Utah Parenting Plans

Utah Code Section 30-3-10.8 requires parents to submit a proposed parenting plan in every custody case. The plan must address decision-making authority, parent-time schedules, transportation, holiday arrangements, and how the parents will resolve future disputes about the child.

Last updated: July 2026

A parenting plan is the most important document in any Utah divorce or parentage case involving children. Under Utah Code Section 30-3-10.8, each parent in a custody proceeding must file a proposed parenting plan with the court. The plan serves as a roadmap for how the parents will share the rights and responsibilities of raising their child after separation. The statute requires the plan to address specific elements, and the court will review the plan to ensure it serves the child’s best interest before incorporating it into the final decree. A well-drafted parenting plan can prevent future conflict by establishing clear expectations and procedures for both parents.

Many parents underestimate how much detail a good parenting plan requires. A vague parenting plan is almost as problematic as no plan at all because it leaves too many questions unanswered and invites future disputes. Under Utah Code Section 30-3-10.8, the parenting plan must address not only the basic custody arrangement but also practical details such as how the parents will exchange the child, who will provide transportation, how holidays and school breaks will be divided, and how the parents will communicate about the child’s needs. The more specific the plan, the less room there is for misunderstanding and conflict down the road.

What must a parenting plan include under Utah Code Section 30-3-10.8?

Utah Code Section 30-3-10.8 requires the parenting plan to include several specific elements. The plan must designate which parent has legal custody and which has physical custody, or whether these are shared jointly. It must establish a parent-time schedule that meets the minimum requirements under Utah Code Sections 30-3-32 through 30-3-35, or provide an alternative schedule that serves the child’s best interest. The plan must also address how the parents will make decisions about the child’s education, healthcare, and religious training, including how disputes about these decisions will be resolved.

The parenting plan must also include provisions for transportation and exchange of the child, holiday and birthday schedules, summer vacation arrangements, and a process for modifying the plan in the future. Under Section 30-3-10.8(2), the plan should address how the parents will communicate with each other about the child, including whether they will use a communication app, email, or other method. The plan may also include provisions about extracurricular activities, the child’s access to each parent during the other parent’s time, and any restrictions on travel or relocation. A comprehensive parenting plan leaves no major aspect of the child’s life unaddressed.

What is the minimum parent-time schedule in Utah?

The minimum parent-time schedule is the baseline parenting time that a noncustodial parent is generally entitled to under Utah law. For children five years and older, the standard minimum schedule under Utah Code Section 30-3-32 includes alternating weekends from Friday after school until Monday morning, one weekly evening visit, alternating major holidays, half of spring break, half of winter break, and up to four weeks of uninterrupted summer time. For children under five, the schedule under Section 30-3-33 is adjusted to accommodate younger children’s developmental needs, with shorter but more frequent visits.

For parents living more than 150 miles apart, Utah Code Section 30-3-35 provides a long-distance parent-time schedule with longer but less frequent visits. This schedule typically includes alternating school breaks, spring break, and extended summer time rather than regular weekly visits. The minimum schedule is exactly that: a minimum. Parents may agree to more time, and the court may order more time if it serves the child’s best interest. The parenting plan should specify whether the parents are following the minimum schedule, an agreed modified schedule, or a schedule tailored to the child’s specific needs.

How do parents create a parenting plan that the court will approve?

To create a parenting plan that the court will approve, parents must ensure the plan addresses all required elements under Utah Code Section 30-3-10.8 and serves the child’s best interest under Section 30-3-10.2. The plan should be specific rather than general. For example, rather than stating that the parents will share holidays, the plan should specify which parent has the child for Thanksgiving in odd-numbered years and which has the child in even-numbered years. The plan should also address contingencies such as what happens if a parent is late for an exchange, how makeup time is handled if a parent misses visitation, and how the parents will handle the child’s illness or emergency.

