A typical question in family law scenarios is “Can the kids just stay the night?” Addressing overnight visits in the Spring 2015 Utah Legislative session, the Utah Legislature passed an optional parent-time schedule for children 5 to 18 years of age, known as Utah Code Ann. (“UCA”) Section 30-3-35.1.
The current minimum parent-time schedule is as follows:
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UCA § 30-3-35 Minimum Parent-Time Schedule for Children 5 to 18 years of age |
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One Weekday Each Week |
5:30 p.m. to 8:30 p.m. |
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Every Other Weekend |
Friday 6 p.m. to Sunday 7 p.m. |
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Holidays |
Half of the holidays, alternating each year |
Now, the optional parent-time schedule converts weeknight visits to overnight visits:
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UCA § 30-3-35.1 Minimum Parent-Time Schedule for Children 5 to 18 years of age |
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One Weekday Each Week |
5:30 p.m. until school starts the following day |
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Every Other Weekend |
Friday 6 p.m. to Monday when school starts |
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Holidays |
Half of the holidays, alternating each year |
Although this is a modest addition of actual parent-time with the children, it has a significant impact on child support, as the noncustodial parent’s overnight visits with the minor children increases from less than 70 overnights per year to a minimum of 145 overnights per year or “joint physical custody.” As a result, non-custodial parents often push for this schedule, even if they don’t intend to actually exercise all of the parent-time afforded them.
To receive this optional schedule, the non-custodial parent must demonstrate that: (1) he/she has been “actively involved” in the children’s lives; (2) the parties are able to communicate effectively regarding the children; (3) the noncustodial parent has the ability to facilitate the increased time; and (4) increased parent-time is in the best interest of the children.
“Active” involvement can be shown by: (a) a demonstrated responsibility for caring for the children; (b) involvement in daycare, school, homework and extracurricular activities; (c) involvement in preparation of meals, bath time and bedtime; and/or (d) a bond between the noncustodial parent and the children.
Many of the family law commissioners have indicated they appreciate having this optional schedule, making this schedule an important consideration when parties are negotiating a custody arrangement for the first time or when attempting to modify a prior parent-time order.
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