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7
63G-1-301
81-9-302
81-9-303
81-9-304
0
Juneteenth Observance Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sandra Hollins
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill modifies the day on which Juneteenth National Freedom Day is recognized in
Utah.
Highlighted Provisions:
This bill:
provides that Juneteenth National Freedom Day will be recognized in Utah on the same
day as the holiday is recognized by the federal government; and
amends parent-time schedules in relation to Juneteenth National Freedom Day.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63G-1-301
, as repealed and reenacted by Laws of Utah 2025, Chapter 448
81-9-302
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-303
, as last amended by Laws of Utah 2025, Chapter 426
81-9-304
, as renumbered and amended by Laws of Utah 2024, Chapter 366
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63G-1-301
is amended to read:
63G-1-301
. Legal holidays -- Personal preference day -- Governor authorized to
declare additional legal holidays.
(1)
The following days are legal holidays in Utah:
(a)
except as provided in Subsection
(2)(a) or (b)
(2)
:
(i)
January 1, New Year's Day;
(ii)
June 19, Juneteenth National Freedom Day;
(ii)
(iii)
July 4, Independence Day;
(iii)
(iv)
July 24, Pioneer Day;
(iv)
(v)
November 11, Veterans Day;
(v)
(vi)
December 25, Christmas; and
(vi)
(vii)
a day designated by proclamation issued by the president of the United
States or the governor as a day of fasting or thanksgiving;
(b)
(i)
the first Sunday after the first full moon that occurs on or after the spring
equinox, Easter Sunday;
(ii)
the third Monday of January, Dr. Martin Luther King, Jr. Day;
(iii)
the third Monday of February, Washington and Lincoln Day;
(iv)
the last Monday of May, Memorial Day;
(v)
the first Monday of September, Labor Day;
(vi)
the second Monday of October, Columbus Day;
and
(vii)
the fourth Thursday of November, Thanksgiving Day; and
(viii)
except as provided in Subsection
(2)(c)
or
(d)
, June 19, Juneteenth National
Freedom Day; and
(c)
except as provided in Subsection
(3)
, every Sunday.
(2)
(a)
If a day described in Subsection
(1)(a)
falls on a Saturday, the preceding Friday is
the legal holiday.
(b)
If a day described in Subsection
(1)(a)
falls on a Sunday, the following Monday is
the legal holiday.
(c)
If June 19 falls on a Tuesday, Wednesday, Thursday, or Friday, the preceding
Monday is the legal holiday.
(d)
If June 19 falls on Saturday or Sunday, the following Monday is the legal holiday.
(3)
For purposes of Utah Constitution, Article VI, Section 16, Subsection
(1)
, regarding the
exclusion of state holidays from the 45-day legislative general session, Sunday is not
considered a state holiday.
(4)
Each employee may select one additional day, called Personal Preference Day, to be
scheduled in accordance with rules made, in accordance with Title
63G, Chapter 3
, Utah
Administrative Rulemaking Act, by the Division of Human Resource Management,
which the employee may use to observe a state holy day, as described in Section
63G-1-1101
, or any other day the employee chooses to recognize.
(5)
(a)
If, in the governor's opinion, extraordinary conditions exist justifying the action,
the governor may:
(i)
declare, by proclamation, legal holidays in addition to those legal holidays
described in Subsections
(1)
and
(2)
; or
(ii)
limit the legal holidays described in Subsection
(5)(a)(i)
to certain classes of
business and activities to be designated by the governor.
(b)
Except as provided in Subsection
(5)(c)
, a legal holiday described in Subsection
(5)(a)
may not extend for a longer period than 60 consecutive days.
(c)
The governor may, by proclamation:
(i)
renew a legal holiday described in Subsection
(5)(a)
for one or more periods not
exceeding 30 days each as the governor determines necessary; or
(ii)
terminate a legal holiday described under Subsection
(5)(a)
or
(b)
earlier than the
time period described in a preceding proclamation.
Section 2. Section
81-9-302
is amended to read:
81-9-302
. Minimum schedule for parent-time for a minor child five to 18 years
old.
(1)
The parent-time schedule in this section applies to a minor child who is five to 18 years
old.
