The Utah State Holiday Visitation Schedule is located at Section 30-3-35.

This is a link to the PDF.

I’m going to post the full text below in case you want to read it.

You should know that the code does change from time to time. This was put into place in 2010.

Sometimes clients want to change the standard holiday schedule in their custody order or divorce decree. That is done on a regular basis.

One recent change we did was where the mom and children lived out of Utah and Dad lived in Utah and had minimum parent-time. We created a holiday schedule during Christmas where she would bring the kids and split the Christmas break with Dad so that Mom had 1 week of Christmas and Dad had the 2nd week of Christmas and they alternated who got which week with odd and even years. That was a good resolution for them.

You may had a different situation too where the standard holiday schedule doesn’t really work for you.

If that’s the case, please give our office a call and we can help you with that.

Thanks for visiting

SEO by Jeremy Eveland

—- HERE IS THE FULL TEXT OF THE LAW —-

30-3-35 Minimum schedule for parent-time for children 5 to 18 years of age.
(1) The parent-time schedule in this section applies to children 5 to 18 years of age.
(2) If the parties do not agree to a parent-time schedule, the following schedule shall be considered
the minimum parent-time to which the noncustodial parent and the child shall be entitled.
(a)
(i)
(A) One weekday evening to be specified by the noncustodial parent or the court, or
Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
(B) at the election of the noncustodial parent, one weekday from the time the child’s school is
regularly dismissed until 8:30 p.m., unless the court directs the application of Subsection
(2)(a)(i); or
(C) at the election of the noncustodial parent, if school is not in session, one weekday from
approximately 9 a.m., accommodating the custodial parent’s work schedule, until 8:30
p.m. if the noncustodial parent is available to be with the child, unless the court directs the
application of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
(ii) Once the election of the weekday for the weekday evening parent-time is made, it may not
be changed except by mutual written agreement or court order.
(b)
(i)
(A) Alternating weekends beginning on the first weekend after the entry of the decree from 6
p.m. on Friday until 7 p.m. on Sunday continuing each year;
(B) at the election of the noncustodial parent, from the time the child’s school is regularly
dismissed on Friday until 7 p.m. on Sunday, unless the court directs the application of
Subsection (2)(b)(i)(A); or
(C) at the election of the noncustodial parent, if school is not in session, on Friday from
approximately 9 a.m., accommodating the custodial parent’s work schedule, until 7 p.m.
on Sunday, if the noncustodial parent is available to be with the child unless the court
directs the application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
(ii) A step-parent, grandparent, or other responsible adult designated by the noncustodial
parent, may pick up the child if the custodial parent is aware of the identity of the individual,
and the parent will be with the child by 7 p.m.
(iii) Elections should be made by the noncustodial parent at the time of entry of the divorce
decree or court order, and may be changed by mutual agreement, court order, or by the
noncustodial parent in the event of a change in the child’s schedule.
(iv) Weekends include any “snow” days, teacher development days, or other days when school
is not scheduled and which are contiguous to the weekend period.
(c) Holidays include any “snow” days, teacher development days after the children begin the
school year, or other days when school is not scheduled, contiguous to the holiday period,
and take precedence over the weekend parent-time. Changes may not be made to the
regular rotation of the alternating weekend parent-time schedule; however, birthdays take
precedence over holidays and extended parent-time, except Mother’s Day and Father’s Day;
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.
(d) If a holiday falls on a regularly scheduled school day, the noncustodial parent shall be
responsible for the child’s attendance at school for that school day.
(e)
Utah Code
Page 2
(i) 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
noncustodial parent shall be entitled to this lengthier holiday period.
(ii)
(A) At the election of the noncustodial parent, parent-time over a scheduled holiday weekend
may begin from 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; or
