Holiday and vacation parent-time is a key component of any Utah custody order. Under Utah Code Section 30-3-34(2), the court establishes a holiday schedule that ensures both parents share important holidays and special occasions with their child. The holiday schedule typically takes precedence over the regular parent-time schedule and follows an alternating year pattern to ensure fairness over time.
Updated: July 17, 2026
Key Takeaways
- Utah Code Section 30-3-34(2) addresses holiday and vacation parent-time
- Major holidays alternate between parents on even and odd years
- Summer vacation parent-time can be up to four weeks with proper notice
- Holiday schedules generally take precedence over regular weekend schedules
- A written holiday schedule in the court order prevents confusion and conflict
What Holidays Are Covered Under Utah’s Standard Parent-Time Schedule?
The standard parent-time schedule under Section 30-3-34(2) covers major holidays and special occasions. The specific holidays are not exhaustively listed in the statute, but common holidays included in Utah parent-time orders include:
- Thanksgiving break
- Christmas/New Year’s break
- Spring break
- Memorial Day weekend
- Fourth of July
- Labor Day weekend
- Mother’s Day (with the mother)
- Father’s Day (with the father)
- The child’s birthday
- Each parent’s birthday
The parties may agree to include additional holidays such as Easter, Halloween, or other days of personal or cultural significance. The key is that the holiday schedule is clearly defined in the court order so both parents know their rights.
How Are Holidays Divided Between Parents?
Holidays are typically divided on an alternating year basis. The standard approach is:
| Holiday | Even Years | Odd Years |
|---|---|---|
| Thanksgiving | Parent A | Parent B |
| Christmas Eve | Parent A | Parent B |
| Christmas Day | Parent B | Parent A |
| New Year’s Day | Parent A | Parent B |
| Spring Break | Parent B | Parent A |
| Fourth of July | Parent A | Parent B |
This alternating pattern ensures that over the course of two years, each parent has the opportunity to celebrate major holidays with the child. The specific division varies by case, and parents may negotiate their own holiday schedule if the default does not work for them.
How Does the Holiday Schedule Interact With the Regular Weekend Schedule?
The holiday schedule generally takes precedence over the regular parent-time schedule. This means that if a holiday falls on a weekend that would normally be the custodial parent’s weekend, the holiday schedule controls and the noncustodial parent still gets the holiday time. The regular weekend schedule is typically suspended during holiday periods to avoid conflicts.
For example, if Thanksgiving falls during the custodial parent’s weekend under the alternating weekend schedule, the noncustodial parent’s Thanksgiving time still takes priority. The regular weekend schedule resumes after the holiday period ends.
What Notice Is Required for Summer Vacation Parent-Time?
Under Section 30-3-34(2), the noncustodial parent must provide written notice to the custodial parent by May 1 of each year regarding which weeks they intend to exercise summer vacation parent-time. The notice should specify the dates the parent-time will begin and end. If the parent fails to provide timely notice, they may forfeit the right to designate specific summer weeks.
The custodial parent must also provide notice if they plan to take the child on vacation during their parenting time. Good communication about summer plans helps avoid conflicts and ensures the child can participate in camps, activities, and other summer opportunities.
Can a Parent Take the Child Out of State During Their Holiday or Vacation Time?
Yes, generally. A parent with parent-time may take the child out of state during their holiday or vacation time, subject to any restrictions in the court order. However, the parent must:
- Provide the other parent with reasonable notice of the travel plans
- Provide an itinerary and contact information
- Obtain the other parent’s written consent or a court order for international travel, especially if a passport is required
- Return the child at the scheduled time
If the parents have joint legal custody, major travel decisions may require mutual agreement. The court order should address travel restrictions, particularly for international travel.
Strategic Tip: When drafting your holiday schedule, be as specific as possible about pickup and drop-off times, locations, and which parent is responsible for transportation. Vague provisions lead to disputes. Define the exchange time clearly, such as “10:00 a.m. on the first day of the holiday period” rather than “reasonable time.”
How Is Extended Family Time Handled During Holidays?
Utah law recognizes the importance of extended family relationships. During holiday parent-time, the parent with the child may include the child in extended family gatherings, such as Thanksgiving dinners with grandparents, cousins, and other relatives. The court order typically does not restrict the parent’s ability to involve the child in family events during their parenting time.
However, if one parent consistently schedules family events during the other parent’s parenting time, it can create conflict. Both parents should make reasonable efforts to accommodate important family events on both sides, even if they fall on the other parent’s time.
What Happens If Parents Cannot Agree on the Holiday Schedule?
If parents cannot agree on a holiday schedule, the court will impose one. The court’s default schedule under Section 30-3-34(2) provides a framework, but the court may adjust it based on the specific circumstances. If parents cannot agree, they should prepare proposed holiday schedules for the court to consider.
The court prefers that parents work out the holiday schedule themselves, as they know their family traditions and calendars best. However, if agreement is impossible, the court will make the decision based on the child’s best interest.
How Do School Breaks Factor Into the Holiday Schedule?
School breaks such as winter break, spring break, and fall break are typically treated as holiday periods. These breaks are divided between the parents on an alternating basis. The school calendar from the child’s school district determines the exact dates of these breaks.
Parents should obtain a copy of the school calendar at the beginning of each year and plan accordingly. If the school calendar changes, the holiday schedule may need to be adjusted to accommodate the new dates.
Does the holiday schedule apply to children who are not yet in school?
Yes. The holiday schedule applies regardless of the child’s age. For children not yet in school, the court may adjust the schedule to account for the child’s routine and developmental needs.
Can a parent exchange holidays with the other parent?
Yes. Parents may agree to swap holidays as long as both consent. For example, if the noncustodial parent has the child for Thanksgiving in an even year, the parents could agree to swap so the custodial parent has Thanksgiving instead. Any swap should be documented in writing to avoid confusion.
What if a parent cannot exercise their holiday time?
A parent may waive their holiday time, but should notify the other parent as soon as possible. The custodial parent is not required to make the child available if the noncustodial parent cancels. Repeated failures to exercise holiday time may result in modification of the schedule.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremeyeveland.com to schedule a consultation today.
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.
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