Legal Question in Family Law in Utah

Re: Visitation and Day care

The visitation statute is the minimum statute if there is no other agreement. If you were married or if there is a custody order, those terms take priority. The non custodial parent is not required to take the children (although if a non custodial parent does not take advantage of the available time with the children, it might be construed as abandonment.) More importantly, the children need time with both parents to develop into well adjusted adults. Parents who do not take an active role in the lives of their children do a lot of damage to them. If the custodial parent works at any employment, even a second job, the day care costs are split. If she is not working, then she cannot claim day care (unless she is going to school herself.)

Re: Visitation and Day care

You are not "required" to exercise your parent time. The four weeks you refer to is what is called extended parent-time. You may take four weeks of extended parent time each year in addition to the regular visitation. You may have this extended parent time provided you give the required notice. Two of the four weeks are "uninterrupted" time you have with the kids which means the custodial parent doesn't have visitation. During the other two weeks, the custodial parent is entitled to the statutory visitation of alternating weekends and one weeknight from 5:30 to 8:30 p.m. The child care that is required to be shared is all reasonable work related child care. If the custodial parent is not working but is still incurring a child care cost, you would not be required to pay any portion of it.