Utah Code 30-3-35 Parent-Time for Children 5 to 18: Holidays and Summer

Utah’s default parent-time schedule for children ages 5 through 18 gives the noncustodial parent alternating weekends from Friday evening to Sunday evening, one weekday evening, a rotating list of holidays, and up to four weeks during the summer. This is the minimum a court will award when parents cannot agree on their own arrangement. The rules used to sit at Utah Code 30-3-35, but as of September 1, 2024, the legislature renumbered the statute to Utah Code 81-9-302 as part of a broader recodification of family law. The substance did not change.¹

Weekends and the Weekday Evening

Alternating weekends start with the first weekend after the decree is entered. The default window runs Friday at 6:00 p.m. to Sunday at 7:00 p.m. The noncustodial parent can elect an earlier Friday start at school dismissal, or at 9:00 a.m. on Fridays when school is not in session, so long as that parent is available and the custodial parent’s work schedule is accommodated. Whichever Friday start is used, the weekend always ends Sunday at 7:00 p.m.¹

One common point of confusion is worth clearing up. The Monday-morning drop-off that many parents have heard about is part of the optional expanded schedule under a separate statute (formerly 30-3-35.1, now 81-9-303), not the minimum schedule. If your decree references only the minimum, your weekend ends Sunday evening.

The noncustodial parent also gets one weekday evening each week. The parents or the court pick the day; if nobody specifies, it defaults to Wednesday. The standard window is 5:30 p.m. to 8:30 p.m. The noncustodial parent can instead pick the child up at school dismissal and return the child by 8:30 p.m., or start at 9:00 a.m. on non-school days under the same availability and scheduling conditions as the weekend option.¹

Holiday Rotation

Holidays rotate on an odd-year/even-year basis so each parent gets roughly equal access to major occasions over time. When a holiday falls during the other parent’s regular weekend, the holiday schedule takes priority, and the regular weekend rotation picks back up afterward as if the interruption never happened.¹

The main holidays break down as follows:

Martin Luther King Jr. Day: noncustodial parent in odd years, custodial parent in even years. Runs from Friday (at school dismissal, 9:00 a.m., or 6:00 p.m.) through 7:00 p.m. on the holiday.
Presidents’ Day: noncustodial parent in even years. Same Friday start options, ending at 7:00 p.m. the day before school resumes.
Spring break: noncustodial parent in odd years. Starts at 6:00 p.m. on the last day of school before the break and ends at 7:00 p.m. the evening before school resumes.
Memorial Day: noncustodial parent in even years. Friday start options through 7:00 p.m. on Memorial Day.
Mother’s Day and Father’s Day: every year, the mother (or parent designated in the order) gets Mother’s Day from 9:00 a.m. to 7:00 p.m., and the father gets Father’s Day on the same terms.
Juneteenth: noncustodial parent in even years. Begins at 6:00 p.m. the day before Juneteenth (or 9:00 a.m. on Juneteenth if the day before is Father’s Day) and ends at 6:00 p.m. the day after.
Independence Day: noncustodial parent in odd years. July 3 at 6:00 p.m. through July 5 at 6:00 p.m.
Pioneer Day: noncustodial parent in even years. July 23 at 6:00 p.m. through July 25 at 6:00 p.m.
Labor Day: noncustodial parent in odd years. Friday start options through 7:00 p.m. on Labor Day.

The statute covers Thanksgiving, fall break, Halloween, and the winter school break on the same rotation. Each holiday window overrides the regular alternating-weekend cycle for its duration, and the normal schedule resumes as soon as the holiday ends.

