Overnight Visitation Requirements in Utah
Salt Lake City attorney advises on parent time and overnight visitation.
Utah child custody law can be complex in its applications. In many cases, parents will have joint custody, but one parent will be given more overnight stays than the other. The court refers to this parent as the custodial parent and the other as the noncustodial parent. To help you more clearly understand overnight visitation requirements in Utah, we offer this page of answers to frequently asked questions.
Does a child need a separate bedroom for overnight visits in Utah?
A parent who exercises the right of physical custody must be able to provide a healthy, safe living space for the child. For younger children, a designated space somewhere in an apartment, even in the parent’s bedroom, might be appropriate. However, as children grow and feel a greater need for privacy, their healthy development might depend on private quarters of their own. This is especially true when a child and parent are of opposite sex. This is not a black letter law and each case is different.
How is overnight visitation granted?
Utah law sets statutory minimums for overnights with a noncustodial parent, based on the age of the child. Parents are free to negotiate a different schedule, provided the minimums are met.
What factors may a court consider when determining if overnight visitation is appropriate?
When deciding whether overnight visits are in the best interests of the child, the court considers the following:
- Age of the child
- Moral and financial conduct of the noncustodial parent
- History and emotional bonds with the children of the noncustodial parent
- Ability and desire to assume the duties of a custodial parent
- Willingness to support a healthy relationship with the custodial parent
The court also takes note of any other individuals who might be present during the visits.
Why might a Utah court deny overnight visitations?
The court will not allow overnight stays if they are not in the child’s best interest. Factors that a court considers:
- Evidence of domestic violence, neglect, physical, sexual or emotional abuse by the parent or another member of that household
- Whether a parent intentionally exposed the child to pornography or other inappropriate sexual material
- Whether overnights would endanger the child's physical or psychological health
- Evidence of psychological mistreatment
The court may also weigh any other factor it finds relevant.
How can I modify a child custody agreement that will change the number of overnight visits?
If both parents agree to a new plan, they can file a stipulation, and the court will usually issue a new order based on that agreement. However, if only one parent wants to change the visitation schedule, he or she must file a petition and the court will schedule a hearing on the matter. The petitioning parent must be prepared to prove these elements:
- There has been a material and substantial change in circumstances since the old custody order was entered unforeseen at the time when the decree of divorce was entered.
- A modification of custody would advance the best interests of the child.
An experienced Salt Lake City child custody lawyer can be of great assistance in preparing the petition and in meeting these requirements.
Contact an accomplished Salt Lake City attorney to discuss overnight parenting time
Attorney Victoria Cramer in Salt Lake City provides personalized legal support for Utah parents whose child custody schedules include overnight visits. To schedule a consultation, call 801-299-9999 or contact her office online. Same-day appointments may be available for urgent matters.
