Christmas Parent-time in 2019

Christmas Parent-time in 2019

In 2019 the noncustodial parent gets the first half of the Christmas school vacation, including Christmas Eve and Christmas Day. It lasts until 1 p.m. on the day halfway through the holiday (if there are an odd number of days) or 7 p.m. (if there are an even number of days) so long as the entire holiday period is equally divided. The custodial parent gets the second half of the school break.

If you have one child Christmas parent-time begins the evening the child is released from school until the evening before the child returns to school. If you have multiple children on different schedules then the kids should remain together for the holiday period beginning the first evening all children’s schools are let out for the holiday and ending the evening before any child returns to school.

Most Utah schools release kids for winter break on December 20 and children return to class January 6. In that case you would exchange the child(ren) December 28 at 1pm. However some schools resume class January 2 in which case you would exchange the child(ren) December 26 at 1pm.

Different rules may apply if you live 150 miles or more apart or have children under age 5. (Under the standard out-of-state schedule the custodial parent gets the winter school break in odd-numbered years like 2019). Also, not every order follows the standard holiday schedule and if your order contains different rules then you should follow the specific rules in your court order. (For example, some parents might agree to exchange their kids on Christmas day itself).

Are you not getting the holiday parent-time you deserve? Give the lawyers at Wiser & Wiser a call today at 855-254-2600.

What time on Dec 20th is the non custodial parent allowed to pick up if there can’t be an agreed upon time with the custodial Parent? Or how late can the custodial parent keep the child that day until they’re in violation?

Generally whenever the child gets released from school on Friday. Utah Code 30-3-35(2)(e) states if a holiday period falls over a weekend then the noncustodial parent may pick up the child as early as when he/she is released from school at the start of the holiday period. If the noncustodial parent cannot do a school pickup then generally pickup time would be the same as for a regular weekend (6pm Friday) unless a court order contains different rules.

The way the statute is worded is confusing and leaves it open for different interpretations. Utah law says the winter break begins “on the evening the child is let out of school”. So that would mean the break starts on Friday evening the 20th. Utah law also says the break ends at 7 pm the night before the kids go back to school. This year they go back on the 2nd so that would mean winter break ends the evening of January 1st. The way I see it, if you count from Friday evening of the 20th, to 7 pm the evening of January 1st, that’s 12 full days, 12 full 24 hour time periods, which is an even number, and the exchange time would be the 26th at 7 pm. Another persons interpretation is all of Friday is counted as the 1st day of the break, even though the kids are in school and Utah law says the break doesn’t officially start until that evening. So counting all of Friday and all of January 1st, it would be an odd number, and exchange would be the 26th at 1 pm. But the way I read it, it seems the break should be counted from Friday evening, resulting in an even number of days. Help!

Leave a Reply

Your email address will not be published. Required fields are marked *