Visitation and Custody
Results-Oriented Utah Child Custody Attorneys
Deciding child custody and visitation rights (parenting rights) during a divorce or paternity action can put a tremendous emotional strain on you. Attempting to agree on visitation and parenting schedules can disintegrate into petty arguments, especially if you do not have the guidance of a lawyer skilled in family law matters.
At Wall & Wall, P.C., in Salt Lake City, Utah, our child custody attorneys have helped clients resolve their visitation issues since our law firm was founded in 1973. Our family-owned law firm has more than 125 years of combined legal experience, and we use our team approach to counsel clients throughout Utah in matters like:
- Mediation
- Grandparents' rights
- Establishing paternity
- Child custody evaluations
- Unmarried child custody rights
- Supervised and unsupervised visitation (parenting rights)
- Modifications of earlier custody and visitation agreements
- Joint / shared custody versus sole / physical / legal custody
Beware of Advertised Mediation Services
Some companies advertise "self-service" mediation services without a lawyer's presence. Sure you may save money, but having one of our experienced family law attorneys by your side during mediation will protect your rights. Our years of experience can help avert any potential pitfalls or points of contention.
We Represent Cases Involving Fathers' Rights Too
Our Utah child custody attorneys often get male clients who have given up on ever seeing their children. Whether they were legally married or were an unwed parent, these men come to us believing that courts and cultural biases tend to favor giving the mother automatic custody in most cases. Our child custody lawyers will make sure that the father's rights are also taken into account in deciding custody and visitation matters.
We have also handled cases where it is necessary to enforce parental rights. In some instances, DNA tests are often required to establish paternity.
For a free initial consultation to discuss the best way to resolve your visitation / parenting rights matters, contact our Utah child custody attorneys today at Wall & Wall, P.C. To learn more about family law before you schedule an appointment with us, please check out our FAQ page. Se Habla Español .
Guidelines & Suggestions to Win or Maintain Child Custody
- Custody is not an automatic process where the parent with the best intent always prevails.
- Avoid costly mistakes that you cannot afford to make with your children. They are depending on you. Never jeopardize your parenting rights with poor decisions. You must always protect your position and parenting rights.
- Do not deny statutory visitation. That is called parental alienation. Visitation has no correlation with payment of child support.
- Always take into consideration what is in the best interests of your child.
- Never neglect your children. Take meticulous care of your children.
- Do not maintain poor living conditions. Keep your home clean and repaired.
- Do not verbally or mentally abuse your child. If you are frustrated take a time out and then deal with situations with consideration of the future.
- Never physically abuse your child or expose your child to any kind of domestic violence. Exposure with domestic violence with a new partner could jeopardize your parenting position.
- Never expose your child to drugs or alcohol abuse.
- Never drive under the influence at all but most certainly with your children in the vehicle.
- Do not do any kind of parental alienation that includes talking bad about the other parent to your children or not allowing or monitoring telephone contact or refusing statutory or court ordered visitation.
- You always want to do want you have been court ordered to do to look the best in the eyes of the court.
- Be careful if re-marrying or exposing your children to a new partner. Be certain that the new partner is of high quality and would never jeopardize your parenting position. For instance, our office has seen cases of individuals marrying a pedophile and losing custody of their children.
- Never lie to your children; always be honest but not do burden them with adult problems or issues. If you need someone to talk about your difficult times find a friend or counselor.
- Take care of yourself emotionally and physically. Get psychological help to get through these difficult times. Your children need you to be the best you – this is a difficult and confusing time for them also.
- Become familiar with Utah Code related to custody of children that is listed below.
UtahCode Annotated 30-3-10. Custody of children in case of separation or divorce -- Custody consideration.
(1) If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court shall make an order for the future care and custody of the minor children as it considers appropriate.
(a) In determining any form of custody, the court shall consider the best interests of the child and, among other factors the court finds relevant, the following:
(i) the past conduct and demonstrated moral standards of each of the parties;
(ii) which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child; and
(iv) those factors outlined in Section 30-3-10.2.
(b) The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child.
(c) The children may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony.
(d) The court may inquire of the children and take into consideration the children's desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the children's custody or parent-time otherwise. The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor.
(e) If interviews with the children are conducted by the court pursuant to Subsection (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with the children is the only method to ascertain the child's desires regarding custody.