(2)
If the parties do not agree to a parent-time schedule for a minor child described in
Subsection
(1)
, the following schedule is considered the minimum parent-time to which
the noncustodial parent is entitled to the minor child:
(a)
(i)
one weekday evening to be specified by the noncustodial parent or the court or
Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30
p.m.; or
(ii)
at the election of the noncustodial parent, one weekday to be specified by the
noncustodial parent or the court:
(A)
beginning at the time that the minor child's school is regularly dismissed and
ending at 8:30 p.m.; or
(B)
if school is not in session, the noncustodial parent is available to be with the
minor child, and in accommodation with the custodial parent's work schedule,
beginning at 9 a.m. and ending at 8:30 p.m.;
(b)
(i)
beginning on the first weekend after entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
(ii)
at the election of the noncustodial parent and beginning on the first weekend after
the entry of the decree, alternating weekends:
(A)
beginning at the time that the minor child's school is regularly dismissed on
Friday and ending on Sunday at 7 p.m.; or
(B)
if school is not in session, the noncustodial parent is available to be with the
minor child, and in accommodation with the custodial parent's work schedule,
beginning on Friday at 9 a.m. and ending on Sunday at 7 p.m.;
(c)
each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection
(12)
; and
(d)
extended parent-time with the minor child when school is not in session for summer
break in accordance with Subsection
(3)
.
(3)
(a)
For extended parent-time with the minor child under Subsection
(2)(d)
and at the
election of the noncustodial parent, the noncustodial parent is entitled up to four
weeks of parent-time with the minor child, which may be consecutive, when school is
not in session for summer break.
(b)
For the four weeks of extended parent-time for a noncustodial parent under
Subsection
(3)(a)
:
(i)
two weeks, which may be consecutive, shall be uninterrupted parent-time for the
noncustodial parent; and
(ii)
two weeks, which may be consecutive, may be interrupted by the custodial parent
for a weekday visit on the same day on which the noncustodial parent is granted
weekday day parent-time.
(c)
A custodial parent is entitled to uninterrupted parent-time with the minor child for
two weeks, which may be consecutive, when school is not in session for summer
break.
(4)
(a)
Each parent shall provide notification to the other parent of the parent's plans for
the exercise of extended parent-time for summer break under Subsection
(3)
.
(b)
For the notification requirement under Subsection
(4)(a)
:
(i)
in odd-numbered years:
(A)
the noncustodial parent shall provide notice to the custodial parent by May 1;
and
(B)
the custodial parent shall provide notice to the noncustodial parent by May 15;
and
(ii)
in even-numbered years:
(A)
the custodial parent shall provide notice to the noncustodial parent by May 1;
and
(B)
the noncustodial parent shall provide notice to the custodial parent by May 15.
(c)
(i)
If a parent fails to provide a notification within the time periods described in
Subsection
(4)(b)
, the complying parent may determine the schedule for summer
break for the noncomplying parent.
(ii)
If both parents fail to provide notice within the time periods described in
Subsection
(4)(b)
, the first parent to provide notice may determine the schedule
for summer break for the other parent.
(d)
If a custodial parent intends to interrupt a noncustodial parent's parent-time under
Subsection
(3)(b)(ii)
, the custodial parent shall provide notification to the
noncustodial parent of the intent to interrupt parent-time within 10 days after the day
on which the custodial parent receives notification of the noncustodial parent's plans
for the exercise of interrupted extended parent-time.
(5)
(a)
An election should be made by the noncustodial parent at the time of entry of the
divorce decree or court order, except that the election may be changed by mutual
agreement, court order, or by the noncustodial parent in the event of a change in the
minor child's schedule.
(b)
An election by either parent concerning parent-time shall be made a part of the
decree and made a part of the parent-time order.
(6)
(a)
Changes may not be made to the parent-time schedule under this section, except
that if a conflict arises in the parent-time schedule, the following order of precedence
shall be applied when determining which parent is entitled to parent-time:
(i)
the holiday schedule for Mother's Day or Father's Day under Subsection
(12)
;
(ii)
the holiday schedule for the minor child's birthday, unless a parent is exercising
uninterrupted extended parent-time under Subsection
(3)
and takes the minor child
away from that parent's residence during the uninterrupted extended parent-time;
(iii)
the holiday schedule for any holiday under Subsection
(12)
that is not Father's
Day, Mother's Day, or the minor child's birthday;
(iv)
extended parent-time under Subsection
(3)
; and
(v)
the schedule for weekday or weekend parent-time.
(b)
A parent exercising parent-time for the minor child's birthday may bring other
siblings along for the minor child's birthday.
(7)
A stepparent, grandparent, or other responsible adult designated by the noncustodial
parent, may pick up the minor child for parent-time if the custodial parent is aware of
the identity of the individual and the noncustodial parent will be with the minor child by
7 p.m.
