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.
Self Representation
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.
Top Ten Mistakes People Make When Doing Their Own Divorce
Tuesday, June 28th, 2011
10. Not getting help when you need it. The divorce process can be tricky and it is easy to make a mistake. There are lots of resources and inexpensive options for getting help.
9. Not setting up a schedule for who will claim the children as exemptions for income tax purposes. Even those parents who do remember to designate one parent will claim the children in even years and one parent will claim the children in odd years, forget to plan what will happen as the children reach majority and can no longer be claimed as exemptions.
8. Not including a final decision maker in a parenting plan. This is a common complaint from family court Commissioners.
7. Not considering alimony. There is a rumor going around that no one is awarded alimony anymore. This is not true. Alimony should be considered as part of the divorce process.
6. Not being really clear about the date that property will be valued. For example, a lot of Divorce Decrees require the parties to share the equity in the house, but forget to say on what date the house will be valued.
5. Setting an unrealistic timeline for selling real estate. In the current market it can take a lot longer for real estate to sell than it used to.
4. Setting up parent time schedules that won’t work once the children start school. People often come with schedules that work fine before the children start school but these same schedules can become unmanageable once the children are old enough for school.
3. Forgetting to include retirement accounts as part of the divorce or forgetting to file the proper paperwork to split the account afterward. It can be very difficult to modify a Divorce Decree for property issues alone so it is important to take care of this in the original Divorce Decree.
2. Getting so frustrated with the divorce process that they will agree to anything just to finish up the divorce. We often hear from these people in a few months or a few years and they are not happy with their agreement.
1. Signing the final documents without reading them. We hear this all the time. People sign a document that does not say what they thought it said.
Unbundled Law
Saturday, March 12th, 2011
Here’s a link to a video of one of our attorneys, Carolyn Pence Smith, talking about unbundled law.
Take a look and see if unbundled law is right for your situation.
Orders to Show Cause
Tuesday, December 7th, 2010What do you do when your ex-spouse violates your divorce decree? If you want to have a judge enforce your divorce decree you can file an Order to Show Cause re Contempt. You will need to file an Order to Show Cause, A Motion for an Order to Show Cause and an Affidavit in Support of an Order to Show Cause. An Order to Show Cause requires personal service. This means that you have to have someone else serve the opposing party. Usually people use constables, law enforcement officers or a private service company.
In your Motion for an Order to Show Cause it is important to list all the ways that the other party has violated your divorce decree and what you want to happen. Usually, you ask the other party to stop doing what is wrong or start doing what they are supposed to. An Order to Show Cause requires a hearing. You will get the hearing date when you file your papers. Depending on how busy the courts are you might have to wait for a month or two before you can have the hearing.
How much does it cost to adopt a child?
Tuesday, July 27th, 2010
The filing fee you pay to the court to start an adoption are $360. You will also need to pay an $8 vital statistic fee for each child you are adopting to have the adoptions recorded and new birth certificates created.
If a step-parent is the adoptive parent, there are some background checks that will need to be completed. The cost for these is about $50. If someone other than a step-parent is adopting the children a home study will be required. Sometimes you will need two home studies (one before the child is placed in your home and a second home study after the child has been placed, but before the adoption is finalized). Each home study can cost $200 or more.
If you decide to hire an attorney, you will need to pay the above fees and the attorney’s hourly rate. At Preston, Pence & Lisonbee we charge a low hourly rate and we offer several different service delivery options to stretch your litigation budget.
Call us for a free consultation.
How much does it cost to get a divorce?
Tuesday, July 27th, 2010The filing fee you pay to the court to start a divorce are $318 (the filing fee is $310 and $8 is a vital statistic fee to record the divorce).
The person who starts the divorce (the petitioner) will also have to pay to have the other party (the respondent) personally served with the initial documents. A party cannot serve anther party. Most people hire a process service, sheriff or constable to serve the other party. This usually costs between $30 and $60.
If there are children, each party is required to attend the divorce education classes which costs $55 a person.
If the parties cannot agree on the terms of their divorce, they will be mandated to attend mediation. There are some low cost options for meditation, but typically mediation will cost between $100 and $250 an hour. The parties usually split this cost.
Thursday, July 15th, 2010
If you are a pet lover, this is an interesting article about how to properly leave property to a pet. http://www.estateplanninglawblawg.com/2008/03/planning-for-pets-now-you-can.html
Do-It-Yourself Divorce
Tuesday, June 15th, 2010
Some couples decide to do all the paperwork and necessary steps to complete the requirements for divorce on their own. There are advantages and disadvantages to this plan.
Some of the advantages may include:
* Savings from not paying an attorney;
* Feeling like you are in complete control of your case.
Some of the disadvantages of doing your divorce yourself may include:
* It may take longer;
* If you forget to address certain issues (like alimony, or property distribution) you may lose
the ability to address them later;
* If you forget to include other issues, or address them improperly, (like child support, or
retirement distribution) it may cost you significant time, stress and money to fix the problem later;
* If your spouse is represented, you may be at a disadvantage.
No one but you can decide if you should handle your divorce on your own. It is important to weigh the pros and cons of doing so and decide if this is an acceptable risk in your situation. We highly recommend that if you choose to represent yourself you at least hire an attorney to review your paperwork before you file.
