Columbus Day Causing Headaches in 2018

In even-numbered years (2018), the “Columbus Day” holiday goes to noncustodial parents under the state holiday code.  The Utah Code defines the “Columbus Day” holiday as “beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday.”

Sounds simple right? Not so fast. Another section of the Utah Code states “If a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent shall be entitled to this lengthier holiday period.” Arguably, because the Columbus Day holiday always falls on a Monday then the noncustodial parent would be entitled to the entire holiday weekend from Friday after school to Monday if “the child is free from school and the parent is free from work.” The wrinkle with that is many children have to attend school or parents have to work on Columbus Day itself in which case that section may not apply. The statute is horribly worded and hopefully one day the Legislature will add clarity.