(8)
If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
shall be responsible for the minor child's attendance at school for that school day.
(9)
If there is more than one minor child and the minor children's school schedules vary for
purpose of a holiday, at the option of the parent exercising the holiday or the parent's
half of the holiday, the minor children may remain together for the holiday period
beginning the first evening that all minor children's schools are dismissed for the holiday
and ending the evening before any minor child returns to school.
(10)
(a)
Telephone contact shall be at reasonable hours and for a reasonable duration.
(b)
(i)
Virtual parent-time, if the equipment is reasonably available and the parents
reside at least 100 miles apart, shall be at reasonable hours and for reasonable
duration.
(ii)
If the parties cannot agree on whether the equipment is reasonably available, the
court shall decide whether the equipment for virtual parent-time is reasonably
available, taking into consideration:
(A)
the best interests of the minor child;
(B)
each parent's ability to handle any additional expenses for virtual parent-time;
and
(C)
any other factors the court considers material.
(c)
Virtual parent-time supplements, but does not replace, in-person parent-time.
(11)
If there is a minor child five to 18 years old and a minor child under five years old and
both minor children are the children of the parties, the parents and the court should
consider an upward deviation for parent-time with all the minor children so that
parent-time is uniform based on a schedule under this section.
(12)
The following table is the holiday schedule for parent-time under this section.
Holiday
Holiday Time Period
Years Noncustodial Parent is Granted Holiday
Years Custodial Parent is Granted Holiday
Dr. Martin Luther King Jr. Day
(1) Holiday begins Friday at:(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on Dr. Martin Luther King Jr. Day.
Odd years
Even years
President's Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Even years
Odd years
Spring Break
(1) Holiday begins at 6 p.m. on the day that school dismisses for spring break.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Odd years
Even years
Memorial Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on Memorial Day.
Even years
Odd years
Mother's Day
(1) Holiday begins on Mother's Day at 9 a.m.
(2) Holiday ends on Mother's Day at 7 p.m.
All years if noncustodial parent is the mother or other parent granted the holiday in the order.
All years if custodial parent is the mother or other parent granted the holiday in the order.
Father's Day
(1) Holiday begins on Father's Day at 9 a.m.
(2) Holiday ends on Father's Day at 7 p.m.
All years if noncustodial parent is the father or other parent granted the holiday in the order.
All years if custodial parent is the father or other parent granted the holiday in the order.
Juneteenth National Freedom Day
(1) Holiday begins at:
(a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or
(b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day.
(2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day.
(1) Holiday begins on June 18th at 7 p.m. and ends on June 20th at 7 p.m., if Father's Day is on a day other than June 19th or June 20th.
(2) Holiday begins on June 18th at 7 p.m. and ends on June 20th at 9 a.m., if Father's Day is on June 20th.
(3) Holiday begins on June 19th at 7 p.m. and ends on June 20th at 7 p.m., if Father's Day is on June 19th.
Even years
Odd years
Independence Day
(1) Holiday begins on July 3rd at 6 p.m.
(2) Holiday ends on July 5th at 6 p.m.
Odd years
Even years
Pioneer Day
(1) Holiday begins on July 23rd at 6 p.m.
(2) Holiday ends on July 25th at 6 p.m.
Even years
Odd years
Labor Day
(1) Holiday begins on Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on Labor Day.
Odd years
Even years
Columbus Day
(1) Holiday begins at 6 p.m. on the day before Columbus Day.
(2) Holiday ends at 7 p.m. on Columbus Day.
Even years
Odd years
Fall Break
(1) Holiday begins at 6 p.m. on the day school is dismissed for fall break.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Odd years
Even years
Halloween
(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:
(a) at the time that school is dismissed; or
(b) at 4 p.m. if there is no school.
(2) Holiday ends at 9 p.m. on the same day the holiday begins.
Even years
Odd years
Veterans Day
(1) Holiday begins at 6 p.m. on the day before Veterans Day.
(2) Holiday ends at 7 p.m. on Veterans Day.
Odd years
Even years
Thanksgiving
(1) Holiday begins on Wednesday at:
(a) 6 p.m.; or
(b) the time school is regularly dismissed for Thanksgiving at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Even years
Odd years
Winter Break (First Half)
(1) Holiday begins at:
(a) 6 p.m. on the day on that school dismisses for winter break; or
(b) the time school is regularly dismissed on the day that school dismisses for winter break at the election of the parent granted the holiday.
