Visitation Rights Lawyer in Spanish Fork

Utah Parent-Time Law: What the Schedules Actually Say

Utah Code establishes minimum parent-time schedules that apply when parents can’t reach their own agreement. For children ages 5 to 18, the minimum schedule under Utah Code 81-9-302 includes alternating weekends from Friday at 6:00 p.m. to Sunday at 7:00 p.m., one weekday evening per week from 5:30 p.m. to 8:30 p.m., and up to four weeks of summer parent-time for the noncustodial parent. The statute also addresses holiday rotation and school-break schedules, and provides for virtual parent-time when parents live more than 100 miles apart.

Children under five are governed by a separate progressive schedule that increases the noncustodial parent’s time as the child grows from infancy through age four. These are floor requirements, not ceilings. Parents can negotiate a more expansive arrangement, and courts can order above the minimum when doing so serves the child’s best interests. This is the governing standard for every parent-time determination in Utah.

Courts weigh several factors under that standard:

• Each parent’s ability to meet the child’s physical and emotional needs
• The quality of the child’s relationship with each parent
• The child’s preference, when the child is of sufficient age and maturity
• Any history of domestic violence or abuse
• Each parent’s demonstrated willingness to support the child’s relationship with the other parent

Types of Parent-Time Arrangements in Utah

Utah law accommodates a range of arrangements depending on the child’s needs and the parents’ circumstances.

Standard Parent-Time
Follows the statutory minimum under Utah Code 81-9-302 when parents can’t agree on their own schedule.

Expanded Parent-Time
Utah Code 81-9-303 outlines an optional expanded schedule providing approximately 145 overnights per year for the noncustodial parent. This level of parenting time can support a joint physical custody designation.

Supervised Visitation
When safety concerns exist, such as documented substance abuse or a history of abuse, the court may order that visits take place in the presence of a designated supervisor. Violating a supervised visitation order may result in loss of visitation rights.

Grandparent Visitation
Grandparents may petition for court-ordered parent-time under Utah Code 30-5-2, but must generally demonstrate by clear and convincing evidence that losing the grandparent-grandchild relationship would cause substantial harm to the child. Grandparent visitation is a separate legal concern from parental custody and parent-time rights.

Modifying or Enforcing a Parent-Time Order

A parent-time order that worked two years ago may not reflect your family’s current reality. To modify an existing order in Utah, the requesting parent must show a substantial change in circumstances since the original order was entered. Meeting that threshold requires careful documentation and legal strategy. Building the record early can make a real difference.

Grounds for Modification

Circumstances courts have recognized as potentially supporting a modification include a parent’s relocation, shifts in the child’s school or schedule, significant changes in either parent’s work situation, the child’s evolving needs as they age, and documented interference with court-ordered parent-time. When a custodial parent plans to relocate more than 150 miles away, Utah law requires 60 days’ written notice, and the existing parent-time arrangement must be renegotiated or brought before the court.

Enforcement Options

If you’re being denied court-ordered parent-time, you have enforcement options: filing a motion for contempt with the Utah Fourth District Court, seeking makeup parent-time, or petitioning for a custody modification based on interference. Parents who consistently obstruct the other parent’s court-ordered access risk contempt findings and, in some cases, a modification of custody itself, depending on the facts and the court’s assessment.

Common Questions About Parent-Time in Utah

Can a parent withhold visitation if the other parent stops paying child support?
No. Child support and parent-time are legally separate obligations under Utah law. Withholding visitation as leverage for unpaid support can itself result in legal consequences for the parent doing the withholding.

Do parent-time rights apply to unmarried parents?
Yes. Utah’s parent-time statutes apply to both married and unmarried parents. Unmarried fathers may need to establish paternity before asserting parent-time rights, but the rights themselves exist regardless of marital status.

Can a child decide whether to attend visitation?
Utah courts may consider a child’s preference when the child is of sufficient age and maturity, but the court retains final authority based on the child’s best interests. A child’s refusal alone doesn’t override a court order.

What if the other parent consistently refuses to follow the order?
A parent who violates a court-ordered parent-time schedule may be held in contempt, ordered to provide makeup parent-time, or face a modification of the custody arrangement depending on the pattern and severity of the violations.

How do I start working with your firm on a parent-time matter?
Schedule a consultation to discuss your situation. We can help you understand where you stand under Utah law and what options are available, with flat-fee pricing so you know what representation will cost before you commit.