(2) In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate.
(3) If the court finds that one parent does not desire custody of the child, or has attempted to permanently relinquish custody to a third party, it shall take that evidence into consideration in determining whether to award custody to the other parent.
(4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody.
(b) If a court takes a parent's disability into account in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody, the parent with a disability may rebut any evidence, presumption, or inference arising from the disability by showing that:
(i) the disability does not significantly or substantially inhibit the parent's ability to provide for the physical and emotional needs of the child at issue; or
(ii) the parent with a disability has sufficient human, monetary, or other resources available to supplement the parent's ability to provide for the physical and emotional needs of the
child at issue.
(c) Nothing in this section may be construed to apply to adoption proceedings under Title 78, Chapter 30, Adoption.
(5) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child.
U.C.A. SECTION 30-3-35
MINIMUM SCHEDULE FOR VISITATION
FOR CHILDREN 5 TO 18 YEARS OF AGE
Reasonable Visitation should be defined as the parents may agree. If they are not able to agree the definition for children 5 – 18 years of age shall be as follows:
Midweek: One weekday evening specified from 5:30–8:30 pm
Alternate Weekends: Friday at 6:00 pm to Sunday at 7:00 pm
Holiday Visitation:
Beginning at 6:00 pm the day before the holiday to 7:00 pm of the holiday, unless specified otherwise, with these holidays to take precedence over the weekend visitation with alternating weekend schedule to not change.
Non Custodial Visits
Odd Numbered Years:
- Child’s Birthday: Day before or after from 3:00 to 9:00 pm
- Martin Luther King: 6:00 pm Friday to 7:00 pm Monday
- Spring Break or Easter: 6:00 pm when school lets out to 7:00 pm the Sunday before school starts.
- Memorial Day: 6:00 pm Friday to 7:00 pm Monday
- July 24th: 6:00 pm the day before to 11:00 pm on the holiday
- Veterans Day: 6:00 pm the day before to 7:00 pm on the holiday
- Christmas Break: 1st half of break Christmas Eve from 1:00 pm to Christmas Day at 1:00 pm
Non Custodial Visits
Even Numbered Years:
- Child’s Birthday: Actual birthday from 3:00 to 9:00 pm
- Washington and Lincoln: 6:00 pm on Friday to 7:00 pm Monday
- July 4th: 6:00 pm day before until 11:00 pm on holiday
- Labor Day: 6:00 pm on Friday to 7:00 pm on Monday
- Fall School Break(UEA): 6:00 pm Wednesday to 7:00 pm Monday
- Columbus Day: 6:00 pm before holiday to 7:00 pm on holiday
- Thanksgiving: 7:00 pm Wednesday to 7:00 pm Sunday
- Christmas: 2nd half of break Christmas Day from 1:00 pm to 9:00 pm
Fathers Day: Every year 9:00 am to 7:00 pm
Mothers Day: Every year 9:00 am to 7:00 pm
Summer: Four weeks during summer, two weeks uninterrupted; or if year round, one-half (1/2) school breaks. Custodial parent also allowed two weeks uninterrupted. Notification of summer visitation or vacation weeks with child should be provided in writing to the other party at least thirty days in advance.
Telephone: Contact at reasonable hours and for reasonable duration.
FURTHER CLARIFICATIONS:
Family Functions: Special consideration shall be given by each parent to make a child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with the visitation schedule.
Pick Up/Return: The noncustodial parent shall pick up the child at the times specified and return the child a the times specified; the child’s regular school hours shall not be interrupted.
Special Events: The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sport and community functions in which the child is partidicpating or being honored, and the noncustodial parent shall be entitled to attend and participate fully.
Records/Reports: The noncustodial parent shall have access directly to all school reports including preschool and day care reports and medical records, and shall be notified immediately by the custodial parent in the event of a medical emergency.
Change of Address: Each parent shall provide the other with his current address and telephone number within 24 hours of any change.
Child Care: Parental care shall be presumed to be better care for the children than surrogate care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able, to provide child care.
Religious Holidays: Each parent shall be entitled to an equal division of major religious holidays celebrated by the parents, and the parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the child on the religious holiday.
Medical Reimbursement: All out of pocket medical, dental and vision expenses including deductibles and co-payments are shared equally by the parents. Copies of payments need to be submitted for reimbursement to the other party and reimbursed within 30 days.
