the exception that all instances that require the noncustodial parent to return the child at any time after 6 p.m. be changed so that the noncustodial parent is required to return the child to school the next morning or at 8 a.m., if there is no school.. During that time, Utah changed to the modified minimum schedule of 145 overnights, which more accurately mirrored the level of involvement we were having with the kids in our home. Access to Kolob Canyons regularly closes in inclement weather. So if Spring Break is my exs this year, but Easter is mine (plus its my weekend in the rotation), who gets the kids? However, many divorce decrees are loose in how the code 30-3-35 is tied in. Or does it mean the holiday begins Friday, Nov 10th at 6 pm and returned at 7 pm on Saturday, Nov 11th? She trying to move out of state with his children and we got granted a restraining order against her saying she cannot leave state with the children. With five national parks, more than two dozen national landmarks, and award-winning skiing, Utah is one of the most beloved adventure states in America. There is no such presumption anymore. Again, if youd like to email a request, I can send you the 2017 guidelines and you can have a look. I try not to say this often in our blog because I think of this blog as a public service, not as as a mechanism telling people to come talk to us- that ends up looking like a sales pitch. She has been allowing me to take my son over weekends that are hers while she works for the last couple of weekends. But as I say in my blog post about the Coronavirus and co-parenting, it is vital that parents work to get a special Coronavirus plan in place and written down. It just means that someone else, other than the noncustodial parent, can pickup the children for parent-time as long as the noncustodial parent will be with the children by 7 p.m. and the noncustodial parent knows who the person will be. Im not actually replying to your question, but I am inquiring the same thing. The other two weeks are interrupted for parent-time with the other party consistent with the provisions of the code. The travel must be done within the confines of the parent-time of the code or the decree, unless the parties otherwise agree. Plus 5 days for in-service and 1 day for parent-teacher conferences. Is the custodial parent allowed to yank the cord out after only an hour? If the parties do not agree, the following schedule shall be considered the minimum parent-time to which the non custodial parent and the minor children shall be entitled: every other weekend, ???? They return on Monday 1/4. Therefore, parents repealed summer classes in order to have longer summers away from the heat of the city. Either choice is good, or even better, try out both. Stop by your local farmers market to buy the freshest fixings for a delicious summer dinner. (ii) each parents ability to handle any additional expenses for virtual parent-time; and this would essentially leave me with nothing to live off of. Once the election of the weekday is made, it may only be changed in accordance with Subsection (5). Good luck! Listen to recorded information by calling anytime 24 hours a day. Let us know if we can help you with that. Theyve changed pretty significantly over the years. However, using this worksheets, I was once at mediation with a client and realized that even that short-hand was not adequate. Second question, are you related to Sanford Okura? Thank you for reading the blog and for taking the time to share your thoughts and concerns. Can you define the court term of non interrupted time. I can hear a commissioner saying loudly WORK IT OUT! All of this assumes that we are just left with the statute and I have no idea what other provisions are in your orders that may affect outcome so please remember this is not legal advice (i.e. As the park pages above illustrate, each of these national parks anchors a unique regional experience with an array of outdoor experiences and gateway communities that can easily occupy days of thoughtful exploration. Of course, Temporary Orders could be changed at the time of the final order if the statute changes during the process of the divorce or custody dispute. My ex husband is the NCP. He works during the summer this same schedule, and I am concerned how I should handle the summer visit with the current situation. OR the courts could interpret that the time can be taken in two separate blocks of time, each one being two consecutive weeks. The first step is to look at any court order you have and see what it says in terms of parent-time. With four distinct seasons, however, your mileage will vary depending on the timing of your visit. (C) at the election of the noncustodial parent, if school is not in session, on Friday from approximately 9 a.m., accommodating the custodial parents 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)..
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