HOLIDAY PARENT TIME GUIDE
Utah’s standard holiday parent time schedule can be confusing. (Utah Code Section 30-3-35(2)(f) and (g)). Some confusion stems from the fact that a parent’s holidays with their children alternate from year-to-year depending on whether it is an odd or an even year. Another source of confusion is that holidays take precedence over regular parent time. We have provided this holiday parent time guide to help clear up any confusion you may have regarding the standard schedule.
Important Notes: This schedule is only for children 5 - 18 years of age. For children younger than 5, there is a different standard holiday schedule. That schedule is described in the following statute: Utah Code Section 30-3-35.5. However, this guide will still be useful to you as Section 30-3-35.5 makes reference to this schedule. Please also note that the holiday schedule ordered in your case may be different from the standard schedule described below. Check your court order.
Non-custodial Parent (Usually the parent with fewer overnights)
Summer Parent Time:
Up to four consecutive weeks when school is not in session (28 consecutive overnights). Two weeks shall be uninterrupted time for the non-custodial parent. During the other two remaining weeks, the custodial parent shall have daytime parent time during one midweek day of their choosing, but not an overnight. Keep in mind, however, that the holiday overnights listed below take precedence over the summer parent time schedule chosen by the non-custodial parent and so may interrupt the summer parent time.
Even Numbered Year:
Child’s Birthday: 3:00 p.m. – 9:00 p.m. (you can have your other children for the birthday as well);
President’s Day Weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
Memorial Day Weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
July 24th: 6 p.m. on July 23rd until 6 p.m. on July 25th;
Columbus Day: 6:00 p.m. the day before the holiday until 7:00 p.m. on the holiday;
Halloween: On October 31st, or the day Halloween is traditionally celebrated in your community, from after school until 9 p.m. If not on a school day, then from 4 p.m. until 9 p.m.;
Thanksgiving: Wednesday at 7:00 p.m. until Sunday at 7:00 p.m.; and
2nd Half of Christmas/Winter Break: Beginning 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for the holiday period, so long as the entire Christmas holiday period is equally divided.
Odd Numbered Year:
Child's Birthday: On the day before or after the actual birthday (your choice) beginning at 3 p.m. until 9 p.m. (you can have your other children for the day as well);
Martin Luther King, Jr. Weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
Spring Break: 6:00 p.m. the day school gets out for the holiday until 7:00 p.m. the day before school resumes;
July 4th: 6 p.m. on July 3rd until 6 p.m. on July 5th;
Labor Day weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
Fall Break: 6 p.m. on Friday until Monday at 7 p.m.;
Veteran’s Day: 6 p.m. the day before the holiday until 7 p.m. on the holiday;
1st Half of Christmas/Winter Break: 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.
Custodial Parent (Usually the parent with more overnights)
Summer Parent Time:
Two weeks uninterrupted.
Even Numbered Years:
Child's Birthday: On the day before or after the actual birthday (your choice) beginning at 3 p.m. until 9 p.m. (you can have your other children for the day as well);
Martin Luther King, Jr. Weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
Spring Break: 6:00 p.m. the day school gets out for the holiday until 7:00 p.m. the day before school resumes;
July 4th: 6 p.m. on July 3rd until 6 p.m. on July 5th;
Labor Day weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
Fall Break: 6 p.m. on Friday until Monday at 7 p.m.;
Veteran’s Day: 6 p.m. the day before the holiday until 7 p.m. on the holiday;
1st Half of Christmas/Winter Break: 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.
Odd Numbered Years:
Child’s Birthday: 3:00 p.m. – 9:00 p.m. (you can have your other children for the birthday as well);
President’s Day Weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
Memorial Day Weekend: Friday at 6:00 p.m until Monday at 7:00 p.m.;
July 24th: 6 p.m. on July 23rd until 6 p.m. on July 25th;
Columbus Day: 6:00 p.m. the day before the holiday until 7:00 p.m. on the holiday;
Halloween: On October 31st, or the day Halloween is traditionally celebrated in your community, from after school until 9 p.m. If not on a school day, then from 4 p.m. until 9 p.m.;
Thanksgiving: Wednesday at 7:00 p.m. until Sunday at 7:00 p.m.; and
2nd Half of Christmas/Winter Break: Beginning 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for the holiday period, so long as the entire Christmas holiday period is equally divided.
Additional Holidays For Each Parent
Mother’s Day: Mother has child every year from 9:00 a.m. until 7:00 p.m.
Father’s Day: Father has child every year from 9:00 a.m. until 7:00 p.m.
If there's a conflict between holidays, which one takes precedence?
Pursuant to Utah Code Section 30-3-35(7), if a conflict arises in the parent-time schedule, the following order of precedence is applied by Utah courts when determining which parent is entitled to parent-time:
- The holiday schedule for Mother's Day or Father's Day
- The holiday schedule for the child's birthday, unless a parent is exercising uninterrupted extended summer parent-time and takes the child away from that parent's residence during the uninterrupted extended parent-time
- The holiday schedule for any other holiday that is not Father's Day, Mother's Day, or the child's birthday
- Extended summer parent-time
- The schedule for regular weekday or weekend parent-time.
A Few More Important Points
If the parent time schedule described in Utah Code Section 30-3-35.1, the 60/40 schedule, has been ordered, then the parents must follow the standard holiday schedule described above, except that whenever the standard schedule requires the noncustodial parent to return the child at any time after 6 p.m., Section 30-3-35.1 only requires the noncustodial parent return the child to school the next morning or at 8 a.m., if there is no school.
If the parent time schedule described in Utah Code Section 30-3-35.2, the equal parent time schedule, has been ordered, then the noncustodial parent does not get the four consecutive weeks of summer parent time described above in the standard holiday schedule, rather each parent just gets two consecutive weeks of uninterrupted summer parent time.
Weekends include any "snow" days, teacher development days, or other days when school is not scheduled, when the day is contiguous to the weekend period.
Holidays also include any "snow" days, teacher development days after the children begin the school year, or other days when school is not scheduled, which are contiguous to the holiday period, and these take precedence over the weekend parent-time.
Birthdays take precedence over holidays and extended parent-time, except Mother's Day and Father's Day. However, birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted time takes the child away from that parent's residence for the uninterrupted extended parent-time.
Both parents must notify the other parent at least 30 days before the end of the child's school year about when they will exercise their extended parent time. If notification is not timely provided, then the complying parent may determine the schedule for extended parent-time for the noncomplying parent.
If a holiday falls on a regularly scheduled school day, the non-custodial parent shall be responsible for the child's attendance at school for that school day.
If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the non-custodial parent shall be entitled to this lengthier holiday period.
If school is in session, the parent exercising their holiday parent time has the option to begin their parent time at the time the child's school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend.
If school is not in session, the parent exercising their holiday parent time has the option to begin their parent time at approximately 9 a.m. on the first day of the holiday weekend until 7 p.m. on the last day of the holiday weekend, if the parent exercising their holiday parent time is available to be with the child.
We recommend reading through Utah Code section 30-3-35(2)(f) and (g) as there are other minor points of which you should be aware to fully understand Utah's standard holiday parent time schedule.
We at Fair Price Lawyers hope you enjoy your summer and holiday parent time with your kids!
If you need help with a divorce or child custody case, use our 24/7 online tool to schedule a free 30-minute Zoom consultation with an experienced Utah family law attorney.
JOSHUA R. LUCHERINI, ESQ.
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