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In Utah, “joint physical custody” doesn’t have to mean a perfect 50/50 split, though that is increasingly common (increasingly common, not the default—the system still treats mothers more favorably than fathers). By law, if each parent has the child for at least 111 overnights per year, it is considered joint physical custody.

When parents can’t agree on a schedule, Utah law provides several possible (not mandatory) “statutory” options the court can impose. As of 2026, these are found in Utah Code Title 81, Chapter 9 (recently renumbered from the old Title 30, Chapter 3). Utah Reality Check: These schedules are just the “defaults.” Utah judges have the discretion to create a custom schedule if a parent can prove it better serves a child’s specific needs—like a parent’s non-traditional work shift or a child’s special medical requirements.

Common Utah Parent-Time Schedules

The 50/50 “Equal” Schedule (Utah Code § 81-9-305)

This is becoming the starting point for many Utah judges when both parents are fit and live relatively close to each other. Frankly, the most equitable thing to do when analyzing the child custody and parent-time awards is to start with a rebuttable presumption that equal custody is the fairest to parents and children alike.

• The 2-2-5-5: One parent has the child every Monday and Tuesday; the other has every Wednesday and Thursday. They then alternate the weekend (Friday through Sunday). This is popular because the child is never away from either parent for more than a few days.
• Week-On / Week-Off: The child spends seven days with one parent and seven with the other, usually swapping on Fridays or Mondays. This is often preferred for older children or teenagers to minimize the “back and forth.”
• The 3-4-4-3 (Split Week): One parent has the child Sunday through Tuesday, and the other parent has the child Wednesday through Friday, with Saturdays alternating. Alternatively, parents may split the week at a fixed time on Wednesday or Thursday every week. This provides a predictable routine where each parent owns specific school days, while still ensuring the child never goes a full week without seeing the other parent.
• The options for equal custody schedules are many. While the schedules above are the most common, Utah law allows parents to get creative. As long as the math adds up to an equal split of overnights (182.5 per year or 182/183 per year) and serves the child’s best interests, judges are generally open to “custom” 50/50 rotations that accommodate unique work shifts, such as those for first responders or healthcare workers.

The 60/40 “Optional” Schedule (Utah Code § 81-9-303)

This is often referred to as the 145-overnight schedule. This is joint (though not equal) physical custody award. It is a common “middle ground” for parents who want more than minimal time with their children but feel 50/50 isn’t quite right.

• How it works: One parent has the child every other weekend from Friday afternoon until Monday morning, plus one midweek overnight every week.
• Why it’s 60/40: When you add up the extended weekends, midweek overnights, and half of the holidays/summers, the non-custodial parent ends up with about 40% of the year.

The 80/20 “Statutory Minimum” Schedule (Utah Code § 81-9-302)

This is known as a “sole custody” award. It is the schedule for children ages 5–18 if the court finds that equal or joint custody isn’t in the child’s best interest.

• How it works: The non-custodial parent has the child every other weekend from Friday evening (either after school or at 6:00 p.m.) to Sunday evening (7:00 p.m.), plus one midweek evening for three hours (usually 5:30 p.m. to 8:30 p.m.).
• Overnights: This results in approximately 90 overnights per year for the non-custodial parent

The Holiday “Trump Card”: How Special Days Overrule the Routine

In Utah, holiday parent-time is the ultimate “trump card.” Regardless of whether you have a 50/50, 60/40, or 80/20 schedule, holiday schedules always take precedence over the regular weekly rotation.

Under Utah Code § 81-9-304, the state provides a default holiday framework that ensures children spend significant time with both parents during special occasions. Unless parents agree to a custom calendar, the law splits holidays into “Years A” and “Years B” (even and odd years) to ensure an alternating cycle.

How the Statutory Holiday Split Works

The law divides holidays into specific clusters. If Parent A has a holiday in an even year, Parent B will have it in the odd year. Key highlights include:

• Major Holidays: Thanksgiving, Christmas (split into two segments: Christmas Eve/Day and the remainder of Winter Break), and Easter/Spring Break are alternated annually.
• The “Monday” Holidays: Long weekends like Memorial Day, Labor Day, and Martin Luther King Jr. Day typically go to the parent who already has the child for that specific weekend.
• Birthdays: The child’s birthday is usually spent with the parent who has them that day, but many “custom” orders allow for a brief 2–3 hour visit from the other parent.
• Mother’s Day and Father’s Day: These are non-negotiable. The child spends Mother’s Day with the mother and Father’s Day with the father, regardless of whose weekend it is.

