81-9-304. Minimum schedule for parent-time for a minor child under five years old.
(1) The parent-time schedule in this section applies when establishing a parent-time schedule for a minor child who is younger than five years old.
(2) If the parties do not agree to a parent-time schedule, the schedules in Subsectionsthroughare considered the minimum parent-time to which the noncustodial parent is entitled to the minor child. (3) (8)
(3) For a minor child who is younger than five months old, the noncustodial parent is entitled to: three two-hour visits every week; and two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection. (15)
(4) For a minor child who is at least five months old but younger than nine months old, the noncustodial parent is entitled to: three three-hour visits every week; and two hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection. (15)
(5) For a minor child who is at least nine months old but younger than 12 months old, the noncustodial parent is entitled to: one eight-hour visit every week; one three-hour visit every week; and eight hours for each holiday granted to the noncustodial parent in accordance with the holiday schedule under Subsection. (15)
(6) For a minor child who is at least 12 months old but younger than 18 months old, the noncustodial parent is entitled to: one three-hour visit every week; beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending on Sunday at 7:30 p.m.; and eight hours for each holiday granted to the noncustodial parent in the holiday schedule under Subsection. (15)
(7) For a minor child who is at least 18 months old but younger than three years old, the noncustodial parent is entitled to: one weekday evening to be specified by the noncustodial parent or the court: beginning at 5:30 p.m. and ending at 7:30 p.m.; or if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 7:30 p.m.; beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending at 7:30 p.m. on Sunday; each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection; and (15) extended parent-time for two one-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows: one week of uninterrupted parent-time for the noncustodial parent, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day; and one week of interrupted parent-time, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day, where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection. (7)(a)
(8) For a minor child who is at least three years old but younger than five years old, the noncustodial parent is entitled to: one weekday evening to be specified by the noncustodial parent or the court: beginning at 5:30 p.m. and ending at 7:30 p.m.; or if the minor child is being cared for during the day outside the minor child's regular place of residence and with advance notice to the custodial parent, beginning at the time that the minor child is picked up from the caregiver and ending at 7:30 p.m.; beginning on the first weekend after the entry of the decree, alternating weekends beginning at 5:30 p.m. on Friday and ending at 7:30 p.m. on Sunday; each holiday granted to the noncustodial parent in accordance with the holiday schedule described in Subsection; and (15) extended parent-time for two two-week periods, separated by at least four weeks, at the option of the noncustodial parent, as follows: two weeks of uninterrupted parent-time, for the noncustodial parent, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day; and two weeks of interrupted parent-time, beginning at 8 a.m. on the first day and ending at 7:30 p.m. on the last day, where the custodial parent may have an equal amount of weekday parent-time as the noncustodial parent on the same day on which the noncustodial parent is granted weekday parent-time under Subsection (8)(a)(i).
(9) For a minor child who is at least 18 months old but younger than five years old, the custodial parent is entitled to one week of uninterrupted extended parent-time.
(10) For a minor child who is nine months old or older, the noncustodial parent shall have at least two times a week: brief telephone contact at reasonable hours and for a reasonable duration; and virtual parent-time, if the equipment is reasonably available and the parents reside at least 100 miles apart, at reasonable hours and for reasonable duration. If the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration: the best interests of the minor child; each parent's ability to handle any additional expenses for virtual parent-time; and any other factors the court considers material. Virtual parent-time supplements, but does not replace, in-person parent-time.
(11) For a minor child who is younger than nine months old, unless the parents agree otherwise, parent-time should take place in the home of the custodial parent, an established child-care setting, or other environment familiar to the minor child, at the option of the noncustodial parent.
(12) Changes may not be made to the parent-time schedule under this section, except that if a conflict arises in the parent-time schedule, the following order of precedence shall be applied when determining which parent is entitled to parent-time: the holiday schedule for Mother's Day or Father's Day under Subsection; (15) the holiday schedule for the minor child's birthday, unless a parent is exercising uninterrupted extended parent-time under Subsection, (8)(d), or (9) and takes the minor child away from that parent's residence during the uninterrupted extended parent-time; (7)(d) the holiday schedule for any holiday under Subsectionthat is not Father's Day, Mother's Day, or the minor child's birthday; (15) extended parent-time under Subsection, (8)(d), or (9); and (7)(d) the schedule for weekday or weekend parent-time. A parent exercising parent-time for the minor child's birthday may bring other siblings along for the minor child's birthday.
(13) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time shall be responsible for the minor child's attendance at school for that school day.
(14) A parent shall notify the other parent at least 30 days in advance of the parent's plans for the exercise of extended parent-time under Subsection, (8)(d), or (9). (7)(d)
(15) The following table is the holiday schedule for parent-time under this section.