Utah law provides optional parent-time provisions that parents can include in their custody orders to address specific situations such as relocation and extended travel. Under Utah Code Section 30-3-35.5, parents may agree to additional provisions beyond the standard or long-distance parent-time schedules. These optional provisions give families flexibility to create a parent-time plan that works for their unique circumstances.
Updated: July 17, 2026
Key Takeaways
- Utah Code Section 30-3-35.5 allows optional parent-time provisions beyond the statutory minimums
- Parents may agree to provisions addressing relocation, extended travel, and other specialized situations
- Optional provisions must be in writing and approved by the court
- The court retains authority to modify optional provisions if they are no longer in the child’s best interest
- An experienced Utah custody attorney can help draft optional provisions that protect your rights
What Are Optional Parent-Time Provisions Under Utah Law?
Optional parent-time provisions under Section 30-3-35.5 allow parents to customize their parent-time arrangement beyond the statutory standard or minimum schedules. These provisions are designed to address the specific needs of the family and to anticipate future changes in circumstances. The optional provisions may cover a wide range of topics, including relocation, extended travel, school choice, extracurricular activities, and communication between parent and child.
The optional provisions are not mandatory. They are available for parents who want to create a more detailed and customized parent-time plan. If parents cannot agree on optional provisions, the court will enter orders based on the standard or minimum schedules without the optional additions.
What Types of Optional Provisions Are Available?
Section 30-3-35.5 lists several types of optional provisions that parents may include in their parent-time order. These include:
| Optional Provision | Description |
|---|---|
| Relocation provisions | Terms governing what happens if a parent moves more than a specified distance |
| Extended travel | Provisions allowing a parent to take the child on extended travel, including international travel |
| Right of first refusal | A requirement that a parent offer parenting time to the other parent before using childcare |
| Communication schedule | Specific times for phone calls, video chats, or other communication between visits |
| School and activity decisions | How decisions about school enrollment and extracurricular activities will be made |
| Medical decision-making | Protocol for emergency and routine medical decisions |
| Transportation arrangements | Specific terms for pickup and drop-off, including who provides transportation |
| Virtual parent-time | Scheduled video or phone contact to supplement in-person visits |
Parents may also include other provisions that are not specifically listed in the statute, as long as they are in the child’s best interest and do not violate public policy.
How Do Relocation Provisions Work Under Section 30-3-35.5?
Relocation provisions are among the most important optional provisions a parent can include in a custody order. These provisions address what happens if one parent plans to move more than a specified distance from the other parent. Common relocation provisions include:
- A requirement that the relocating parent provide advance notice, typically 60 to 90 days before the move
- A mechanism for modifying the parent-time schedule if the relocation would make the current schedule impractical
- Allocation of transportation costs for parent-time after the move
- A presumption that the child will remain in the current school district if the relocation would disrupt the child’s education
- A provision requiring the relocating parent to bear the additional costs of long-distance parent-time
Without a relocation provision, the parent who wishes to relocate must seek court approval and show that the relocation is in the child’s best interest. Having a pre-agreed relocation provision in the custody order can simplify this process significantly.
What Is a Right of First Refusal Provision?
A right of first refusal provision requires a parent who needs childcare during their parenting time to offer the other parent the opportunity to care for the child before hiring a babysitter or using other childcare. This provision ensures that the child spends as much time as possible with a parent rather than with a third party.
The provision typically specifies the minimum duration of childcare that triggers the right of first refusal. For example, the provision may state that if a parent needs childcare for more than four hours, they must first offer the other parent the opportunity to care for the child. The provision may also specify how the offer must be made and how much time the other parent has to respond.
Right of first refusal provisions can benefit the child by maximizing time with both parents, but they can also create conflict if not carefully drafted. The provision should be clear about notification requirements, response times, and what happens if the other parent declines.
Can Parents Include Provisions for Extended Travel?
Yes. Parents may include provisions allowing either parent to take the child on extended travel, including international travel. Extended travel provisions typically address:
- Notice requirements for out-of-state or international travel
- Documentation required for international travel, such as a passport and travel consent letter
- Limitations on travel to certain countries or regions
- Communication requirements while traveling
- Restrictions on travel that would interfere with the other parent’s parenting time
Extended travel provisions give parents the freedom to travel with the child while ensuring the other parent’s rights and the child’s safety are protected. The provisions should be specific enough to avoid disputes while flexible enough to accommodate reasonable travel plans.
Strategic Tip: When drafting optional provisions, think carefully about potential future scenarios and how you want them handled. It is much easier to agree on a provision now, before a dispute arises, than to negotiate after a conflict has started.
How Are Optional Provisions Enforced by the Court?
Optional provisions that are incorporated into a court order are enforceable in the same way as any other provision of the order. If a parent violates an optional provision, the other parent may seek enforcement through the court. The court may hold the violating parent in contempt, modify the order, or impose other remedies.
However, the court also retains authority to modify optional provisions if they are no longer in the child’s best interest. A provision that was reasonable when agreed upon may become unworkable or harmful as circumstances change. The court will evaluate whether modification is appropriate based on the current facts.
What Happens If Parents Cannot Agree on Optional Provisions?
If parents cannot agree on optional provisions, the court will enter the parent-time order based on the standard or minimum schedule without the optional additions. The court will not force parents to accept optional provisions they do not agree with. However, the court may include certain provisions if they are necessary to protect the child’s welfare, even if one parent objects.
In some cases, the court may order mediation to help parents reach agreement on optional provisions. Mediation can be an effective way to resolve disagreements and create a customized parent-time plan that works for both parents and the child.
Can Optional Provisions Be Added to an Existing Order?
Yes. Parents may agree to add optional provisions to an existing custody order at any time. If both parents agree, they can submit a stipulation to the court requesting that the order be modified to include the optional provisions. The court will approve the modification if it is in the child’s best interest.
If one parent wants to add an optional provision and the other does not agree, the requesting parent must file a motion and show that the modification is in the child’s best interest. This is more difficult than adding provisions by agreement, but it is possible if the circumstances justify the change.
Are optional parent-time provisions mandatory?
No. They are optional. Parents who want additional terms beyond the standard or minimum schedule may include them, but they are not required.
Can the court order a right of first refusal if parents do not agree?
The court has discretion to include a right of first refusal provision if it finds that the provision is in the child’s best interest. However, the court is more likely to include such a provision if both parents agree.
Do optional provisions override the standard parent-time schedule?
Yes, to the extent they are inconsistent. If an optional provision addresses a specific issue, that provision controls over the general terms of the standard 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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