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30-3-35.5. Minimum calendar of parental leave for children under five years of age.
(1) The parental schedule in this section applies to children under five years of age.
(2) All holidays in this section refer to the same holidays mentioned in section30-3-35.
(3) If the parties do not agree to a parental leave schedule, the following parental leave schedule shall apply as the minimum parental leave to which the non-custodial parent and child are entitled.
(a) For children under five months:
(i) six hours of parental leave per week, to be determined by the court or the non-custodial parent, preferably:
(A) divided into three periods of parental leave; AND
(B) in a foster home, established child care center, or other setting with which the child is familiar; AND
(ii) two hours on holidays and in the years indicated in the subparagraphs30-3-35(2)(f) through (j) preferably in the child care home, established child care center, or other setting familiar to the child.
(b) For children five months or older but less than nine months:
(i) Nine hours of parental leave per week, as determined by the court or the non-custodial parent, preferably:
(A) divided into three periods of parental leave; AND
(B) in a foster home, established child care center, or other setting with which the child is familiar; AND
(ii) two hours on holidays and in the years referred to in the subparagraphs30-3-35(2)(f) to (j) preferably in the foster home, established child care center, or other setting familiar to the child.
(c) For children nine months or older but less than 12 months:
(i) one eight-hour visit per week, as determined by the noncustodial parent or the court;
(ii) one three-hour visit per week, as determined by the noncustodial parent or the court;
(iii) eight hours on holidays and in the years referred to in the subparagraphs30-3-35(2)(f) a (j); Y
(iv) Brief telephone contact and other virtual parental leave with the non-custodial parent at least twice a week when the equipment is reasonably available, provided that if the parties cannot agree on whether the equipment is reasonably available, the Court decides what equipment is reasonably available. available for virtual parental leave, taking into account:
(A) the best interests of the child;
(B) the ability of each parent to manage the additional expenses of virtual parental leave; AND
(C) any other factors that the court considers important.
(d) For children 12 months or older but less than 18 months:
(i) one eight-hour visit on each alternate weekend as determined by the court of the non-custodial parent;
(ii) on weekends opposite to subsection (3)(d)(i), from 6:00 p.m. m. to 6:00 p.m. m. from Friday to noon on Saturday;
(iii) one three-hour visit per week, as determined by the noncustodial parent or by the court;
(iv) eight hours on holidays and in the years referred to in the subparagraphs30-3-35(2)(f) a (j); Y
(v) Brief phone contact and other virtual parental leave, as long as the equipment is reasonable
available, with the non-custodial parent at least twice a week, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall determine whether the virtual parental leave equipment is reasonably available, taking into account:
(A) the best interests of the child;
(B) the ability of each parent to manage the additional expenses of virtual parental leave; AND
(C) any other factors that the court considers important.
(e) For children 18 months or older but under three years of age:
(i) To be specified by the noncustodial parent or the court between 5:30 p.m. m. and 6:30 p.m. m. and 8:30 p.m. m. on the night of a weekday; however, if the child is cared for outside their usual place of residence during the day, the non-custodial parent may, after prior notice to the custodial parent, pick up the child before the caregiver and return the child to the custodial parent by 08:30 A.M.;
(ii) alternative weekends from 6:00 p.m. on the first weekend following receipt of the notification. on Friday until 7 p.m. on Sunday, which continues every year;
(iii) Paternity leave for vacations as specified in subsections30-3-35(2)(c) a (j);
(iv) the length of parental leave may be:
(A) two one-week periods separated by at least four weeks at the option of the non-custodial parent;
(B) one week is uninterrupted time for the non-custodial parent;
(C) the remaining week is subject to parental leave for the custodial parent in accordance with this Policy; AND
(D) the custodial parent is entitled to one week of identical uninterrupted leave; AND
(v) Brief telephone contact and virtual parental leave with the non-custodial parent at least twice a week, provided the facilities are reasonably available, provided the court determines whether the facilities are reasonably available if the parties cannot agree to parental leave virtual is reasonably available, taking into account:
(A) the best interests of the child;
(B) the ability of each parent to manage the additional expenses of virtual parental leave; AND
(C) any other factors that the court considers important.
