Legal Question in Family Law in Utah

My decree doesn't specify which day of the week extended-time may begin. That is, it doesn't say extended-time begins Monday.

My X arbitrarily picks when her week begins to "screw" me out of weekends or mid-weeks. For example, this year I exercise holiday parent-time on July 4th and then my regular parent-time weekend July 5-7. My X wants to begin her extended time on Saturday July 6.

Is there any guidance in statute, advisory guideline, etc. which specifies what day of the week an extended-time week must/should begin?


Asked on 5/01/13, 11:40 am

1 Answer from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

I feel your pain. The statute doesn't specify which day of the week extended parent time is to begin, although, in my opinion, it should. However, with respect to the July 4th holiday (and the same applies to July 24th), the statute provides: "(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. Accordingly, you will have until July 5th at 6:00 p.m. for that holiday. However, the code also provides: "(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." Therefore, I would take the position that the holiday period to which you are entitled under Utah law is July 3rd at 6:00 p.m. to July 5th at 6:00 p.m. Since July 5th is on a Friday and since the children are not in school and you are presumably free from work, you should have the entire weekend until Sunday, July 7th at 7:00 p.m. Your holiday parent time takes precendence over her extended parent time, so she will need to make other arrangements and perhaps begin her extended parent time on Monday, July 8th. If you would like to schedule a free initial consultation, please feel free to contact my office to schedule an appointment with me at (801) 274-3100.

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Answered on 5/01/13, 11:58 am


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