(2) Holiday ends on December 27th at 7 p.m.
Odd years
Even years
Winter Break (Second Half)
(1) Holiday begins on December 27th at 7 p.m.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Even years
Odd years
Day of Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even years
Odd years
Day Before or After Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Odd years
Even years
Section 3. Section
81-9-303
is amended to read:
81-9-303
. Optional schedule for parent-time for a minor child five to 18 years
old.
(1)
(a)
The optional parent-time schedule in this section applies to a minor child who is
five to 18 years old.
(b)
For purposes of calculating child support, the optional parent-time schedule in this
section is 145 overnights.
(c)
Any impact on child support shall be consistent with joint physical custody.
(2)
The parents and the court may consider the increased parent-time schedule in this
section as a minimum parent-time schedule when the parties agree or the noncustodial
parent can demonstrate:
(a)
the noncustodial parent has been actively involved in the minor child's life;
(b)
the parties can communicate effectively regarding the minor child or the
noncustodial parent has a plan to accomplish effective communications regarding the
minor child;
(c)
the noncustodial parent has the ability to facilitate the increased parent-time;
(d)
the increased parent-time would be in the best interest of the minor child; and
(e)
any other factor the court considers relevant.
(3)
In determining whether a noncustodial parent has been actively involved in the minor
child's life, the court shall consider:
(a)
demonstrated responsibility in caring for the minor child;
(b)
involvement in childcare;
(c)
presence or volunteer efforts in the minor child's school and at extracurricular
activities;
(d)
assistance with the minor child's homework;
(e)
involvement in preparation of meals, bath time, and bedtime for the minor child;
(f)
bonding with the minor child; and
(g)
any other factor the court considers relevant.
(4)
In determining whether a noncustodial parent has the ability to facilitate the increased
parent-time, the court shall consider:
(a)
the geographic distance between the residences of the parents and the distance
between the parents' residences and the minor child's school;
(b)
the noncustodial parent's ability to assist with after school care;
(c)
the health of the minor child and the noncustodial parent in accordance with
Subsection
81-9-204(4)
;
(d)
flexibility of employment or another schedule of the noncustodial parent;
(e)
ability to provide appropriate playtime with the minor child;
(f)
history and ability of the noncustodial parent to implement a flexible schedule for the
minor child;
(g)
physical facilities of the noncustodial parent's residence; and
(h)
any other factor the court considers relevant.
(5)
If the parties agree or the court enters an order for the optional parent-time schedule
under this section, a parenting plan in compliance with Section
81-9-203
shall be filed
with any order incorporating the optional parent-time schedule described in Subsection
(6)
.
(6)
The following schedule is considered the optional parent-time to which the noncustodial
parent is entitled to the minor child:
(a)
(i)
one weekday evening to be specified by the noncustodial parent or the court or
Wednesday evening if not specified, beginning at 5:30 p.m. and ending the
following day upon delivering the minor child to school or at 8 a.m. if there is no
school; or
(ii)
at the election of the noncustodial parent, one weekday specified by the
noncustodial parent or the court:
(A)
beginning at the time the minor child's school is regularly dismissed until the
following day upon delivering the minor child to school or at 8 a.m. if there is
no school; or
(B)
if there is no school, the noncustodial parent is available to be with the minor
child, and in accommodation with the custodial parent's work schedule,
beginning at 8 a.m. and ending on the following day upon delivering the minor
child to school or at 8 a.m. if there is no school;
(b)
(i)
beginning the first weekend after the entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending on Monday upon delivering the minor
child to school or at 8 a.m. if there is no school; or
(ii)
at the election of the noncustodial parent, beginning the first weekend after the
entry of the decree, alternating weekends:
(A)
beginning at the time the minor child's school is regularly dismissed on Friday
and ending on Monday upon delivering the minor child to school or at 8 a.m. if
there is no school; or
(B)
if there is no school, the noncustodial parent is available to be with the minor
child, and in accommodation with the custodial parent's work schedule,
beginning on Friday at 9 a.m. and ending on Monday upon delivering the
minor child to school or at 8 a.m. if there is no school;
(c)
each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection
(15)
; and
(d)
extended parent-time with the minor child when school is not in session for summer
break in accordance with Subsection
(7)
.
(7)
(a)
For extended parent-time with the minor child under Subsection
(6)(d)
and at the
election of the noncustodial parent, the noncustodial parent is entitled up to four
weeks of parent-time with the minor child, which may be consecutive, when school is
not in session for summer break.
