Are you struggling to figure out the parent time schedule according to Utah Code 30-3-35? If you can’t figure it out, don’t feel alone. Plenty of people struggle to make the statute fit the specific facts. Here is what the statute says about the Winter Holiday in odd years.
The noncustodial parent is entitled to the….the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.
That’s as clear as mud right? What you have to do first is count the number of days of the holiday vacation. Technically, Christmas vacation starts the evening school is out. So, if the child gets out of school on the 20th and goes back to school on January 2nd, you count the 20th, 21st, 22nd, 23rd, 24th, 25th, 26th, 27th, 28th, 29th, 30th and the 31st. The child goes back to the custodial parent on the evening of the 1st. That gives twelve days of vacation. Each parent is entitled to six days. This year, the noncustodial parent enjoys parent time from the 20th until 7 p.m. on the sixth day, December 25th.
If the vacation started on the 19th, there would have been thirteen days. Each parent would be entitled to six and a half days. However, the noncustodial parent is still entitled to Christmas Day. This would mean that the noncustodial parent would have the children until 7 pm on Christmas as well.
Hopefully, this makes the process a little clearer. Applying the law to specific fact is difficult. If you have specific questions, call our firm for legal assistance. As always, the statute is what you resort to if your Divorce Decree doesn’t say something different for holidays or if you and your co-parent can’t agree. If you can agree on a different plan that works better for your family, that’s wonderful.
It’s Christmas- What’s My Parent Time?
Wednesday, December 21st, 2011What is the Difference Between a Judge and a Commissioner in Utah?
Thursday, December 15th, 2011If you are going through a divorce or paternity action, you have probably been introduced to the commissioner in your case, if not the judge. It can be confusing to understand the differences between the two. The commissioner has the responsibility of hearing preliminary matters and getting the case prepared for trial before the judge. The commissioner hears most motions filed by the parties. There are certain issues that go before the judge such as pre-trial matters. All trials are before a judge. The differences between what commissioners and judges do may vary slightly from district to district.
What Is A Guardian Ad Litem?
Thursday, December 15th, 2011Has someone recommended that you get a Guardian Ad Litem in your case? Do you have no idea what this means? A guardian ad litem is an attorney who has the job of representing the best interests of the children.
In some cases, parents may request a guardian ad litem be appointed. In other cases, a commissioner or judge may order that a guardian ad litem be appointed. There are both public and private guardian ad litems. A public guardian ad litem can be appointed in custody cases where there are allegations of abuse or neglect or in protective order hearings. A public guardian ad litem also represents children in foster case. A private guardian ad litem can be appointed in any case where there are issues regarding parent time or custody, especially in high- conflict divorces.
The guardian ad litem has the responsibility to make recommendations as to what the judge should do in the children’s best interests. In order to make these recommendations, the guardian ad litem will conduct an independent investigation, including, but not limited to, interviewing the children, interviewing other witnesses, reviewing documents, visiting homes, and talking to other professionals. The guardian ad litem will consider what the children want, as long as it is in the child’s best interests. The courts weigh the recommendations of the guardian ad litem very heavily.
At the end of the case, the guardian ad litem will present the parties with a bill for the services provided. The judge may allocate the fees to be split equally or may make any division of the fees that the judge finds to be fair.
Co- Parenting? Better Learn to Let Go
Thursday, November 3rd, 2011Now that you are divorced- or separated-, the reality is that your child has two homes and two parents. You and your co-parent will likely parent your children differently. This is normal, acceptable and legal. It is important to remember that your co-parent loves your children as much as you do and wouldn’t do anything to hurt them. If you think of your children as an expensive car, you and your co-parent may each decide to use different car wax but that doesn’t mean the car will be harmed. Different parenting styles does not necessarily cause your children any harm or mean that either of you loves your children less. You are going to have to learn to trust each other and accept the choices that the other parent makes. Of course, if your co-parent does something dangerous or abusive, you should immediately notify the authorities.
I’m Divorced: What Else is New?….Your Kids Are Off-Limits
Thursday, November 3rd, 2011Now that you are divorced, you need to keep your kids out of all issues between you and your ex . While you were married you might have used your kids to help figure out who needed to be where, when, etc. Now that you are divorced, you no longer can call your son to ask him if Dad is picking him up from school or if you need to do so. You also can’t ask your daughter if she would rather go with you on the trip to see Grandma or stay with Dad. Instead, you must communicate with your co-parent to figure out who is doing what and when in regards to your children. Involving your kids in these decisions is inappropriate. Children should never feel that they have to choose between their parents in any way or that they need to “cover” for the other parent. Setting clear guidelines with your co-parent up front can help avoid these situations before they arise.
