Legal Question in Family Law in Utah
Extended parent time under UT 30-3-35, what is the custodial weekday visit?
I'm the non-custodial parent and we selected Wednesdays as my weekday visit. I have elected my 4 weeks during the summer as provided under UT 30-3-35. My ex is trying to say that on the 2nd two weeks she gets to pick whichever weekday that works for her. I told her that I believe it was the weekday that was already selected for me, which is Wednesday. She said she has to work Wednesday and that she should get to choose whatever day she doesn't work as her weekday. She's also trying to pick a Tuesday on one week as one of the two days and Friday on the following week as the other. I told her even if she is correct and she gets to choose whatever day she wants, Fridays are not an option as they are considered weekends.
Am I interpreting the UT 30-3-35 correctly when I say that she gets the same weekday as I do?
1 Answer from Attorneys
I know you submitted this question about a month ago and so I'm hoping you and your ex have worked things out. However, in response to your question, she would be able to elect a different weekday than you did but you are correct in that it should be the same weekday both weeks and it cannot include Friday, Saturday, or Sunday as those are considered as weekend days and not weekdays for the purpose of determining parent time.