Utah statute 30-3-37: Who chooses summer schedule?

[jaegg35]

My divorce decree from the state of Utah specifically states that we follow Utah code 30-3-37. I read it to say that the summer is split equally between the custodial and non-custodial parent, with no specific preference given to either parent. As the custodial parent, I notified the non-custodial parent in January of my intention to take the child to a family reunion this summer. He is now saying that his attorney told him that he can choose any half of the summer he wants and that my notice means nothing. He essentially can pick and choose any weeks of every summer that he wants and I get the left overs. Is he correct?

 

[Proserpina]

You added details on another forum that you omitted here.

Please add them.

 

[jaegg35]

Here is the specific code:

(5) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent-time with a school-age child:
(a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
(b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;
(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period; and
(d) one weekend per month, at the option and expense of the noncustodial parent.


It is vague, and I can't find any Utah case law that applies, but of course my resources are limited in doing so. I realize there is nothing that can be done through the courts this summer, I just have to make a decision. The NCP has whined and complained, but just a week ago told me that he is planning to take her in 1 week, regardless of my plans; this has left me with little time to make a decision. I just want to make the right decision for all involved.

 

[army judge]

The law appears to be vague in order to allow the parties leeway and choice. This is a case for negotiation and compromise.

It is better to reach an accord now, than to end up fighting about nothing this fall.

If I were in your position, I'd try to reach an agreement with the other parent.

That may mean giving something now, in order to get something later.