Child Support Worksheets to determine child support can be obtained from our office.
U.C.A. Section 30-3-35
(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) one weekday evening to be specified by the noncustodial parent or the court from 5:30 p.m. until 8:30 p.m.; or
(ii) 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);
(b) (i) 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; or
(ii) 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);
(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;
(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) (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; or
(ii) 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;
(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 or Easter holiday 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) Memorial 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;
(v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday;
(vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; and
(vii) the first portion of the Christmas school vacation as defined in Subsection
30-3-32(3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday 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) Washington and Lincoln 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) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the holiday;
(iv) Labor 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;
(v) 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;
(vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday;
(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, including New Year's Day, as defined in Subsection 30-3-32(3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long as the entire Christmas holiday 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 weeks consecutive at the option of the noncustodial parent;
(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 consistent with these guidelines;
(l) the custodial parent shall have an identical two-week period of uninterrupted time during the children's summer vacation from school for purposes of vacation;
(m) if the child is enrolled in year-round school, the noncustodial parent's extended parent-time shall be 1/2 of the vacation time for year-round school breaks, provided the custodial parent has holiday and phone visits;
(n) notification of extended parent-time or vacation weeks with the child shall be provided at least 30 days in advance to the other parent; and
(o) telephone contact and other virtual parent-time, if the equipment is reasonably available, 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.
Parent-Time Schedules For Children Under 3 Years of Age
FOR CHILDREN UNDER 5 MONTHS OF AGE:
Weekly: Six hour of parent-time per week, specified by the court or the
noncustodial parent preferably, divided into three parent-time periods and to take place in the custodial home, established child care setting or other environmental familiar to the child.
Holidays: Two hours on the holidays indicated on Holiday Schedule below, to take
place preferably in the custodial home, established child care setting or other environment familiar to the child.
FOR CHILDREN 5 MONTHS TO UNDER 10 MONTHS OF AGE:
Weekly: Nine hours of parent-time per week, specified by the court or the
noncustodial parent preferably, divided into three parent-time periods and to take place in the custodial home, established child care setting or other environment familiar to the child.
Holidays: Two hours on the holidays indicated on Holiday Schedule below, to take
place preferably in the custodial home, established child care setting or other environment familiar to the child.
FOR CHILDREN 10 MONTHS TO UNDER 18 MONTHS OF AGE:
Weekly: One 8 hour visit per week to be specified by the noncustodial parent or the
court; and One 3 hour visit per week to be specified by the noncustodial parent or the court.
Holidays: Eight hours on the holidays indicated on Holiday Schedule below, and
Telephone: Brief telephone contact and other virtual parent-time, if the equipment is
reasonably available, with noncustodial parent at least two times per week. 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 the best interest of the child, each parent’s ability to handle any additional expenses for virtual parent-time, and any other factor’s the court considers material.
FOR CHILDREN 18 MONTHS TO UNDER 3 YEARS OF AGE:
Midweek: One weekday evening for two hours between 5:30 – 8:30 p.m. to be
specified by the noncustodial parent or the court. However, if the child is being cared for during the day outside the child’s regular place of residence, the noncustodial parent may, with advance notice to the custodial parent, pick up the child from the caregiver at an earlier time and return the child to the custodial parent by 8:30 pm.
Weekend: Beginning on the first weekend after the entry of the decree alternating
weekends from6:00 pm Friday until 7:00 pm Sunday continuing each year.
Holiday: Holidays as specified on Holiday Schedule above.
Extended: Two one-week periods, separated by at least four weeks, at the option of
the noncustodial parent;
- With one week being uninterrupted time for the noncustodial parent;
- The remaining week shall be subject to parent-time for the custodial parent consistent with these guidelines and
- The custodial parent shall have an identical one-week period of uninterrupted time for vacation.
Notification of extended parent-time or vacation weeks with the child shall be provided at least 30 days in advance to the other parent.
Telephone: Brief telephone contact and other virtual parent time, if the equipment is
reasonably available, with noncustodial parent at least two times per week. If the parties cannot agree on whether the equipment is reasonably available, taking into consideration the best interest of the child, each parent’s ability to handle any additional expenses for virtual parent-time, and any other factors the court considers material.