So You Are Divorced…Now What? No Matter How You Look At It, There is Less Money in Your Pocket
Tuesday, July 19th, 2011Getting divorced is painful in many ways. Financially, there is no way around the fact that after divorce almost everyone has to tighten the purse strings. When you divide a household into two, the paychecks cannot stretch as far as they did before. If one spouse did not work prior to divorce, that spouse is likely going to have to start working in order to make ends meet. Additionally, some of the luxuries enjoyed prior to divorce may have to be temporarily set aside. You may have to cancel expensive cable packages, vacations, and/or eating out for a while until your budget adjusts. Understanding this before the divorce is final can help you prepare for this transition – both for yourself as well as your children.
I’m Divorced with Children and Moving- Now What?
Wednesday, May 25th, 2011
When you are divorced, with kids, and decide to move more than 150 miles away, there are some things you need to consider and prepare for. First, as soon as you know you are moving, you need to give your co-parent notice that you are planning to move. This should be done in the form of a letter as soon as you know you are moving. If at all possible this notice should be at least 60 days before the move. In the notice letter you need to propose how this move will effect parent time and who will pay for the transportation for this parent time. If your co-parent agrees with the plan you are free to move.
If your co-parent objects to the proposal you have outlined in your notice letter, you can 1) go to mediation to try to reach an agreement or 2) go to court. However, if you go to court, you could be ordered to try mediation before the court will hear your case.
Once the court is involved the court will review the parent time schedule. The default position on parent time transportation costs is that the party who moves is responsible for most of the travel costs. However, at this hearing the court can make orders about the parent time schedule and the cost for parent- time transportation. When the court is figuring out the parent time schedule and transportation costs, the court will look at:
(a) the reason for the parent’s relocation;
(b) the additional costs or difficulty to both parents in exercising parent-time;
(c) the economic resources of both parents; and
(d) other factors the court considers necessary and relevant.
Before you move, you should discuss with your co-parent how to make the transition easy for everyone and how to maintain a strong connection between your co-parent and the children. Technology, such as email, video calling, and texting can help children and co-parents stay in touch despite a long-distance move.
If you or your co-parent are relocating, call us for a free consultation.
Date Night In with the Kids?
Saturday, January 8th, 2011
We hear over and over again how important it is to have a date night with our significant other. This article suggests that if you can’t get away from the kids for whatever reason (money is tight, you can’t find a babysitter, etc.) you should still go ahead and have a date night — with the kids. The article has some great ideas you can use as a family.
Legal and Physical Custody
Thursday, August 12th, 2010
There are two types of child custody — legal and physical. Legal custody is the right to make legal decisions about and on behalf of your children. For example, a parent with legal custody can decide where the children will go to school or which doctor they will see. Physical custody is the right to have your children live primarily with you.
Divorced parents can have sole or joint legal custody of their children. Sole legal custody means that one parent has all the rights to make decisions about and on behalf of the child. Joint legal custody means the parents must work together to make decisions about the child. If parents have joint legal custody they are required to have a parenting plan. A good parenting plan will explain the process parents should use to make decisions together.
Divorced parents can also have sole or joint physical custody of their children. In Utah, whether a physical custody arrangement is a sole or joint one is determined by how many overnights the child spends with each parent. When a child spends more than 110 nights with the noncustodial parent, the parents are considered to have joint physical custody.
Divorced parents must decide, or have the court decide, who will have both physical and legal custody of their children. Parents can choose to have joint or sole legal custody and joint or sole physical custody of their children. A common arrangement is for the parents to have joint legal but with one of the parents having sole physical custody.
If you have any questions about custody, call us for a free consultation.
Parent Coordinators
Tuesday, July 20th, 2010
Utah law allows a judge to appoint a parent coordinator to help parents work together at co-parenting their children. Parent coordinators make recommendations to the parents regarding a variety of common co-parenting issues such as communicating with each other, resolving conflicts, coordinating schedules, selecting schools and day care, and determining participation in sports and other activities. This is just a partial list. For a more comprehensive list of the issues parent coordinators can help with you can review the actual Rule at http://www.utcourts.gov/resources/rules/ucja/ch04/4-509.htm
Parents do have to pay for this service, but for parents who are spending a lot of time (and money) in court trying to resolve co-parenting issues a parent coordinator is a less expensive and more efficient alternative. Other states have been using parent coordinators for a while, but this is still a relatively new idea in Utah. If you are interested in more information about parent coordinators, here is a link to a parent coordinator website: http://familytherapy-mediation.com/parent-coordination?331a98d7b8aff5334264cbfe92765a85=hqvnustc
If you are considering a parent coordinator, call us for a free consultation.
