Utah law does not impose a mandatory “standard parent-time” schedule. The schedules in Utah Code § 81-9-302 are only possible options for courts to consider. In practice, however, judges often adopt them with little or no change—treating them as if they were defaults. If you need a different schedule (for example, because of your work hours or your child’s unique needs), you must present clear evidence showing why a customized arrangement is in your child’s best interest.
If you’re going through a divorce in Utah, you may hear lawyers, mediators, or even judges throw around the phrase “standard parent-time.” It sounds official, doesn’t it? As if the law has one fixed schedule that every family must follow. The truth is more complicated, and more important to understand.
One unique Utah-specific challenge that surprises people from other states is the way Utah handles child custody and parent-time with statutory “default schedules.”
In many states, custody and parenting arrangements are left almost entirely to judicial discretion, with judges crafting orders case by case. Utah, by contrast, has detailed default custody and parent-time schedules written right into the statutes (Title 81, formerly Title 30-3). For example:
- There is a statutory minimum parent-time schedule for the non-custodial parent (essentially, weekends, mid-week evenings, holidays, and “extended parent-time” in the summer): Utah Code § 81-9-302 (Minimum schedule for parent-time for a minor child five to 18 years old).
· There is an optional schedule for parent-time for a minor child five to 18 years old: Utah Code § 303 (Optional schedule for parent-time for a minor child five to 18 years old).
· Utah also has a presumptive equal parent-time schedule (50/50) in certain circumstances—something many states don’t have codified at all: Utah Code § 305 (Equal parent-time schedule).
These statutes even spell out pickup and drop-off times, summer break divisions, and holiday rotations.
This surprises outsiders because it means divorcing parents in Utah can’t assume they’ll start from a blank slate or just “what the judge thinks is fair.” Instead, they must work from—and argue against or for—these built-in statutory defaults. That framework gives predictability but also creates a unique battleground: much of the fight is over whether the court should deviate from the default schedule.
What the Law Actually Says
Utah’s statutes lay out possible parent-time schedules that courts may use when deciding custody and parent-time. These include detailed provisions about weekends, holidays, and summer breaks. They exist to give courts a starting point, not to lock families into a one-size-fits-all model.
The law does not say that these schedules are mandatory. Judges are supposed to consider the unique circumstances of each child and family when making orders.
The Problem in Practice
Even though the statutes are technically optional frameworks, many Utah courts treat them as if they were default rules. Over time, the “possible” schedules have hardened into what people call “standard parent-time.”
That label is misleading, but the effect is real: unless you make a strong case for why a different schedule is in your child’s best interest, courts often plug in the statutory schedule with little or no modification, particularly if the other parent opposes your parent-time proposal.
Why This Matters
For parents who expected flexibility—or who thought they could negotiate a truly customized arrangement—the reality can come as a surprise. It’s not enough to say, “I want something different.” You must be ready to show the court why a departure from the statutory template better serves your child’s needs.
Example: Imagine a parent who works weekends but has Mondays and Tuesdays completely free. Under the so-called “standard” schedule, that parent would only see his/her children on weekends—when that parent is working. Without making a clear case to the court, such a parent could be stuck with a schedule that’s not only impractical but damaging to the parent-child relationship. In reality, the law allows the court to craft a weekday-heavy schedule that fits this family’s life, but the court won’t do it unless the parent demonstrates why.
So Don’t be fooled or bullied by the phrase “standard parent-time.”
There’s nothing truly “standard” about raising children after divorce. Utah law gives courts options, but you’ll need careful preparation and persuasive arguments if you want something other than the statutory schedule the court may be inclined to impose.
If your life doesn’t fit the statutory mold, start preparing early. Gather your work schedules, school calendars, and even letters from teachers, coaches, or childcare providers. The more clearly you can show the court how a tailored plan benefits your children, the better your odds of securing a schedule that works for your family.
Utah Family Law, LC | divorceutah.com | 801-466-9277