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Normally all children should have "frequent, meaningful, and continuing access to each parent following separation or divorce." Utah Code Ann. Section 30-3-32(2)(a). In an effort to insure that such access occurs in all divorces, the Utah legislature has published a set of advisory guidelines specifying what should be considered as the minimum visitation the non-custodial parent should have with his or her minor children. See Utah Code Ann. Sections 30-3-33, 30-3-35, and 30-3-35.5. The legislature mandates that the statutory visitation schedule is the visitation that is presumed to be appropriate in all cases and is in the best interest of all children. However, if either parent establishes by a preponderance of the evidence that it would not be in the best interest of the children to implement the legislature's visitation schedule, then the court can order a different schedule. There are actually two different visitation schedules in Utah. One schedule applies to visitation with children ages five (5) through eighteen (18). The other schedule is for visitation with children younger than age five (5). Prior to 1997 Utah did not have any statutory guidelines for visitation with children younger than five (5) years of age. Instead each judge was required to fashion his own visitation schedule for young children. During its 1997 General Session the Utah Legislature enacted Section 30-3-35.5 of the Utah Code. This new statute establishes a recommended visitation schedule for children under five (5) years of age. The 1997 amendments also inexplicably eliminated New Year's Eve and New Year's Day visitation from the recommended schedule for older children and inserted an explicit requirement that telephone contact with children be for a reasonable duration. Minimum Visitation Schedule for Children Age 5 to 18 Years of Age The following is the minimum visitation schedule recommended by the Utah legislature and contained in Utah Code Ann. Section 30-3-35 for children age five (5) through eighteen (18). (1) The visitation schedule in this section applies to children 5 to 18 years of age. (2) If the parties do not agree to a visitation schedule, the following schedule shall be considered the minimum visitation to which the noncustodial parent and the child shall be entitled: (a) one weekday evening to be specified by the noncustodial parent or the court from 5:30 p.m. until 8:30 p.m; (b) alternating weekends beginning on the first weekend after the entry of the decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year; (c) holidays take precedence over the weekend visitation, and changes shall not be made to the regular rotation of the alternating weekend visitation schedule; (d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day; (e) 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; (f) in years ending in an odd number, the noncustodial parent is entitled to the following holidays: (i) child's birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday; (ii) Human Rights Day beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; (iii) Easter holiday beginning at 6 p.m. on Friday until Sunday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (iv) Memorial Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (v) July 24th beginning 6 p.m. on the day before the holiday until 11 p.m. on the holiday; (vi) Veteran's Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; and (vii) the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) plus Christmas Eve and Christmas Day until 1 p.m., so long as the entire holiday is equally divided; (g) in years ending in an even number, the noncustodial parent is entitled to the following holidays: (i) child's birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday; (ii) President's Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday; (iii) July 4th beginning at 6 p.m. the day before the holiday until 11 p.m. on the holiday; (iv) Labor Day beginning at 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (v) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled; (vi) Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday; (vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m; and (viii) the second portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) plus Christmas day beginning at 1 p.m. until 9 p.m., so long as the entire Christmas holiday is equally divided; (h) Father's Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday; (i) Mother's Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m. until 7 p.m. on the holiday; (j) extended visitation with the noncustodial parent may be: (i) up to four weeks consecutive at the option of the noncustodial parent; (ii) two weeks shall be uninterrupted time for the noncustodial parent; and (iii) the remaining two weeks shall be subject to visitation for the custodial parent consistent with these guidelines; (k) the custodial parent shall have an identical two week period of uninterrupted time during the children's summer vacation from school for purposes of vacation; (l) if the child is enrolled in year-round school, the noncustodial parent's extended visitation shall be 1/2 of the vacation time for year-round school breaks, provided the custodial parent has holiday and phone visits; (m) notification of extended visitation or vacation weeks with the child shall be provided at least 30 days in advance to the other parent; and (n) telephone contact shall be at reasonable hours and for reasonable duration. Minimum Visitation Schedule for Children Under Five Years of Age The following is the minimum visitation schedule recommended by the Utah legislature and contained in Utah Code Ann. Section 30-3-35.5 for children under age five (5). (1) The visitation schedule in this section applies to children under five years old. (2) If the parties do not agree to a visitation schedule, the following schedule shall be considered the minimum visitation to which the noncustodial parent and the child shall be entitled:   (a) for children under five months of age: (i) six hours of visitation per week to be specified by the court or the noncustodial parent preferably; (A) divided into three visitation periods; and (B) in the custodial home, established child care setting, or other environment familiar to the child. (ii) two hours on holidays and in the years specified in Subsections 30-3-35(f) through (i) preferably in the custodial home, the established child care setting, or other environment familiar to the child;   (b) for children five months of age or older, but younger than 10 months of age: (i) nine hours of visitation per week to be specified by the court or the noncustodial parent preferably; (A) divided into three visitation periods; and (B) in the custodial home, established child care setting, or other environment familiar to the child. (ii) two hours on the holidays and in the years specified in Subsections 30-3-35(f) through (i) preferably in the custodial home, the established child care setting, or other environment familiar to the child;   (c) for children 10 months of age or older, but younger than 18 months of age: (i) one eight hour visit per week to be specified by the noncustodial parent or court; (ii) one three hour visit per week to be specified by the noncustodial parent or court; (iii) eight hours on the holidays and in the years specified in Subsections 30-3-5(f) through (i); and (iv) brief phone contact with the noncustodial parent at least two times per week; (d) for children 18 months of age or older, but younger than three years of age: (i) one weekday evening for two hours between 5:30 p.m. and 8:30 p.m. to be specified by the noncustodial parent or court; (ii) alternative weekends beginning on the first weekend after the entry of the decree from 6:00 p.m. on Friday until 7:00 p.m. on Sunday continuing each year; (iii) visitation on holidays as specified in Subsections 30-3-35(c) through (i); (iv) extended visitation may be: (A) two one-week periods, separated by at least four weeks, at the option of the noncustodial parent; (B) one week shall be uninterrupted time for the noncustodial parent; (C) the remaining week shall be subject to visitation for the custodial parent consistent with these guidelines; and (D) the custodial parent shall have an identical one-week period of uninterrupted time for vacation; and (v) brief phone contact with the noncustodial parent at least two times per week: (e) for children three years of age or older, but younger than five years of age: (i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be specified by the noncustodial parent or court; (ii) alternative weekends beginning on the first weekend after the entry of the decree from 6:00 p.m. on Friday until 7:00 p.m. on Sunday continuing each year; (iii) visitation on holidays as specified in Subsections 30-3-35(c) through (i); (iv) extended visitation with the noncustodial parent may be: (A) two two-week periods, separated by at least four weeks, at the option of the noncustodial parent; (B) one two-week period shall be uninterrupted time for the noncustodial parent; (C) the remaining two week period shall be subject to visitation for the custodial parent consistent with these guidelines; and (D) the custodial parent shall have an identical two-week period of uninterrupted time for vacation; and (v) brief telephone contact with the noncustodial parent at least two times per week.   (3) A parent shall notify the other parent at least 30 days in advance of extended visitation or vacation weeks. (4) Telephone contact shall be at reasonable hours and for reasonable duration. - - Law Offices of Greenwood & Black