Legal Question in Family Law in Utah

please help to clarify the visitation schedule

This is what min. visitation schedule defines for this year's Christmas break for a non-custodial parent:''(viii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day until 1 p.m. on the day halfway through the holiday, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday is equally divided.'' My child's school break starts on Dec. 24th. According to 30-3-32 Christmas break is defined as ''(b) 'Christmas school vacation' means the time period beginning on the evening the child gets out of school for the Christmas or winter school break...'' Does that mean that the non-custodial parent picks the child up on the evening of Dec.23? If this is correct what is meant by the 'evening'? Also, according to 30-3-32 Christmas break goes ''...until the evening before the child returns to school''. Which is Sunday, January 3, 2010. On Sundays visitation time is over at 7:00pm. Does that mean that this year's Christmas break should start on Dec.23 at 7:00pm and be over on January 3 at 7:00p? Am I correct? Thank you for your time!


Asked on 1/07/09, 3:03 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: please help to clarify the visitation schedule

Christmas school break begins when the child gets out of school. This means that the non-custodial parent is entitled to get the child as early as the afternoon when the child is released from school for the Christmas school break. The break ends, for parent-time purposes, at 7:00 p.m. the night before the child returns to school.

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Answered on 1/07/09, 6:26 pm


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