Navigating parenting time during and after a divorce can be a complex process, especially when young children are involved. In Utah, specific guidelines are set out under Utah Statute 30-3-35.5 to ensure that children under the age of five have a stable environment while also maintaining a meaningful relationship with both parents.
This statute provides guidelines for the following age ranges:
- Infants under five (5) months old
- Infants five (5) to nine (9) months old
- Infants nine (9) to twelve (12) months old
- Children twelve (12) to eighteen (18) months old
- Children eighteen (18) months to three (3) years old
- Children three (3) to five (5) years old
In addition to the parenting time each parent is entitled to, this statute also provides telephone and virtual parenting time starting at eighteen months. Furthermore, it outlines where and when parenting time should occur and what changes can be made to accommodate Mother's Day, Father's Day, the child's birthday, and other holidays.
When Are the Minimum Guidelines Used?
These guidelines serve as a default framework to ensure that the child's well-being remains a priority even in contentious situations. By providing a clear structure, the statute helps to avoid prolonged disputes and ensures that the child maintains a balanced and stable relationship with both parents.
In cases where parents agree on a different schedule that better suits their unique circumstances, the courts are generally open to accommodating these agreements as long as they are in the child's best interest.
Consider Negotiation
Working out custody issues for children under five years old can feel overwhelming, particularly when faced with state-mandated minimums that may seem limiting. For example, in Utah, the non-custodial parent of a child under five months is entitled to only three two-hour visits each week.
However, remember that these guidelines are just that - minimums.
As previously mentioned, parents are encouraged to negotiate their own agreements that better meet their family's needs and circumstances. Doing so often leads to more satisfying and flexible arrangements, prioritizing the child's best interests and preserving their relationships with their parents.
Don't Forget: Your Attorney Is Your Ally
Seeking guidance from an attorney can be incredibly advantageous during custody and visitation negotiations. An experienced family law attorney (like ours at Nelson, Taylor & Associates, PLLC} can help you understand your rights and obligations as a parent under Utah law. Our firm has also helped many parents of young children develop parenting plans that facilitate more time with their children.
Tips for negotiating parenting time during a divorce:
- Focus on the child's best interests, including their emotional, educational, and physical well-being.
- Maintain clear and honest communication with the other parent to avoid misunderstandings.
- Be willing to adapt your schedule to accommodate special occasions, emergencies, and holidays.
- Emotions can run high during divorce proceedings; staying calm helps facilitate amicable agreements.
- Acknowledge and respect the other parent's time with your child to foster mutual respect.
- Outline all expectations, schedules, and responsibilities to avoid future conflicts.
By working together and with professional guidance, parents can often create a customized arrangement that provides a more balanced and nurturing environment for their child, exceeding the state's minimum requirements.
We understand that the thought of losing time with your child is upsetting and overwhelming. Parenting post-divorce is often a challenge, but this does not mean your relationship with your child has to be diminished.
Contact our firm online to schedule a consultation with one of our family law attorneys.