(b)
For the four weeks of extended parent-time for a noncustodial parent under
Subsection
(7)(a)
:
(i)
two weeks, which may be consecutive, shall be uninterrupted parent-time for the
noncustodial parent; and
(ii)
two weeks, which may be consecutive, may be interrupted by the custodial parent
for a weekday visit on the same day on which the noncustodial parent is granted
weekday day parent-time.
(c)
A custodial parent is entitled to uninterrupted parent-time with the minor child for
two weeks, which may be consecutive, when school is not in session for summer
break.
(8)
(a)
Each parent shall provide notification to the other parent of the parent's plans for
the exercise of parent-time for summer break under Subsection
(7)
.
(b)
For the notification requirement under Subsection
(8)(a)
:
(i)
in odd-numbered years:
(A)
the noncustodial parent shall provide notice to the custodial parent by May 1;
and
(B)
the custodial parent shall provide notice to the noncustodial parent by May 15;
and
(ii)
in even-numbered years:
(A)
the custodial parent shall provide notice to the noncustodial parent by May 1;
and
(B)
the noncustodial parent shall provide notice to the custodial parent by May 15.
(c)
(i)
If a parent fails to provide a notification within the time periods described in
Subsection
(8)(b)
, the complying parent may determine the schedule for summer
break for the noncomplying parent.
(ii)
If both parents fail to provide notice within the time periods described in
Subsection
(8)(b)
, the first parent to provide notice may determine the schedule
for summer break for the other parent.
(d)
If a custodial parent intends to interrupt a noncustodial parent's parent-time under
Subsection
(7)(b)(ii)
, the custodial parent shall provide notification to the
noncustodial parent of the intent to interrupt parent-time within 10 days after the day
on which the custodial parent receives notification of the noncustodial parent's plans
for the exercise of interrupted extended parent-time.
(9)
(a)
An election should be made by the noncustodial parent at the time of entry of the
divorce decree or court order, except that the election may be changed by mutual
agreement, court order, or by the noncustodial parent in the event of a change in the
minor child's schedule.
(b)
An election by either parent concerning parent-time shall be made a part of the
decree and made a part of the parent-time order.
(10)
(a)
Changes may not be made to the parent-time schedule under this section, except
that if a conflict arises in the parent-time schedule, the following order of precedence
shall be applied when determining which parent is entitled to parent-time:
(i)
the holiday schedule for Mother's Day or Father's Day under Subsection
(15)
;
(ii)
the holiday schedule for the minor child's birthday, unless a parent is exercising
uninterrupted extended parent-time under Subsection
(7)
and takes the minor child
away from that parent's residence during the uninterrupted extended parent-time;
(iii)
the holiday schedule for any holiday under Subsection
(15)
that is not Father's
Day, Mother's Day, or the minor child's birthday;
(iv)
extended parent-time under Subsection
(7)
; and
(v)
the schedule for weekday or weekend parent-time.
(b)
A parent exercising parent-time for the minor child's birthday may bring other
siblings along for the minor child's birthday.
(11)
A stepparent, grandparent, or other responsible adult designated by the noncustodial
parent, may pick up the minor child for parent-time if the custodial parent is aware of
the identity of the individual and the noncustodial parent will be with the minor child by
7 p.m.
(12)
If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
shall be responsible for the minor child's attendance at school for that school day.
(13)
If there is more than one minor child and the minor children's school schedules vary
for purpose of a holiday, at the option of the parent exercising the holiday or the parent's
half of the holiday, the minor children may remain together for the holiday period
beginning the first evening that all minor children's schools are dismissed for the holiday
and ending the evening before any minor child returns to school.
(14)
If there is a minor child five to 18 years old and a minor child under five years old and
both minor children are the children of the parties, the parents and the court should
consider an upward deviation for parent-time with all the minor children so that
parent-time is uniform based on a schedule under this section.
(15)
The following table is the holiday schedule for parent-time under this section.
Holiday
Holiday Time Period
Years Noncustodial Parent is Granted Holiday
Years Custodial Parent is Granted Holiday
Dr. Martin Luther King Jr. Day
(1) Holiday begins Friday at:(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering of the minor child to school on the day following Dr. Martin Luther King Jr. Day; or
(b) at 8 a.m. on the day following Dr. Martin Luther King Jr. Day if there is no school.
Odd years
Even years
President's Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following President's Day; or
(b) at 8 a.m. on the day following President's Day if there is no school.