(f) For children three years of age or older but less than five years of age:
(i) To be specified by the noncustodial parent or the court between 5:30 p.m. m. and 6:30 p.m. m. and 8:30 p.m. m. on the night of a weekday; however, if the child is cared for outside their usual place of residence during the day, the non-custodial parent may, after prior notice to the custodial parent, pick up the child before the caregiver and return the child to the custodial parent by 08:30 A.M.;
(ii) alternative weekends from 6:00 p.m. on the first weekend following receipt of the notification. on Friday until 7 p.m. on Sunday, which continues every year;
(iii) Paternity leave for vacations as specified in subsections30-3-35(2)(c) a (j);
(iv) Extended parental leave with the non-custodial parent may be:
(A) two two-week periods separated by at least four weeks, at the option of the non-custodial parent;
(B) a period of two weeks will be considered continuous time for the non-custodial parent;
(C) the remaining two weeks are subject to parental leave for the custodial parent in accordance with this Policy; AND
(D) the custodial parent has an identical two-week uninterrupted leave period; AND
(v) Brief telephone contact and virtual parental leave with the non-custodial parent at least twice a week, provided the facilities are reasonably available, provided the court determines whether the facilities are reasonably available if the parties cannot agree to parental leave virtual is reasonably available, taking into account:
(A) the best interests of the child;
(B) the ability of each parent to manage the additional expenses of virtual parental leave; AND
(C) any other factors that the court considers important.
(4) One parent must notify the other parent at least 30 days in advance of extended parental leave or vacation weeks.
(5) Virtual parental leave must be at appropriate times and of an appropriate duration.
Amended by Chapter 228, General Assembly 2010
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FAQs
What is Utah Code section 30 3 3? ›
In any action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense.
What is Utah code 30 3 35 summer? ›A custodial parent is entitled to uninterrupted parent-time with the child for two weeks, which may be consecutive, when school is not in session for summer break. Each parent shall provide notification to the other parent of the parent's plans for the exercise of parent-time for summer break under Subsection (8).
What is Utah code 30 3 2? ›Right of husband to divorce. The husband may in all cases obtain a divorce from his wife for the same causes and in the same manner as the wife may obtain a divorce from her husband.
What is Utah code 30 3 38? ›If a parent files a motion in the third district court alleging that court-ordered parent-time rights are being violated, the clerk of the court, after assigning the case to a judge, shall refer the case to the administrator of this program for assignment to a mediator, unless a parent is incarcerated or otherwise ...
What is a felony 3 charge in Utah? ›The “least serious” degree of felony in Utah, third-degree felonies carry penalties that include fines up to $5,000 and up to 5 years in state prison. Examples of third degree felonies in Utah include theft over $1,500 but less than $5,000, burglary of a non-inhabited dwelling, and promoting prostitution.
What is Utah Code 30 1 2? ›Marriages prohibited and void. between a divorced individual and any individual other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree.
What is Utah Code 30 1 10? ›Affidavit before the clerk -- Penalty. A clerk may not issue a license until an affidavit is made before the clerk, which shall be filed and preserved by the clerk, by a party applying for the license, showing that there is no lawful reason in the way of the marriage.
What is Title 30 Chapter 1 of the Utah Code? ›Title 30 Chapter 1. Incestuous marriages void. Marriages prohibited and void. Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.
What age can you leave home in Utah? ›If you are 16 years old or older, you can ask the juvenile court for emancipation. File a Petition for Emancipation in the juvenile court in your county.
What is Utah Code 39 1 36 1? ›(1) Any member of a reserve component of the armed forces of the United States who pursuant to military orders enters active duty, active duty for training, inactive duty training, or state active duty shall upon request be granted a leave of absence from employment, but for no more than five years.
What is a Tier 3 case in Utah? ›
Tier 1 cases involve asserted damages of $50,000 or less, Tier 2 cases involve $50,001-$300,000 in claimed damages, and Tier 3 cases involve claimed damages in excess of $300,000.
What is Tier 3 lawsuit Utah? ›Tier 3 cases are logistically or legally complex and typically have substantial documentary evidence, many witnesses, expert witnesses, and may require numerous pretrial motions raising complex legal issues. These cases typically have damages greater than $300,000.
How long can you be held without charges in Utah? ›“Unless an information or indictment is filed or the affected person consents in writing or on the record in open court, an accused shall not be detained in jail or subjected to conditions of release for more than 72 hours after the defendant's detention in jail or release on conditions, whichever occurs first.
What is Utah Code 11.36 060? ›11.36. 060 - Walking on or along roadways. 11.36. 070 - Standing in roadway prohibited when.
