David R. Hartwig, ESQ.
Attorney & Counselor At Law
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Parent-time Archives

Halloween and parent-time - who gets the child, and how long?

The fall is upon us, yet again. Halloween is approaching and separated, divorce, or unmarried parents want to know who will have their children for the holiday, and for how long. Halloween is not necessarily a "legal" holiday, so there may well be questions about how that day is handled. What you need to look at is your decree of divorce, or custody orders, to see what it says. In Utah, there are statutes that address visitation, or parent-time; and, those statutes do state what holidays are considered and how they are handled. And, Utah does recognize Halloween as a holiday for purposes of parent-time. The pertinent Utah statutes are 30-3-35, 30-3-35.1, and 30-3-35.5. But, be aware. Your decree or custody order may take precedence over statute; it could give additional holiday time, or take it away. So, look to your divorce decree, paternity orders, or custody orders to see what it says first. If you have any doubts, or questions, get together with an experienced family law attorney to review your papers, and help you learn now exactly what your rights are, rather than waiting until Halloween.

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