Even years
Odd years
Spring Break
(1) Holiday begins at 6 p.m. on the day that school dismisses for spring break.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following the end of spring break; or
(b) at 8 a.m. on the day following the end of spring break if there is no school.
Odd years
Even years
Memorial Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following Memorial Day; or
(b) at 8 a.m. on the day following Memorial Day if there is no school.
Even years
Odd years
Mother's Day
(1) Holiday begins on Mother's Day at 9 a.m.
(2) Holiday ends on Mother's Day at 7 p.m.
All years if noncustodial parent is the mother or other parent designated in the order.
All years if custodial parent is the mother or other parent designated in the order.
Father's Day
(1) Holiday begins on Father's Day at 9 a.m.
(2) Holiday ends on Father's Day at 7 p.m.
All years if noncustodial parent is the father or other parent designated in the order.
All years if custodial parent is the father or other parent designated in the order.
Juneteenth National Freedom Day
(1) Holiday begins at:
(a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or
(b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day.
(2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day.
(1) Holiday begins on June 18th at 7 p.m. and ends on June 20th at 7 p.m., if Father's Day is on a day other than June 19th or June 20th.
(2) Holiday begins on June 18th at 7 p.m. and ends on June 20th at 9 a.m., if Father's Day is on June 20th.
(3) Holiday begins on June 19th at 7 p.m. and ends on June 20th at 7 p.m., if Father's Day is on June 19th.
Even years
Odd years
Independence Day
(1) Holiday begins on July 3rd at 6 p.m.
(2) Holiday ends on July 5th at 6 p.m.
Odd years
Even years
Pioneer Day
(1) Holiday begins on July 23rd at 6 p.m.
(2) Holiday ends on July 25th at 6 p.m.
Even years
Odd years
Labor Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following Labor Day; or
(b) at 8 a.m. on the day following Labor Day if there is no school.
Odd years
Even years
Columbus Day
(1) Holiday begins at 6 p.m. on the day before Columbus Day.
(2) Holiday ends at 7 p.m. on Columbus Day.
Even years
Odd years
Fall Break
(1) Holiday begins at 6 p.m. on the day school is dismissed for fall break.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following the end of fall break; or
(b) at 8 a.m. on the day following the end of fall break if there is no school.
Odd years
Even years
Halloween
(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:
(a) at the time that school is dismissed; or
(b) at 4 p.m. if there is no school.
(2) Holiday ends at 9 p.m. on the same day the holiday begins.
Even years
Odd years
Veterans Day
(1) Holiday begins at 6 p.m. on the day before Veterans Day.
(2) Holiday ends at 7 p.m. on Veterans Day.
Odd years
Even years
Thanksgiving
(1) Holiday begins on Wednesday at:
(a) 6 p.m.; or
(b) the time school is regularly dismissed for Thanksgiving at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the Monday following Thanksgiving; or
(b) at 8 a.m. on the Monday following Thanksgiving if there is no school.
Even years
Odd years
Winter Break (First Half)
(1) Holiday begins at:
(a) 6 p.m. on the day that school dismisses for winter break; or
(b) the time school is regularly dismissed on the day that school dismisses for winter break at the election of the parent granted the holiday.
(2) Holiday ends on December 27th at 7 p.m.
Odd years
Even years
Winter Break (Second Half)
(1) Holiday begins on December 27th at 7 p.m.
(2) Holiday ends upon delivering the minor child to school on the day that school resumes after the winter break.
Even years
Odd years
Day of Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even years
Odd years
Day Before or After Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Odd years
Even years
Section 4. Section
81-9-304
is amended to read:
81-9-304
. Minimum schedule for parent-time for a minor child under five years
old.
(1)
The parent-time schedule in this section applies to a minor child who is younger than
five years old.
(2)
If the parties do not agree to a parent-time schedule, the schedules in Subsections
(3)
through
(8)
are considered the minimum parent-time to which the noncustodial parent is
entitled to the minor child.
(3)
For a minor child who is younger than five months old, the noncustodial parent is
entitled to:
(a)
three two-hour visits every week; and
(b)
two hours for each holiday granted to the noncustodial parent in the holiday schedule
under Subsection
(15)
.
(4)
For a minor child who is at least five months old but younger than nine months old, the
noncustodial parent is entitled to:
(a)
three three-hour visits every week; and
(b)
two hours for each holiday granted to the noncustodial parent in the holiday schedule
under Subsection
(15)
.