How long can jail hold you in Utah? ›Prosecutors Must File Charges within 72 Hours
However, while most inmates will be released after 72 hours have elapsed, there are also situations where the Salt Lake County Attorney's Office can obtain a time extension. In extreme cases, these extensions may last as long as two weeks or longer.
Generally, these categories carry the following consequences: Third-degree felony: Up to five years in prison, and/or up to $5,000 in fines. Second-degree felony: One to 15 years in imprisonment, and/or up to $10,000 in fines. First-degree felony: Minimum five years to life imprisonment, and/or up to $10,000 in fines.
What dollar amount is a felony in Utah? ›The monetary threshold for felony theft in Utah is $1,500. Stealing property or services valued at or above $1,500 results in felony penalties. However, having prior theft convictions can also push up penalties to a felony when the value is lower than $1,500.
Does a felony go away in Utah? ›You aren't facing any other criminal chargesIf you were convicted, then you can have your records expunged after a certain number of years, depending on the severity of the crime: Misdemeanors under the Utah Traffic Code: 10 years. Felonies under the Utah Controlled Substance Act: 10 years. Other felonies: 7 years.
What is Utah Code 34 56 101? ›Definitions. a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee.
What is a Category 2 Restricted person Utah? ›A Category II restricted person who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person's custody or control: (a) any firearm is guilty of a third degree felony; or. (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
What is Utah Code 13 61 101? ›
"Consent" means an affirmative act by a consumer that unambiguously indicates the consumer's voluntary and informed agreement to allow a person to process personal data related to the consumer. "Consumer" means an individual who is a resident of the state acting in an individual or household context.
What is custodial interference in Utah? ›An actor who is entitled to custody of a child commits custodial interference if, during a period of time when another individual is entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from the individual entitled to visitation of the child, with the intent to ...
Is Utah a home rule state? ›Utah: There is not a lot of case law defining the relationship between the State and the local governments, but it seems that Utah has adopted something close to the statutory home-rule framework. interpret any grants of power liberally in favor of the local government.
Is Utah a one party consent? ›Telephone and electronic communications
The consent of at least one party to any telephone conversation is required to record it. Utah Code Ann. § 77-23a-4.
Utah exemption law allows bankruptcy debtors to exempt much of their personal property, including a vehicle up to $3,000 per person, furnishings, guns, heirlooms, retirement accounts, certain insurance proceeds, medical devices, and many more.
What is a quiet title Utah? ›78B-6-1301 Quiet title -- Action to determine adverse claim to property. A person may bring an action against another person to determine rights, interests, or claims to or in personal or real property.
What is Utah Code 30 1 34? ›Completion of counseling or education. The county clerk of a county that operates an online marriage application system and issues a marriage license to applicants who certify completion of premarital counseling or education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
How long can a 10 year old stay home alone in Utah? ›In the state of Utah, there is no age limit. There is no law about when you can keep your child home alone. There is a lot of debate on this topic and each state has different laws and suggested guidelines. Not long ago, may preteens started babysitting younger kids when they were as long as 11 themselves.
Can I leave my 10 year old home alone? ›babies, toddlers and very young children should never be left alone. children under the age of 12 are rarely mature enough to cope in an emergency and should not be left at home alone for a long period of time. children under the age of 16 should not be left alone overnight.
What is the age of majority law in Utah? ›In Utah, educational rights transfer at the age of majority, 18 years old unless guardianship is taken. All of the educational rights provided to the parents transfer to the student when he or she reaches the age of majority.
What are the abandonment laws in Utah? ›
A landlord cannot evict a tenant without a court order. However, a landlord can recover possession if the premises have been abandoned. There are two circumstances in which a landlord can decide the premises have been abandoned. the tenant fails to pay rent within 15 days after the due date.
What is the penalty for possession of a controlled substance in Utah? ›§ 58-37-8(1). It is unlawful in Utah possess or use a controlled substance except pursuant to a valid prescription. Violation of this law may result in charges running from a class B misdemeanor to second degree felony depending upon the quantity of drugs within the individual's possession.
Does I 40 go through Utah? ›US 40 currently ends at a junction with I-80 in Silver Summit, Utah, just outside Salt Lake City. West of this point US 40 was functionally replaced with I-80, and as these segments of I-80 were constructed the western portion of US 40 was truncated several times.
