Legal Question in Family Law in Utah

I'm the non custodial parent. Per decree, I receive holiday parent-time for my child as follows;

"The children�s birthday on the day before or after the actual birth date from 3 p.m. until 9 pm."

Also in decree, "holidays take precedence over the regular parent-time schedule."

Question, do I get to choose which day I take? The day after his birthday is my regular parent-time. The day before is not my parent-time. Does that matter?

My X is trying to prevent me from taking parent-time the day before the actual birth date. She claims my regular parent-time fulfills the decree. She has no problem taking my child during my parent-time on the actual birth date.


Asked on 4/22/13, 10:22 pm

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

You can take the day before his birthday if you would like, even if your regular parent time is the day after. It's YOUR election to make, and not hers. Parent time is not hers to "give" you.

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Answered on 4/23/13, 7:03 am


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