Summer Parent-Time

During summer break, the noncustodial parent is entitled to up to four weeks with the child, which can run consecutively. Two of those weeks must be uninterrupted, meaning the custodial parent cannot exercise any midweek visit during that stretch. The other two weeks may be interrupted by the custodial parent for a weekday visit on the same day the noncustodial parent normally has the midweek evening. The custodial parent also gets two uninterrupted weeks of their own during the summer.¹

Notification deadlines alternate by year, and missing them costs you the choice. In odd-numbered years, the noncustodial parent notifies the custodial parent of summer plans by May 1, and the custodial parent responds by May 15. In even-numbered years, the custodial parent goes first by May 1, and the noncustodial parent follows by May 15. The parent who files on time gets to set the summer schedule for the parent who doesn’t.¹

Phone Calls and Video Contact

The statute guarantees telephone contact at reasonable hours and for a reasonable duration. It does not specify a minimum number of calls per week or a time limit per call.¹ Courts interpret “reasonable” case by case, but short nightly calls are common practice.

Virtual parent-time by video is treated differently. The statute only requires it when the equipment is reasonably available and the parents live at least 100 miles apart. If the parents disagree about equipment availability, the court decides by weighing the child’s best interests and each parent’s ability to cover additional costs. Virtual contact supplements in-person parent-time; it never replaces it.¹ Separately, the advisory guidelines in Utah Code 81-9-202 require each parent to permit and encourage reasonable, uncensored communication with the child, including mail and virtual contact.² Blocking calls or video chats can expose a parent to an enforcement action.

Exchanges and Travel Notice

The court assigns responsibility for pickup, delivery, and return when the parent-time order is entered, and it can reassign that duty in a later modification.² If the noncustodial parent provides transportation, the custodial parent must have the child ready on time and be present (or make alternate arrangements) when the child comes home. The same obligation runs the other direction when the custodial parent drives.

Any time the child travels with either parent, that parent must give the other an itinerary with travel dates, destinations, a way to reach the traveling parent and child, and the name and phone number of a third person who would know the child’s location. The requirement is for emergency purposes and applies to any trip, not just overnight stays. Each parent must also update the other with a current address, phone number, email, and virtual contact information within 24 hours of any change.²

If One Parent Moves 150 Miles or More

The minimum schedule assumes parents live reasonably close. Once one parent relocates 150 miles or more from the other, a separate statute, Utah Code 81-9-209 (formerly 30-3-37), takes over. The relocating parent must give written notice at least 60 days before the move, and failure to do so is contempt of court.³ After relocation, the noncustodial parent typically receives one weekend per month at that parent’s expense, half of the summer or off-track time in consecutive weeks, and holidays on the same odd/even rotation but in longer blocks. Children must be returned to the custodial home no later than seven days before school begins, and courts can award additional summer time to offset the reduced school-year contact.

Changing the Schedule

The minimum schedule is a starting point. Either parent can ask the court to modify parent-time when there has been a material change in circumstances since the last order, such as a new work schedule, a new school, a significant change in the child’s age or needs, or safety concerns. The petition is filed in the same court and under the same case number as the original decree. The other parent must be served within 120 days and then has 21 days to respond if served in Utah, or 30 days if served out of state. If no response comes, the filing parent can request a default judgment. Either parent may also seek temporary orders during the case if the child faces immediate and irreparable harm, or if the parents have already been operating under a different arrangement by agreement.⁴

Enforcing the Schedule

When the other parent ignores the schedule, the remedy is a Motion to Enforce Order filed with the court.⁵ The judge or commissioner decides whether the parent knew about the order, had the ability to follow it, and deliberately chose not to. If found in contempt, a parent faces a fine of up to $1,000, jail time of up to 30 days, or both.⁶ A parent who refuses to comply with minimum parent-time can also be ordered to perform at least 10 hours of compensatory service and to attend workshops or counseling on the importance of both parents’ involvement. The prevailing parent in an enforcement action may recover attorney fees, transportation costs, lost wages, and child care expenses tied to the violation.

1
Utah Legislature. Utah Code 81-9-302 – Minimum Schedule for Parent-Time for a Minor Child Five to 18 Years Old
2
Utah Legislature. Utah Code 81-9-202 – Advisory Guidelines for a Custody and Parent-Time Arrangement
3
Utah Legislature. Utah Code 81-9-209 – Relocation
4
Utah State Judiciary. Modifying Parent-Time
5
Utah State Judiciary. Motion to Enforce Order
6
Utah Legislature. Utah Code 78B-6-310 – Contempt Action by Court