(5)
For a minor child who is at least nine months old but younger than 12 months old, the
noncustodial parent is entitled to:
(a)
one eight-hour visit every week;
(b)
one three-hour visit every week; and
(c)
eight hours for each holiday granted to the noncustodial parent in accordance with
the holiday schedule under Subsection
(15)
.
(6)
For a minor child who is at least 12 months old but younger than 18 months old, the
noncustodial parent is entitled to:
(a)
one three-hour visit every week;
(b)
one eight-hour visit on alternating weekends to be specified by the noncustodial
parent or court;
(c)
an overnight visit on opposite weekends from Subsection
(6)(b)
beginning at 6 p.m.
on Friday and ending at noon on Saturday; and
(d)
eight hours for each holiday granted to the noncustodial parent in the holiday
schedule under Subsection
(15)
.
(7)
For a minor child who is at least 18 months old but younger than three years old, the
noncustodial parent is entitled to:
(a)
one weekday evening to be specified by the noncustodial parent or the court:
(i)
beginning at 5:30 p.m. and ending at 8:30 p.m.; or
(ii)
if the minor child is being cared for during the day outside the minor child's
regular place of residence and with advance notice to the custodial parent,
beginning at the time that the minor child is picked up from the caregiver and
ending at 8:30 p.m.;
(b)
beginning on the first weekend after the entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
(c)
each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection
(15)
; and
(d)
extended parent-time for two one-week periods, separated by at least four weeks, at
the option of the noncustodial parent, as follows:
(i)
one week of uninterrupted parent-time for the noncustodial parent; and
(ii)
one week of interrupted parent-time where the custodial parent may have an equal
amount of weekday parent-time as the noncustodial parent on the same day on
which the noncustodial parent is granted weekday parent-time under Subsection
(7)(a)
.
(8)
For a minor child who is at least three years old but younger than five years old, the
noncustodial parent is entitled to:
(a)
one weekday evening to be specified by the noncustodial parent or the court:
(i)
beginning at 5:30 p.m. and ending at 8:30 p.m.; or
(ii)
if the minor child is being cared for during the day outside the minor child's
regular place of residence and with advance notice to the custodial parent,
beginning at the time that the minor child is picked up from the caregiver and
ending at 8:30 p.m.;
(b)
beginning on the first weekend after the entry of the decree, alternating weekends
beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
(c)
each holiday granted to the noncustodial parent in accordance with the holiday
schedule described in Subsection
(15)
; and
(d)
extended parent-time for two two-week periods, separated by at least four weeks, at
the option of the noncustodial parent, as follows:
(i)
two weeks of uninterrupted parent-time, which may be consecutive, for the
noncustodial parent; and
(ii)
two weeks of interrupted parent-time, which may be consecutive, where the
custodial parent may have an equal amount of weekday parent-time as the
noncustodial parent on the same day on which the noncustodial parent is granted
weekday parent-time under Subsection
(8)(a)
.
(9)
For a minor child who is at least 18 months old but younger than five years old, the
custodial parent is entitled to one week of uninterrupted extended parent-time.
(10)
(a)
For a minor child who is nine months old or older, the noncustodial parent shall
have at least two times a week:
(i)
brief telephone contact at reasonable hours and for a reasonable duration; and
(ii)
virtual parent-time, if the equipment is reasonably available and the parents reside
at least 100 miles apart, at reasonable hours and for reasonable duration.
(b)
If the parties cannot agree on whether the equipment is reasonably available, the
court shall decide whether the equipment for virtual parent-time is reasonably
available, taking into consideration:
(i)
the best interests of the minor child;
(ii)
each parent's ability to handle any additional expenses for virtual parent-time; and
(iii)
any other factors the court considers material.
(c)
Virtual parent-time supplements, but does not replace, in-person parent-time.
(11)
For a minor child who is younger than nine months old, unless the parents agree
otherwise, parent-time should take place in the home of the custodial parent, an
established child-care setting, or other environment familiar to the minor child.
(12)
(a)
Changes may not be made to the parent-time schedule under this section, except
that if a conflict arises in the parent-time schedule, the following order of precedence
shall be applied when determining which parent is entitled to parent-time:
(i)
the holiday schedule for Mother's Day or Father's Day under Subsection
(15)
;
(ii)
the holiday schedule for the minor child's birthday, unless a parent is exercising
uninterrupted extended parent-time under Subsection
(7)(d)
,
(8)(d)
, or
(9)
and
takes the minor child away from that parent's residence during the uninterrupted
extended parent-time;
(iii)
the holiday schedule for any holiday under Subsection
(15)
that is not Father's
Day, Mother's Day, or the minor child's birthday;
(iv)
extended parent-time under Subsection
(7)(d)
,
(8)(d
), or
(9)
; and
(v)
the schedule for weekday or weekend parent-time.
