Visitation rights, or “Parent-time” as more commonly stated in the family law sphere can come in many different forms. First, it is important to understand that parent-time is a reference to how much time the non-custodial parent spends with a child.

Primary physical custody: A parent will have primary physical custody, also called sole physical custody, when their parent-time limits the other parent to 110 nights or less a year.

Joint physical custody: Parents will be considered to have joint physical custody if the children spend more than 110 nights a year with each parent.

The Utah State Legislature passed new parent-time statute, Utah Code Ann. §30-3-35.1, that has been effective since May 12, 2015. The Courts are trending to favor using this statute. Other visitation rights statutes include:

• Utah Code Annotated §30-3-35 Parent Time for Children 5 – 18 years of age.
• Utah Code Annotated §30-3-35.5 Parent Time for Children under 5 years of age.
• Utah Code Annotated §30-3-33 Advisory Parent Time Guidelines.

Whether you are a mother, father, or grandparent, if you have concerns or questions about visitation, contact our office for a case review from a Utah divorce attorney for help.