Parent Time Schedules

If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best interests of the child. Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.

The advisory guidelines as provided in Utah Code § 30-3-33 and the parent-time schedule as provided in Utah Code § 30-3-35 and § 30-3-35.5 are presumed to be in the best interests of the child.

The parent-time schedule is considered to be the minimum parent-time to which the noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a preponderance of the evidence that more or less parent-time should be awarded based upon any of the following criteria:

(1) parent-time would endanger the child's physical health or significantly impair the child's emotional development;

(2) the distance between the residency of the child and the noncustodial parent;

(3) a substantiated or unfounded allegation of child abuse has been made;

(4) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;

(5) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;

(6) the preference of the child if the court determines the child to be of sufficient maturity;

(7) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;

(8) shared interests between the child and the noncustodial parent

(9) the involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;

(10) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;

(11) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;

(12) the minimal duration of and lack of significant bonding in the parents' relationship prior to the conception of the child; (m) the parent-time schedule of siblings;

(13) the lack of reasonable alternatives to the needs of a nursing child; and

(14) any other criteria the court determines relevant to the best interests of the child.