(b)
A parent exercising parent-time for the minor child's birthday may bring other
siblings along for the minor child's birthday.
(13)
If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
shall be responsible for the minor child's attendance at school for that school day.
(14)
A parent shall notify the other parent at least 30 days in advance of the parent's plans
for the exercise of extended parent-time under Subsection
(7)(d)
,
(8)(d)
, or
(9)
.
(15)
The following table is the holiday schedule for parent-time under this section.
Holiday
Holiday Time Period
Years Noncustodial Parent is Granted Holiday
Years Custodial Parent is Granted Holiday
Dr. Martin Luther King Jr. Day
(1) Holiday begins on Friday at:(a) 9 a.m. if the parent is available to be with the minor child; or
(b) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on Dr. Martin Luther King Jr. Day.
Odd years
Even years
President's Day
(1) Holiday begins on Friday at:
(a) 9 a.m. if the parent is available to be with the minor child; or
(b) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on President's Day.
Even years
Odd years
Spring Break
(1) Holiday begins at 6 p.m. on the day that school dismisses for spring break.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Odd years
Even years
Memorial Day
(1) Holiday begins on Friday at:
(a) 9 a.m. if the parent is available to be with the minor child; or
(b) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on Memorial Day.
Even years
Odd years
Mother's Day
(1) Holiday begins on Mother's Day at 9 a.m.
(2) Holiday ends on Mother's Day at 7 p.m.
All years if noncustodial parent is the mother or other parent designated in the order.
All years if custodial parent is the mother or other parent designated in the order.
Father's Day
(1) Holiday begins on Father's Day at 9 a.m.
(2) Holiday ends on Father's Day at 7 p.m.
All years if noncustodial parent is the father or other parent designated in the order.
All years if custodial parent is the father or other parent designated in the order.
Juneteenth National Freedom Day
(1) Holiday begins at:
(a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or
(b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day.
(2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day.
(1) Holiday begins on June 18th at 7 p.m. and ends on June 20th at 7 p.m., if Father's Day is on a day other than June 19th or June 20th.
(2) Holiday begins on June 18th at 7 p.m. and ends on June 20th at 9 a.m., if Father's Day is on June 20th.
(3) Holiday begins on June 19th at 7
p.m. and ends on June 20th at 7 p.m., if Father's Day is on June 19th.
Even years
Odd years
Independence Day
(1) Holiday begins on July 3rd at 6 p.m.
(2) Holiday ends on July 5th at 6 p.m.
Odd years
Even years
Pioneer Day
(1) Holiday begins on July 23rd at 6 p.m.
(2) Holiday ends on July 25th at 6 p.m.
Even years
Odd years
Labor Day
(1) Holiday begins on Friday at:
(a) 9 a.m. if the parent is available to be with the minor child; or
(b) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends at 7 p.m. on Labor Day.
Odd years
Even years
Columbus Day
(1) Holiday begins at 6 p.m. on the day before Columbus Day.
(2) Holiday ends at 7 p.m. on Columbus Day.
Even years
Odd years
Fall Break
(1) Holiday begins at 6 p.m. on the day school is dismissed for fall break.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Odd years
Even years
Halloween
(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:
(a) at the time that school is dismissed; or
(b) at 4 p.m. if there is no school.
(2) Holiday ends at 9 p.m. on the same day the holiday begins.
Even years
Odd years
Veterans Day
(1) Holiday begins at 6 p.m. on the day before Veterans Day.
(2) Holiday ends at 7 p.m. on Veterans Day.
Odd years
Even years
Thanksgiving
(1) Holiday begins at 6 p.m. on the day that school dismisses for Thanksgiving.
(2) Holiday ends at 7 p.m. on day before school resumes.
Even years
Odd years
Winter Break (First Half)
(1) Holiday begins at 6 p.m. on the day on that school dismisses for winter break.
(2) Holiday ends on December 27th at 7 p.m.
Odd years
Even years
Winter Break (Second Half)
(1) Holiday begins on December 27th at 7 p.m.
(2) Holiday ends at 7 p.m. on the day before school resumes.
Even years
Odd years
Day of Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even years
Odd years
Day Before or After Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Odd years
Even years
Section 5.
Effective Date.
This bill takes effect on
January 1, 2027
.
3-3-26 8:49 AM