(B) at the election of the noncustodial parent, if school is not in session, parent-time over
a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the
custodial parent’s work schedule, the first day of the holiday weekend until 7 p.m. on the
last day of the holiday weekend, if the noncustodial parent is available to be with the child
unless the court directs the application of Subsection (2)(e)(ii)(A).
(iii) A step-parent, grandparent, or other responsible individual designated by the noncustodial
parent, may pick up the child if the custodial parent is aware of the identity of the individual,
and the parent will be with the child by 7 p.m.
(iv) Elections should be made by the noncustodial parent at the time of the divorce decree or
court order, and may be changed by mutual agreement, court order, or by the noncustodial
parent in the event of a change in the child’s schedule.
(f) In years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i) child’s birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9
p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the
birthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii) spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the
Sunday before school resumes;
(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on
the day following the holiday, at the option of the parent exercising the holiday;
(v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for
a lengthier period of time to which the noncustodial parent is completely entitled;
(vi) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at 6 p.m.
on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of
time to which the noncustodial parent is completely entitled;
(vii) Veteran’s Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the
holiday; and
(viii) 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.
(g) In years ending in an even number, the noncustodial parent is entitled to the following
holidays:
(i) child’s birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the
noncustodial parent, he may take other siblings along for the birthday;
(ii) President’s Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the holiday
extends for a lengthier period of time to which the noncustodial parent is completely entitled;
Utah Code
Page 3
(iv) July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later than 6
p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday;
(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local
community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
(viii) the second portion of the Christmas school vacation as defined in Subsection 30-3-32(3)
(b), 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.
(h) The custodial parent is entitled to the odd year holidays in even years and the even year
holidays in odd years.
(i) Father’s Day shall be spent with the natural or adoptive father every year beginning at 9 a.m.
until 7 p.m. on the holiday.
(j) Mother’s Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m.
until 7 p.m. on the holiday.
(k) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial
parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for
weekday parent-time but not weekends, except for a holiday to be exercised by the other
parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted time when
school is not in session for purposes of vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weeks with the
child at least 30 days prior to the end of the child’s school year to the other parent and if
notification is not provided timely the complying parent may determine the schedule for
extended parent-time for the noncomplying parent.
(n) Telephone contact shall be at reasonable hours and for a reasonable duration.
(o) Virtual parent-time, if the equipment is reasonably available and the parents reside at least
100 miles apart, shall be at reasonable hours and for reasonable duration, provided that if
the parties cannot agree on whether the equipment is reasonably available, the court shall
decide whether the equipment for virtual parent-time is reasonably available, taking into
consideration:
(i) the best interests of the child;
(ii) each parent’s ability to handle any additional expenses for virtual parent-time; and
(iii) any other factors the court considers material.
(3) Any elections required to be made in accordance with this section by either parent concerning
parent-time shall be made a part of the decree and made a part of the parent-time order.
(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday may not be extended beyond the
hours designated in Subsection (2)(g)(vi).
Amended by Chapter 228, 2010 General Session

