How Are Holidays Divided in a Utah Custody Schedule?
Holidays are one of the most common sources of stress for divorced or separated parents, especially in December. Utah law has specific rules for dividing holidays, and most parenting plans follow the state’s standard schedule unless the parents agree otherwise.
If you’re unsure how Christmas, Thanksgiving, or winter break should be divided this year, here’s a clear breakdown of how Utah’s custody laws handle holiday parent-time.
Holiday Time Overrides Regular Schedules
Under Utah Code, holiday parent-time always overrides the regular weekly or monthly custody schedule.
This means:
- Even if it’s “your week,” the other parent may still get holiday time if the schedule says so.
- Holiday rotations take priority over every other part of the parenting plan.
This helps parents avoid disputes and keeps the holiday schedule consistent year after year.
How Utah Divides Major Holidays
Utah uses an odd/even year rotation, meaning parents switch certain holidays every year. Here’s how it typically works under the standard parent-time schedule:
Christmas Break (Winter Break)
Under Utah’s current parent-time statute (§81-9-302), Christmas break is divided into two parts. One parent receives the first portion of winter break, and the other parent receives the second portion.
- The second half of winter break begins on December 27 at 7:00 p.m.
- At that time, parent-time switches to the other parent and continues until the evening before school resumes.
- Parents alternate these halves every other year.
Older court orders may use different exchange dates or may tie winter break directly to school district calendars, so it’s important to review your specific decree or parenting plan.
Thanksgiving Break
Thanksgiving break typically rotates every other year.
Example:
- One parent has the child from Wednesday after school to Sunday at 7 p.m. in odd years.
- The other parent gets it in even years.
This helps ensure each parent gets meaningful holiday time with the child over the years.
Fall Break / Spring Break
These usually rotate yearly, with one parent getting fall break in odd years and spring break in even years or vice versa.
Utah’s statutes give the following structure:
- The holiday begins when school is released and ends the day before school resumes.
Other Holidays Typically Included
Depending on the plan, Utah may also assign rotating parent-time for:
- Halloween
- Easter
- Fourth of July
- Labor Day
- Memorial Day
- New Year’s Day
- Child’s Birthday
- Parents’ Birthdays
- Mother’s/Father’s Day
Your decree or parent-time order will specify exactly how each of these is handled.
Utah’s full holiday schedule applies only to children ages 5 and older. For children under 5, Utah uses a modified parent-time schedule with shorter visits during holidays. Infants and toddlers typically do not follow the full Thanksgiving break, Spring Break, or the two-part Christmas rotation. Instead, holiday time for younger children is adjusted to reflect their age and developmental needs. If your child is under 5, your parenting plan or court order will outline a modified version of the holiday schedule.
What If You Can’t Agree on the Holiday Schedule?
If your parenting plan follows the Utah statute, the holiday division is already set for you. But disagreements can still happen, especially with travel, extended family plans, or school calendars.
You should refer to:
- Your specific court order
- The Utah standard parent-time statutes
- Your child’s school calendar, since start/end times matter
If there’s still disagreement, an attorney can help clarify the order or seek modifications if needed.
Can Parents Make Their Own Holiday Schedule?
Yes, parents can agree on a customized holiday schedule if it works better for their family.
Common examples include:
- Alternating Christmas morning every year
- Splitting Thanksgiving Day instead of the whole break
- Alternating New Year’s every other year
- Assigning specific times for religious holidays
The key is that any changes should be written down, ideally in your parenting plan or a stipulated modification, to avoid confusion later.
What If the Other Parent Isn’t Following the Holiday Schedule?
If one parent regularly cancels, changes plans, or refuses to follow the order, you can:
- Document the issue
- Request make-up parent-time
- File a motion to enforce parent-time
- Seek attorney assistance
Need Help Understanding or Modifying Your Holiday Schedule?
Holiday parent-time can be emotional and stressful, but understanding your rights can help you avoid conflict and protect your relationship with your child. We can help you interpret your order, enforce holiday parent-time, or modify your schedule if your family’s needs have changed.
Contact us today for a consultation:
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