Summer is almost here, hopefully you have already been thinking about your summer parent time and have been communicating with your ex spouse regarding this issue. If not, don’t wait any longer. If you have been awarded summer parent time as part of a divorce or custody decree, you should already have your specific days and times all set out and planned. The standard parent time statute (Utah Code Ann. 30-3-35) involving children 5 years old and over currently states this about summer parent time:
“(k) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days prior to the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.”
Most importantly you should have noticed reading through the cited statute above the requirement for each parent to provide the other with 30 days notice of their intended summer parent time. Many parents fail to provide this kind of notice which then sets off a string of contention and potential litigation. We recommend sending notice in writing well in advance of the 30 days required. Both parents should be accommodating. Every now and again we see problems where both parents want the same 2 week stretch for a summer vacation. Try and work problems like this out before seeking legal counsel, but, if the other parent is just not willing to work with you, give us a call for help.