source http://lawyerdivorceutah.com/2017/02/20/utah-state-holiday-visitation-schedule-30-3-35/

I was asked whether we do custody battles.

Yes, we do.

What is a Custody Battle?

A custody battle is when you and your ex fight over who should have custody of the kids. Typically, it is about physical custody. Meaning where the kids spend the night.

There is some confusion about physical custody, but the standard in Utah looks at where the child spends the night. If the child spends the night at your house the majority of the time, then you are said to have primary physical custody. If you have more than 111 overnights in a year each, then you have a joint physical custody situation. If you have 255 or more overnights in a year, then you have sole physical custody. This is simple math. The more overnights you get the better off you are in terms of custody.

How to Win a Custody Battle

The best way to win a custody battle is to not engage in petty behaviors like name calling and treating the other parent like crap. You want to take the higher road.

The next step is to begin gathering facts as to why the kids should be with you. For example, who helps the kids with homework? Is it you? Then we need to put down how often you do that.

Are you teaching the kids responsibility by giving them chores to do? We need that information – get that to us.

And just like that, we take each thing that you are doing for your kids and we outline it to the judge.

Also, and this is very important — you don’t want anything negative. If there is anything negative, we want to end it so you can be riding on the white horse saving your kids.

Facts make or break a custody battle, so you want to have all the facts on your side.

You be the parent that your kids need and we show it to the judge. You can come out as a winner if we do this right.

Conclusion

If you are ready to win your custody battle, give us a call. We’re ready to help you.

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/02/15/custody-battles/

So I was asked by a new client: which courthouse will my divorce be in?

We don’t get to pick which courthouse your case will be in. Utah law requires that we file your divorce case in the county where you have resided in during the last 3 months. If you have minor children, then we must file where the minor children have resided for the last 6 months. This makes it so that you have

Since our main office is located in West Jordan, sometimes clients believe that we can file their case in the West Jordan Courthouse. Although we wish that we could (after all, the West Jordan Courthouse is only a 2 minute drive from our office); however, all cases in Salt Lake County must be filed in the Matheson Courthouse, located at 450 South State Street.

Here is a photo of the building:

You’ve probably seen this building before. Most cases in Salt Lake end up here. There are other courthouses in Salt Lake City, but this is the main one. Now, if you live in South Jordan, Sandy, West Jordan, Draper, or Riverton for example, you must file your divorce case in the Matheson Courthouse. Now, about 1 out of ever 4 cases is administratively assigned to the West Jordan Courthouse. This means that you may get lucky and not have to drive all the way downtown. But it is completely out of our control. This is done by the administrative office of the courts and has nothing to do with us.

The Salt Lake County District court is in the Third Judicial District. All of the courts of general jurisdiction in the state of Utah are divided up into judicial districts and are called “district courts.” All divorces must be filed in a district court. Justice courts in Utah do not have the proper jurisdiction for you to file for divorce there. In fact, if you tried to file for divorce in Justice Court, they very likely would not accept your case filing and reject it.

The Third District includes Salt Lake County, Tooele County and Summit County. If you are filing for divorce and you live in Park City, Utah; then, you would file in the Third District Court, Summit County Department. If you live in Tooele, Utah or Grantsville, you would file in the Third District Court, Tooele Department.

The court in Provo, Utah County, does the same thing that the Salt Lake District Court does.. If you live in Lehi, American Fork, Orem or Provo, you must file your case in the Provo courthouse located at 125 West 100 North, Provo, Utah. But, a random amount of cases is re-assigned to the American Fork Department of the Fourth Judicial District. So, despite the fact that if you live in Utah county and you are required to file for divorce in the Provo Department, it is possible that you case is reassigned to the American Fork Department. Now, with that said, you should understand that divorce courts in Utah use the court commissioner system, meaning that sometimes you do not appear before a judge, but before a court commissioner.

In Utah County, the Court Commissioners are in Provo. So, if your case is reassigned to American Fork, you may still have to go to the Provo Courthouse for your hearing if it is before a court commissioner. Keep this in mind because you don’t want to go to the wrong courthouse.

I hope this has been helpful to you.

Please let us know other questions that you have so we can better help you with your legal needs.

Be sure to call us if you need a family law attorney.

Until the next post – thanks for visiting!

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/02/14/divorce-court-in-utah/

Order to Show Cause

Contempt Procedures or Contempt Charges

An order to show cause in Utah is a way that your ex-spouse can force you to comply with a court order.

Perhaps it best to use an example.

Let’s say there is a temporary order in place in your divorce case that requires you to pay temporary alimony to your spouse during the divorce case. Let’s say it is for $500 per month. So, for whatever reason, let’s say that you don’t pay your spouse the $500 per month. Your spouse can bring an order to show cause before the court, asking you to be held in contempt of court for your failure to obey the lawful court order. (i.e. – not paying the $500 per month).

So, contempt of court can be a monetary sanction – meaning you pay your spouse’s attorney’s fees, costs, and a punitive dollar amount. Contempt can also be by putting you in jail for a weekend or, until you are current on your payments. This is drastic, but I’ve seen it happen. You really don’t want to get thrown into jail.