The court will evaluate the plan based on whether it provides for the child’s emotional and physical needs, promotes the child’s healthy relationship with both parents, and is practical given the parents’ circumstances. If both parents agree on the plan, the court will generally approve it unless it appears to be contrary to the child’s best interest. If the parents cannot agree, each parent submits a proposed plan, and the court chooses the plan that best serves the child’s welfare or creates its own plan based on the evidence presented. Parents who work with an attorney to draft a thorough parenting plan increase the likelihood of court approval and reduce the risk of future disputes.

How does the court handle parenting plan disputes?

When parents cannot agree on a parenting plan, Utah law requires them to attempt mediation in most cases. Under Utah Code Section 30-3-12, the court may order the parties to participate in mediation to resolve parenting plan disputes. Many Utah counties require mediation before a contested custody hearing will be scheduled. During mediation, a neutral mediator helps the parents identify areas of agreement and narrow the issues in dispute. If mediation resolves all issues, the parties submit an agreed parenting plan to the court. If mediation results in partial agreement, the parties submit a plan reflecting the agreed terms and proceed to court on the remaining issues.

If mediation fails to produce a complete agreement, the court holds a hearing or trial to resolve the disputed issues. Each parent presents evidence supporting their proposed plan, and the court evaluates the evidence under the best interest factors in Utah Code Section 30-3-10.2. The court may also appoint a guardian ad litem to represent the child’s interests, order a child custody evaluation, or interview the child in chambers. The court’s decision is based on the evidence, not on which parent proposed the plan first or which parent appears more aggressive in advocating for their position. The goal is always a plan that serves the child’s best interest.

Can a parenting plan be modified after the divorce is final?

Yes. A parenting plan can be modified after the divorce is final if there is a substantial and material change in circumstances. Under Utah Code Section 30-3-10.2, the parent seeking modification must file a petition with the court and demonstrate that circumstances have changed significantly since the original plan was entered. Common changes that support modification include a parent’s relocation, a change in the child’s needs as they mature, a parent’s change in work schedule, or evidence that the current plan is not working in practice. The court must find that modification serves the child’s best interest based on the same statutory factors used in the initial determination.

The modification process is similar to the initial custody process. The parents may agree on a modified plan and submit it to the court for approval, or they may litigate the modification if they cannot agree. The court generally requires evidence of changed circumstances rather than simply allowing a parent to relitigate issues that were already decided. However, if the current plan is clearly not working or the child’s needs have changed, the court will modify the plan to serve the child’s best interest. Parents who experience a significant life change should consider whether modification of the parenting plan is appropriate.

What happens if a parent violates the parenting plan?

Violation of a parenting plan is a violation of a court order and can result in enforcement action. Under Utah Code Section 30-3-10.8, the court has authority to enforce parenting plan provisions through contempt proceedings. If a parent repeatedly fails to follow the parenting plan, the other parent may file a motion for contempt, asking the court to find the violating parent in contempt and impose sanctions. Sanctions may include make-up time for missed parenting time, attorney fees, fines, or modification of the parenting plan to prevent future violations. In serious cases, the court may also modify custody based on the violation.

The court is more likely to impose significant sanctions for willful violations than for violations caused by circumstances beyond a parent’s control. For example, a parent who refuses to return the child after a scheduled visit may face contempt charges, while a parent who misses a visit due to a medical emergency is unlikely to be penalized. Parents who experience ongoing violations of the parenting plan should document each incident and seek legal advice about enforcement options. Prompt enforcement action can prevent a pattern of violations from becoming entrenched.

A well-drafted parenting plan under Utah Code Section 30-3-10.8 is essential for establishing clear expectations and avoiding future conflict. Parents who invest the time to create a detailed, thoughtful plan are investing in their child’s stability and their own peace of mind.

About the Author: Stephen Honig is a legal content strategist who writes about Utah family law, divorce, and related legal topics. His work helps individuals understand their rights and options under Utah law.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.