Utah Parent-Time Statutes: § 81-9-302, § 81-9-303, and § 81-9-304 Explained

Utah reorganized its family law code under Title 81, replacing the old Title 30 references that most attorney websites still cite. The parent-time schedules that used to live under § 30-3-35 now sit at § 81-9-302, § 81-9-303, and § 81-9-304 — and the substance changed during recodification too.

Here's what each statute actually says and how the three schedules compare.

§ 81-9-302: The Minimum Standard Schedule (Ages 5-18)

This is the default. When parents can't agree on a parent-time arrangement, the court applies § 81-9-302 as the floor — the minimum amount of time the non-custodial parent receives.

The regular academic schedule provides:

• One weekday evening (Wednesday by default), 5:30 PM to 8:30 PM — no overnight
• Alternating weekends, Friday 5:30 PM to Sunday 8:30 PM

During summer, the non-custodial parent gets up to four weeks total (two of which may be consecutive and uninterrupted). The custodial parent is entitled to two uninterrupted summer weeks of their own.

This schedule produces roughly 86-90 overnights per year for the non-custodial parent — well below the 111-night joint physical custody threshold that changes child support calculations.

§ 81-9-303: The Optional Expanded Schedule (Ages 5-18)

The expanded schedule was designed for parents who live close together and communicate well enough to handle midweek transitions. It calculates to exactly 145 overnights per year — safely above the 111-night threshold.

Key differences from the minimum:

• Wednesday becomes an overnight. The child stays from after school dismissal until school drop-off Thursday morning, eliminating the awkward 5:30-8:30 PM weekday window.
• Weekends extend through Monday morning. Instead of ending Sunday at 8:30 PM, the non-custodial parent keeps the child through Monday school drop-off.

The practical advantage is fewer direct parent-to-parent exchanges. The child transitions through school — picked up from school Friday afternoon, dropped at school Monday morning — so parents who struggle with face-to-face handoffs can avoid them entirely on weekends.

Summer and holiday allocations follow the same structure as § 81-9-302.

§ 81-9-304: Under-5 Progressive Schedule

This is the most detailed of the three statutes. Rather than one fixed schedule, it stratifies parent-time into developmental milestones:

• 0-5 months: Three 2-hour visits per week. No overnights.
• 5-10 months: Three 3-hour visits per week. No overnights.
• 10-18 months: One 8-hour weekend day plus two midweek visits per week. No overnights.
• 18 months-3 years: One overnight per week, one full weekend day, and one midweek visit.
• 3-5 years: Alternating weekends (Friday night through Sunday night) plus one midweek visit.

The rationale is attachment preservation. Infants and toddlers can't maintain a secure bond with a parent over long separations, so the schedule keeps contact frequent but short, gradually increasing as the child's cognitive development allows longer stretches.

Extended summer breaks are severely restricted for children under five — only short, non-consecutive blocks are permitted to prevent attachment disruption.

Which Schedule Should You Request?

The expanded schedule (§ 81-9-303) has significant financial implications. At 145 overnights, child support is calculated using the Joint Physical Custody worksheet, which adjusts the base obligation downward to account for the increased costs the non-custodial parent bears during their additional parenting time. The minimum schedule (§ 81-9-302), at roughly 86-90 overnights, triggers the Sole Physical Custody worksheet.

The difference between the two worksheets can be hundreds of dollars per month depending on combined income. That makes the choice between § 81-9-302 and § 81-9-303 as much a financial decision as a scheduling one.

Courts generally approve the expanded schedule when both parents live in the same school district and demonstrate a pattern of cooperative communication. High-conflict cases are more likely to stay on the minimum standard schedule, where fewer exchanges mean fewer opportunities for confrontation.

For detailed schedule comparisons, overnight counting tools, and help building a parenting plan around any of these statutory frameworks, the Utah Child Custody & Parenting Plan Guide covers each statute with planning worksheets.

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