Contempt can play a big role after a court has actually issued a judgment, order, temporary order, or decree to control the actions of the parents, which it can do at any type of point throughout the separation or divorce, or custody proceedings. As soon as the court has provided such ruling, it is extremely important for you to obey them and for your ex to obey them as well. Courts hate it when a parent neglects their orders.

If an attorney and his client can create evidence that you have willfully violated the provisions of a court order; then, they can “make a motion” or file an “order to show cause” for a contempt ruling.

How to Get a Contempt Ruling

In Utah, it goes to 2 hearings:

First, there is a hearing before the court commissioner. This is just where attorney’s make argument. The court commissioner will certify the issue for contempt. If certified for contempt, then the court will allow an evidentiary hearing to take place on the order to show cause.

Second, there is an evidentiary hearing. This is set before the district court judge in your case. This is like a mini-trial because you will have to take the witness stand and testify and your ex will take the stand and testify and any other witnesses will also need to be there.

Technically, a contempt action is appropriate anytime you or your ex goes against any kind of provision of the court order or decree. Most of the time, however, the violation or infraction needs to be considerable.

To find a party in contempt of court requires there to be a “willful intent” to violate the order. The court can not just conclude that the party did not act based on the decree. The court has to rule on the evidence that the accused purposely did so and did so without a good reason.

Consequences of a Contempt Ruling

Remember that a contempt charge is civil in nature and not a crime. This means that usually you’re not looking at jail time.

Still, I have seen courts put a non-compliant person behind bars for failing to pay child support of alimony on purpose.

I hope this has been helpful.

Let me know your thoughts.

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/02/10/order-to-show-cause-contempt-charges/

Do I need to hire a divorce lawyer near me or near the court where I’ll be filing for divorce?

The answer may surprise you – but the answer is maybe.

In divorce cases, our main location is in West Jordan, Utah – so of course we go to the Matheson courthouse and we go to the West Jordan Courthouse for divorce cases, but we’ve also been all over the state of Utah. We’ve been to Manti, Ogden, Provo, and all across the state.

Yes, the majority of our cases are in Salt Lake County, Utah County, Weber and Davis Counties – this is true. So, it really depends on what type of case that you have and what it is you are trying to accomplish. Are you modifying your divorce decree? Is your case contested or uncontested? Will it take years or will you be done in 90-120 days?

All of these questions play a role as to where you want your lawyer to be located. Ever if your lawyer is right next to the courthouse like us (we are a 2 minute drive to the West Jordan Courthouse) that doesn’t necessarily mean that you’ve got the best lawyer for the job.

You wouldn’t hire a plumber to do your dental work would you? Then you shouldn’t hire just anyone to do your divorce or family law case.

You should at least get a free legal case review with our office just to go over things and make sure your case is on the right track. Oftentimes, we’ve been able to help our clients avoid years of litigation and tons of frustration.

You can do the same. Call us when you are ready.

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/02/08/divorce-lawyers-near-me/

Divorce Lawyer Provo Utah

Are you a divorce lawyer in Provo, Utah?

Well yes, we regularly do divorced in Provo. We have appeared before all of the judges and court commissioners in Provo. Commissioner Patton and Commissioner Faulkner are both respected and detail oriented.

In this video we explain that we practice family law in Provo, Utah.

What is family law?

Family law is the area of law that pertains to families and family relationships. So we do divorces, separations, pre-nups, custody cases, adoption cases, juvenile cases, DCFS cases, and any other type of case that has to do with the family.

One of the staff here at our office has adopted 3 children! One of the former attorneys has been through a divorce. We are all part of a family in one way or another and sometimes those relationships get strained or have to change. We help people deal with those changes.

If you need a family law attorney in Provo, Utah, you should give our office a call.

source http://lawyerdivorceutah.com/2017/02/02/divorce-lawyer-provo-utah/