Understanding Utah Family Law Statute 30-3-35.1

In 2015, the Utah State Legislature passed Utah family law statute 30-5-35.1. This statute lays out an optional parenting time schedule as well as criteria for determining a noncustodial parent's involvement in a child's life. Recently, the family courts have tended to favor this statute when determining parent-time schedules.

Because of the court's growing use of this statute, parents need to know how it may impact their child custody case. At Kristopher K. Greenwood & Associates, LC, our lawyers use the latest legal strategies to fight for parents across Utah. Call us at 801-317-8968 to schedule your consultation.

The Specifics Of Statute 30-3-35.1

This statue applies to children age 5 to 18 years old and sets a minimum schedule of 145 overnights for the noncustodial parent per year. The court may increase the parent-time schedule depending on the noncustodial parent's involvement in a child's life. The statue outlines several criteria that the court can use to determine a parent's involvement in a child's life such as participation in extracurricular activities.

When determining if a noncustodial parent can receive more parent-time, the court will weigh many factors, including:

  • The distance between the parents' homes and a child's school
  • A parent's work schedule and flexibility
  • Health of the child and ability for the parent to meet that particular child's specific needs
  • A parent's ability to care for a child after school and that particular parent's work schedule
  • Historical involvement with the child and the degree to which that particular parent has formed a relationship with the child
  • Each parent's involvement with educational and extracurricular activities, and the degree to which the child has relied on that particular parent in the past

It is important to recognize that your custody dispute will be unique. Our dedicated family law attorneys will review the specifics of your case and then use their years of experience to fight for your parental rights.

Talk To A Knowledgeable Attorney Today

Choosing the right attorney will be the most important choice you make in your custody dispute. Our offices in Ogden, Salt Lake City, Park City and Lehi are here to help. Call us at 801-317-8968 to arrange your consultation with an accomplished family law attorney. You can also send us an email with your information.