QUESTION
Extended parent time under UT 30-3-35, what is the custodial weekday visit?
Asked on Jun 07th, 2017 on Child Custody - Utah
More details to this question:
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
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David R. Hartwig, Esq.
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You appear to be reading 30-3-35 correctly, assuming that there is not anything else in the custody orders or parenting plan that would contradict. But, do review both the orders and parenting plan to see how issues like this are resolved -- who is the tie-breaker.
It might be a nice gesture to allow her some other evening if she actually does routinely work Wednesdays (though not necessarily the Friday), just to attempt to keep the peace and show that you are the "good guy" if any future dispute arises. And, make sure you document it via email.
If this is just one of many other problems, you might want to look into having a special master appointed.
Answered on Jun 07th, 2017 at 11:30 AM