Utah Code 2018 :: Title 30 – Husband and Wife :: Chapter 3 – Divorce :: Section 35.1 – Optional Parental Leave Schedule for Children Ages 5-18. (2023)

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quote universal:UT Code § 30-3-35.1 (2018)

Valid from 01.07.2018
30-3-35.1.Optional parental schedule for children from 5 to 18 years old.

• (1) The optional parental leave program in this section applies to children between the ages of 5 and 18. This schedule includes 145 nights. Any child support implications must comply with subsection 78B-12-102(15).

• (2) The parents and the court may consider the following agreement to increase parental leave as a minimum if the parties agree or the noncustodial parent proves:
  • (a) the non-custodial parent was actively involved in the life of the child;
  • (b) the parties can communicate effectively regarding the child or the noncustodial parent has a plan for effective communication regarding the child;
  • (c) the non-custodial parent has the option to facilitate the increase in parental leave;
  • (d) the increase in parental leave would be in the best interests of the child; AND
  • (e) any other factors that the court considers relevant.

• (3) In determining whether a noncustodial parent was actively involved in the child's life, the court shall take into account:
  • (a) proven responsibility in the care of the child;
  • (b) participation in nurseries;
  • (c) attend or volunteer at the child's school and extracurricular activities;
  • (d) help with the child's homework;
  • (e) participate in meal preparation, bath time, and bedtime for the child;
  • (f) attachment to the child; AND
  • (g) any other factors that the court deems relevant.

• (4) In determining whether a noncustodial parent can make extended parental leave possible, the court shall take into account:
  • (a) the geographical distance between the parents' houses and the distance between the parents' houses and the child's school;
  • (b) the non-custodial parent's ability to assist with after-school care;
  • (c) the health of the child and the non-custodial parent in accordance with subsection 30-3-10(4);
  • (d) flexibility of parent's employment or other schedule;
  • (e) ability to provide the child with adequate play time;
  • (f) the parent's history and ability to implement a flexible schedule for the child;
  • (g) physical premises of the noncustodial parent's residence; AND
  • (h) any other factors that the court deems relevant.

• (5) The choice of paternity leave to be made by a father under this section is part of the decision and the paternity leave rules. An election can only be changed by mutual consent, by court order, or by the non-custodial parent in the event of a change in the child's schedule.

• (6) If the parties agree or the court makes an order for scheduling of optional parental leave pursuant to this section, a parenting plan pursuant to Sections 30-3-10.7 through 30-3-10.10 shall be filed at each order containing the following optional parental leave schedule:
  • (a) The non-custodial parent or the court may designate one day of the week as parental leave. If no day is specified, the parental leave working day is Wednesday from 5:30 p.m. to 5:30 p.m. by the next day if the child is taken to school or by 8 a.m. m. if there are no classes the next day. Once the day of the week has been selected, it can only be changed in accordance with section 5. Daily parental leave can start when the non-custodial parent is chosen:
    • (i) from the time the child regularly leaves school; either
    • (ii) if school is not in session and the parent is available to be with the child around 8 am to accommodate the custodial parent's work schedule.
  • (b) As of the first weekend after receipt of the order, the non-custodial parent is entitled to alternate weekends, beginning at 6:00 p.m. on the first weekend after receipt of the order . From Friday to Monday when the child is dropped off at school or until 8:00 a.m. when there is no school on Monday. Weekend parental leave can begin with the choice of the non-custodial parent:
    • (i) from the time the child's school normally ends on Friday; either
    • (ii) when the school is off campus and the parent is available to be with the child around 8:00 a.m. m. on Friday to accommodate the custodial parent's work schedule.
  • (c) Subsections 30-3-35(2)(f) through (p) are incorporated into this section and constitute the schedule of the parents, except in any case in which the noncustodial parent must return the child in a date after 6:00 p.m. m. changed so that the non-custodial parent must return the child to school the next morning or 8 am. m. if there are no classes

• (7) A stepparent, grandparent, or other responsible adult designated by the noncustodial parent may pick up the child if the identity of the person is known to the custodial parent and if the noncustodial parent is with the child at 7:00 a.m. p.m.

• (8) Weekends include "snow" days, teacher training days, or other non-school days adjacent to the weekend.

• (9) Holidays include any "snow" days, teacher training days after the child's school year has begun, or other non-school days that border on the vacation period and take precedence over weekend parental leave. of week. No changes can be made to the regular rotation of the alternate weekend parent schedule.
  • (a) If a holiday falls on a school day, the non-custodial parent is responsible for the child's school attendance on that school day.
  • (b) If a holiday falls on a weekend, Friday or Monday and the total vacation period extends beyond this period such that the child is not in school and the parent is not working, the parent without Custody is entitled to an extension of the vacation period.
  • (c) If the non-custodial parent is chosen, parental leave may begin on a scheduled holiday weekend from the time the child's school begins at the beginning of the holiday weekend or, if school is not available and the noncustodial parent is fired. available to be with the child, parental leave can start around 8:00 a.m. m. on a holiday weekend scheduled to accommodate the custodial parent's work schedule, unless the court orders subsection (6)(a) below.

• (10) Birthdays have priority over holidays and parental leave extension, except for Mother's Day and Father's Day. Birthdays do not take precedence over uninterrupted parental leave if the parent exercising the uninterrupted period traveled away during the extended uninterrupted parental leave. Additional siblings may be brought for birthdays at the discretion of the non-custodial parent.

• (11) Notwithstanding subsection (9)(b), the Halloween Holiday may not extend beyond the hours set forth in subsection 30-3-35(2)(g)(vi).

• (12) In the case of children between the ages of 5 and 18 and children under the age of five who are the biological or adopted children of the parties, the parents and the court must consider extended parental leave with all minor children. leave is consistent on a schedule basis in accordance with this Section.

Modified by Chapter 96, General Assembly 2018