Summer Break and “Uninterrupted” Time

Summer is treated differently than a standard holiday. For most joint custody arrangements in Utah:

• Extended Time: Each parent is typically entitled to two to four weeks of “uninterrupted” parent-time during the summer for vacations or travel.
• Notice Requirement: To exercise this, you usually must notify the other parent in writing (often by May 1st) of the dates you intend to take.

Note on Flexibility: While the Utah Code provides a “default” holiday schedule, it is often criticized for being rigid. If you and your co-parent work well together, you can stipulate to a “mutual agreement” clause, allowing you to deviate from the statute as long as you both agree in writing.

Important Reminder:

Because the holiday schedule interrupts the regular 50/50 or 60/40 flow, it can sometimes result in one parent having the child for 10 or 12 days in a row. It is essential to look at your calendar at the start of every year to identify these “hangover” weeks and prepare your child for the shift in routine.

Final Word: Choosing for the Child You Have Today

The “perfect” schedule on paper means nothing if it doesn’t fit your child’s developmental stage. In Utah, judges increasingly favor equal parent-time, but they also recognize that a teenager’s needs are worlds apart from a toddler’s. When finalizing your parenting plan, keep these age-specific realities in mind:

• The “Bonding” Phase (Ages 0–5): For infants and preschoolers, consistency is king. Long stretches away from either parent can cause “separation anxiety.” For this age group, the 2-2-3 or 3-4-4-3 schedules are often better than week-on/week-off because they ensure the child sees both parents every few days.
• The “Routine” Phase (Ages 6–12): School-age children are often the most flexible. They can handle longer periods away from a parent, but they are also heavily involved in extracurriculars. At this stage, the 2-2-5-5 is highly effective because it gives each parent “ownership” of specific days of the week (e.g., Mom always has soccer practice Tuesdays, Dad always has piano Thursdays).
• The “Independence” Phase (Ages 13–18): Teenagers often find frequent transitions exhausting. They have social lives, jobs, and heavy homework loads. For them, Week-On/Week-Off is often the gold standard because it allows them to “settle in” to one home base for a full week at a time.

Caring for Children When the Other Parent Cannot – Right of First Refusal (ROFR)

In Utah, the Right of First Refusal (ROFR) is a common clause in parenting plans designed to maximize the child’s time with their parents. It requires that before either parent hires a babysitter or leaves the child with a third party for an extended period, they must first contact the other parent to see if they are available to care for the child.

In Utah, while there isn’t a “one-size-fits-all” statutory length of time, the court generally looks for a duration that balances the child’s stability with the parents’ right to additional time.

The Time Trigger

To avoid friction, the “trigger” must be clearly defined. Common timeframes in Utah orders include:

• 4 to 8 hours: Standard for most local co-parenting situations.
• Overnight: Common when parents live further apart or have high-conflict interactions.

Example: If Parent A has a work event or emergency and cannot be with the child for more than [Number] hours, they must notify Parent B before calling a sitter.

The Communication Protocol

Friction often arises from how the offer is made. To keep things objective:

• Notification: The parent seeking childcare must notify the other via a designated parenting app or text message.
• Response Window: The receiving parent usually has 30 to 60 minutes to accept or decline the offer. If they do not respond within that window, the requesting parent is free to hire a sitter.

Transportation and Costs

Unless otherwise agreed, the parent accepting the extra time is typically responsible for all transportation associated with the ROFR period. This prevents the “requesting” parent from being burdened by a schedule change they didn’t initiate.

Common Friction Points (and how to avoid them)

• The “Grandparent” Exception: Many Utah parents include a clause stating that ROFR does not apply if the child is spending time with grandparents or close extended family. This prevents the ROFR from being used to “block” family bonding.
• Short Windows: Setting the time trigger too low (e.g., 1–2 hours) often leads to constant “pinging” and micromanagement. Utah practitioners generally recommend at least a 4-hour window to keep the peace.

The Takeaway

Under Utah Code § 81-9-204, the court’s north star is always the “best interests of the child.” While you may want an equal split for the sake of fairness, remember that the best schedule is the one that minimizes conflict and supports your child’s current reality.

Pro-Tip: Include a “Review Clause” in your decree. A schedule that works for a 4-year-old will likely be a disaster by the time they are 14. Building in a requirement to revisit the schedule at major milestones can save you from a costly return to court later.

Utah Family Law, LC | divorceutah.com | 801-466-9277