What is Rule 37 in Utah civil procedure? ›Rule 37 requires certification that the moving party has “in good faith conferred” with the opposing party in an effort to obtain discovery without court intervention.
What is a Tier 3? ›Tier 3 systems are meant to provide individualized and intensive interventions and supports to students to ensure positive behavioral outcomes. Schools are shifting their focus from compliance with regulations to achieving positive student outcomes.
What is rule 27 mean? ›(1973) Rule 27, substantially tracking Federal Rule 27, regulates the taking of depositions for a purpose other than discovery, i.e., for preservation of testimony before an action is commenced, or for a similar purpose after trial, but during the pendency of an appeal.
Can you sue for emotional distress in Utah? ›One of the areas of damages that somebody who injures another person is required to compensate you for is your emotional distress. In Utah, you do get compensation for the emotional stress caused by the injury.
Can you sue someone for emotional distress in Utah? ›However, you can award damages for emotional distress only when the distress is severe or extreme. In determining the severity of distress, you may consider the intensity and duration of the distress, observable behavioral or physical symptoms, and the nature of [name of defendant]'s conduct.
What is a Level 3 case? ›A case remains in Level 1 or Level 2, as determined by the pleadings, unless and until it is moved to Level 3. To be in Level 3, the court must order a specific plan for the case, either on a party's motion or on the court's own initiative. The plan may be one agreed to by the parties and submitted as an agreed order.
How long can police keep you in custody? ›How long police can hold you in custody depends entirely on the circumstance. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.
What crimes have no statute of limitations in Utah? ›
Capital felony: No time limit. Aggravated murder: No time limit. Murder: No time limit. Manslaughter: No time limit.
How do I get charges dropped before court date? ›- Formal acquittal. ...
- Discontinuance. ...
- Lack of evidence. ...
- Evidence against you was illegally obtained. ...
- The prosecution is not in the public interest. ...
- To buy time to prepare for a later trial.
Forgery and producing false identification -- Elements of offense -- Definitions.
What is Utah code 11 39? ›Title 11 Chapter 39
Definitions. Requirement for plans and specifications and cost estimate. Requirements for undertaking a building improvement or public works project -- Request for bids -- Authority to reject bids.
Issuing a bad check or draft -- Presumption.
If the check or draft or series of checks or drafts made or drawn in this state within a period not exceeding six months amounts to a sum that is less than $500, the offense is a class B misdemeanor.
Arrest warrants typically do not have an expiration date. Once the arrest warrant is issued, the police may arrest the person subject to the warrant at any time. If the police go through the trouble of getting a warrant approved by a judge, they are likely to execute the warrant rather quickly.
How long do police have to file charges in Utah? ›All Utah criminal infractions must be prosecuted within 1 year or the statute of limitations bars the public prosecution. See Utah Code Ann. 76-1-302 (2017).
What is the right to a speedy trial in Utah? ›(2) The victim of a crime has the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks ...
How does statute of limitations work in Utah? ›Statutes of limitation apply in both civil and criminal cases. The statute of limitations for some cases is as short as six months, while some serious criminal offenses have no limit and can be filed at any time, even decades after the crime occurred. Most statutes of limitation range from one to eight years.
What accounts are protected from creditors? ›This creditor protection can be a valuable tool in the event of a legal liability, personal injury lawsuit, or bankruptcy. Accounts that receive special protection include 401(k) plans, pension plans, profit sharing accounts, SEP IRAs, SIMPLE IRAs, 403(b) plans, 457 plans, traditional IRAs, and Roth IRAs.
What is the Utah Homestead Act? ›
The Utah Homestead Exemption Amount
Under the Utah exemption system, homeowners can exempt up to $43,300 of their home or other property covered by the homestead exemption, such as a mobile home. You can use the homestead exemption to protect more than one parcel of land, but you can protect only up to one acre total.
Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.
How long is the statute of limitations in Utah? ›The statute of limitations for some cases is as short as six months, while some serious criminal offenses have no limit and can be filed at any time, even decades after the crime occurred. Most statutes of limitation range from one to eight years.
What is the statute of limitations for a felony in Utah? ›UTAH FELONY STATUTE OF LIMITATIONS—4 YEARS WITH SOME SEX OFFENSE EXCEPTIONS. A Utah misdemeanor, other than negligent homicide, shall be commenced within two years after the alleged criminal act has been committed. See Utah Code Ann 76-1-302 (2017).