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H.B. 242
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CHILD VISITATION GUIDELINES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Martin R. Stephens
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AN ACT RELATING TO HUSBAND AND WIFE; CHANGING VISITATION GUIDELINES
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FOR WEEKENDS SO THAT THEY MAY BEGIN AFTER A CHILD'S SCHOOL IS
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DISMISSED ON FRIDAY; MAKING THE GUIDELINES FOR HUMAN RIGHTS DAY AND
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PRESIDENT'S DAY THE SAME AS FOR OTHER THREE-DAY WEEKENDS; AND
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PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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30-3-35, as last amended by Chapter 80, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
30-3-35
is amended to read:
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30-3-35. Minimum schedule for visitation for children 5 to 18 years of age.
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(1) The visitation schedule in this section applies to children 5 to 18 years of age.
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(2) If the parties do not agree to a visitation schedule, the following schedule shall be
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considered the minimum visitation to which the noncustodial parent and the child shall be entitled:
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(a) (i) one weekday evening to be specified by the noncustodial parent or the court from
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5:30 p.m. until 8:30 p.m; or
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(ii) at the election of the noncustodial parent, one weekday from the time the child's school
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is regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection
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(2)(a)(i);
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(b) (i) alternating weekends beginning on the first weekend after the entry of the decree
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from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; or
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(ii) at the election of the noncustodial parent, from the time the child's school is regularly
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dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of Subsection
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(2)(b)(i);
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(c) holidays take precedence over the weekend visitation, and changes shall not be made
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to the regular rotation of the alternating weekend visitation schedule;
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(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be
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responsible for the child's attendance at school for that school day;
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(e) (i) if a holiday falls on a weekend or on a Friday or Monday and the total holiday period
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extends beyond that time so that the child is free from school and the parent is free from work, the
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noncustodial parent shall be entitled to this lengthier holiday period; or
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(ii) at the election of the noncustodial parent, visitation over a scheduled holiday weekend
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may begin from the time the child's school is regularly dismissed at the beginning of the holiday
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weekend until 7 p.m. on the last day of the holiday weekend;
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(f) in years ending in an odd number, the noncustodial parent is entitled to the following
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holidays:
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(i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until
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9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the
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birthday;
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(ii) Human Rights Day beginning 6 p.m. [the day before the holiday] on Friday until
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Monday at 7 p.m. [on] unless the holiday extends for a lengthier period of time to which the
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noncustodial parent is completely entitled;
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(iii) Easter holiday beginning at 6 p.m. on Friday until Sunday at 7 p.m., unless the holiday
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extends for a lengthier period of time to which the noncustodial parent is completely entitled;
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(iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
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extends for a lengthier period of time to which the noncustodial parent is completely entitled;
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(v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
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(vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
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holiday; and
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(vii) the first portion of the Christmas school vacation as defined in Subsection
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30-3-32
(3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is
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equally divided;
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(g) in years ending in an even number, the noncustodial parent is entitled to the following
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holidays:
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(i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion
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of the noncustodial parent, he may take other siblings along for the birthday;
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(ii) President's Day beginning at 6 p.m. [the day before the holiday] on Friday until 7 p.m.
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on Monday unless the holiday extends for a lengthier period of time to which the noncustodial
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parent is completely entitled;
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(iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the holiday;
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(iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
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extends for a lengthier period of time to which the noncustodial parent is completely entitled;
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(v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning
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at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period
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of time to which the noncustodial parent is completely entitled;
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(vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the
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holiday;
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(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and
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(viii) the second portion of the Christmas school vacation as defined in Subsection
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30-3-32
(3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long as the entire Christmas
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holiday is equally divided;
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(h) Father's Day shall be spent with the natural or adoptive father every year beginning at
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9 a.m. until 7 p.m. on the holiday;
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(i) Mother's Day shall be spent with the natural or adoptive mother every year beginning
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at 9 a.m. until 7 p.m. on the holiday;
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(j) extended visitation with the noncustodial parent may be:
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(i) up to four weeks consecutive at the option of the noncustodial parent;
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(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
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(iii) the remaining two weeks shall be subject to visitation for the custodial parent
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consistent with these guidelines;
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(k) the custodial parent shall have an identical two-week period of uninterrupted time
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during the children's summer vacation from school for purposes of vacation;
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(l) if the child is enrolled in year-round school, the noncustodial parent's extended
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visitation shall be 1/2 of the vacation time for year-round school breaks, provided the custodial
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parent has holiday and phone visits;
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(m) notification of extended visitation or vacation weeks with the child shall be provided
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at least 30 days in advance to the other parent; and
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(n) telephone contact shall be at reasonable hours and for reasonable duration.
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Section 2. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
Legislative Review Note
as of 1-10-00 12:27 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.