Utah law establishes a minimum parent-time schedule that applies when a parent is not awarded the standard parent-time under Utah Code Section 30-3-34. Under Utah Code Section 30-3-33, the minimum schedule ensures that noncustodial parents retain some regular contact with their children even when the court finds that the standard schedule is not appropriate. Understanding when minimum parent-time applies and how it works is critical for parents in contested custody cases.
Updated: July 17, 2026
Key Takeaways
- Utah Code Section 30-3-33 establishes the minimum parent-time schedule
- There is a rebuttable presumption that minimum parent-time is in the child’s best interest
- The court must enter written findings if it deviates below the minimum schedule
- Minimum parent-time includes regular but limited time with the child
- Parents may agree to more time than the minimum, but the court sets the floor
What Is the Minimum Parent-Time Schedule Under Utah Law?
Utah Code Section 30-3-33 establishes the minimum parent-time schedule that a noncustodial parent is entitled to receive. The statute presumes that the minimum schedule is in the child’s best interest unless the court finds by clear and convincing evidence that the schedule would be harmful to the child. This creates a strong presumption in favor of at least minimum parent-time for every noncustodial parent.
The minimum parent-time schedule is designed to preserve the parent-child relationship even when circumstances prevent the parent from having the standard schedule. It provides regular, predictable contact that maintains the emotional bond between parent and child.
What Does the Minimum Schedule Include?
The minimum parent-time schedule under Section 30-3-33 includes the following components:
| Time Period | Minimum Schedule |
|---|---|
| Weekday visits | One 2-hour visit per week, scheduled at a time convenient for both parents |
| Weekend visits | One 4-hour visit every other weekend |
| Holidays | Alternating major holidays as specified in the order |
| Summer | Up to 2 weeks of continuous time, depending on the circumstances |
| Special occasions | Reasonable time for birthdays, Father’s Day, Mother’s Day, and other special events |
The specific times may be adjusted based on the child’s age, school schedule, and other relevant factors. The court has discretion to structure the minimum schedule in a way that works for the particular family.
When Does the Court Apply the Minimum Parent-Time Schedule?
The court applies the minimum parent-time schedule when it determines that the standard parent-time schedule under Section 30-3-34 is not in the child’s best interest. Common situations that may result in minimum parent-time include:
- A history of domestic violence that makes extended visits unsafe
- Substance abuse that impairs the parent’s ability to provide safe care
- A parent’s untreated mental health condition that affects parenting capacity
- Geographic distance that makes the standard schedule impractical
- A parent’s incarceration or other circumstances limiting availability
- The child’s special needs that require a gradual introduction of parent-time
In these situations, the court may order the minimum schedule as a starting point, with the possibility of expanding to the standard schedule if the parent addresses the underlying concerns.
What Presumption Exists for Minimum Parent-Time?
Under Section 30-3-33, there is a rebuttable presumption that minimum parent-time is in the child’s best interest. This means that the court starts with the assumption that the minimum schedule should be awarded. The party opposing minimum parent-time bears the burden of proving, by clear and convincing evidence, that even the minimum schedule would be detrimental to the child.
Clear and convincing evidence is a higher standard than the usual preponderance of the evidence standard. It requires the opposing party to show that it is highly probable that the minimum schedule would harm the child. This is a difficult burden to meet, which is why minimum parent-time is almost always awarded unless there are extreme circumstances.
Can the Court Order Less Than Minimum Parent-Time?
Yes, but only under limited circumstances. The court can deviate below the minimum parent-time schedule if it finds by clear and convincing evidence that the minimum schedule is not in the child’s best interest and would be harmful or detrimental to the child. If the court orders less than minimum parent-time, it must enter specific written findings explaining its reasons.
When the court orders less than minimum parent-time, it typically also includes provisions for the parent to work toward expanding their time. For example, a parent may start with supervised visits and gradually progress to unsupervised time as they demonstrate safe and appropriate parenting.
Important: Any restriction on parent-time must be the least restrictive means of protecting the child. The court cannot impose restrictions that go further than necessary to address the identified safety concerns.
How Does Minimum Parent-Time Differ From the Standard Schedule?
The minimum schedule differs from the standard schedule in both the quantity and structure of time. The standard schedule includes overnight visits, weekday overnights, alternating weekends, and extended summer time. The minimum schedule provides shorter, more limited visits that do not typically include overnights.
The key differences are:
- The minimum schedule has shorter visits (2-4 hours) versus the standard schedule’s overnight and multi-day visits
- The minimum schedule has less frequent weekends (every other weekend for 4 hours versus the standard schedule’s alternating weekends from Friday to Sunday)
- The minimum schedule has less summer time (up to 2 weeks versus up to 4 weeks under the standard schedule)
- The minimum schedule may not include weekday overnights
The minimum schedule is designed to maintain the parent-child relationship while protecting the child from potential harm or disruption.
Can a Parent Move From Minimum to Standard Parent-Time?
Yes. A parent who is receiving minimum parent-time may seek modification to the standard schedule if circumstances change. The parent must file a motion with the court and show that the reasons for the minimum schedule no longer exist. For example, if the parent completes substance abuse treatment, obtains stable housing, or addresses mental health concerns, the court may expand parent-time to the standard schedule.
The parent seeking modification bears the burden of showing that the change is in the child’s best interest. Evidence of successful treatment, negative drug tests, and consistent exercise of the minimum schedule can support a request for expanded parent-time.
What Rights Does a Parent on Minimum Schedule Have for Holidays and Special Occasions?
Even under the minimum parent-time schedule, the noncustodial parent is entitled to holiday time. The specific holiday schedule is typically included in the court order. Common provisions include alternating Thanksgiving, Christmas, and other major holidays. The parent also has the right to reasonable time on special occasions such as the child’s birthday, Father’s Day, or Mother’s Day.
The minimum schedule does not eliminate the parent’s right to share in holidays and special events. The court will structure the holiday schedule to ensure the child has time with both parents during important occasions.
What is the difference between minimum and standard parent-time?
The minimum schedule provides limited, shorter visits (2-4 hours) without overnights, while the standard schedule includes overnight visits, alternating weekends, weekday overnights, and extended summer time.
Can minimum parent-time be modified later?
Yes. A parent may request modification of the schedule if circumstances change. The parent must show that the change is in the child’s best interest and that the reasons for the minimum schedule no longer apply.
Does minimum parent-time apply to joint custody cases?
Not typically. Joint custody cases involve shared parenting time, which is usually more than the minimum schedule. The minimum schedule is designed for cases where one parent has sole physical custody and the other has limited parent-time.
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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