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What are Utah Divorce Codes 30-3-35 and 30-3-35.5?

by Norris Law Group on April 9, 2014

21134464_sIf you have children and are seeking a Utah divorce, your divorce attorney or the Court may have brought up Utah Divorce Codes 30-3-35 and/or 30-3-35.5. You should be familiar with these statutes, as they can affect your life and the lives of your children tremendously after your divorce is finalized.

Utah Divorce Code 30-3-35 deals specifically with Utah’s “minimum schedule for parent-time for children 5 to 18 years of age.” Utah Divorce Code 30-3-35.5 provides the “minimum schedule for parent-time for children under five years of age.” It may be easy to see that these statutes are closely related, but separate.

These codes are typically used when divorcing couples cannot come to an agreement on issues relating to child custody. Between the two, Utah Divorce Code 30-3-35 could perhaps be called the “master code,” as much of Utah Divorce 30-3-35.5 refers back to 30-3-35 for guidance. For example, 30-3-35 offers the following suggestions for setting up holiday visits:

(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.

Then 30-5-35.5 adds the following:  (2) All holidays in this section refer to the same holidays referenced in Section 30-3-35.

Confusing? It can be. But your experienced Utah family law attorney can be of tremendous assistance as you work out parent-time standards for your divorce. Ultimately, understanding Utah Divorce Codes 30-3-35 and 30-3-35.5 is in the best interest of your minor children.

Attorney Graham Norris and his associates at the Norris Law Group serve the residents of Utah County and throughout Utah in the area of divorce and family law. Contact them today at 801-932-1238 or online for a free consultation.

 

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