Facebook Pixel

Parent Time and Children’s Best Interests – “Rebuttal Presumption”

Happy Father & Daughter

Utah Code Title 30, Chapter 3, Section 34 (May 2021) addresses the best interests of a child in the establishment of a parent-time schedule. Application of Section 34 of the Utah Code depends upon a legal precept called “rebuttable presumption.”

Click to jump to section:

If you are involved in a case for child custody or Parent Time in Utah, the experts at the Law Office of David Pedrazas PLLC can help you defend your rights. Call Now!

Contact Us Today!

What is a Rebuttal Presumption?

This legal term refers to the rule of law — under which the rule may be assumed to be in force based on the presence of facts that are conclusive when there is not any evidence to the contrary.

The title of Utah 30-3 Section 34 and the statement of Subsection 34.1 together serve to clarify the relevance of the principle of rebuttable presumption to this section. They make clear that the rebuttable presumption is effectively applicable when divorced parents do not find a way to reach an agreement on a parent-time schedule. The judge may hand down a court-ordered parent-time schedule in such situations, per Section 30-3-35, 35.1, 35.2, or 35.5.

Utah Parent Time Guidelines

Utah Code Section 30-3-33 lays out advisory guidelines for creating a parent-time schedule. Section 30-3-35 and 30-3-35.5 layout a parent-time schedule for what must be considered the minimum amount of parent-time. Section 30-3-35.5 even stipulates the specific days of the year that the noncustodial parent shall be permitted to spend with the child.

However, before creating a parent time schedule, the judge will utilize the guidelines under Utah 30-3-34, as iterated below, to determine how to proceed. This section of the State statutes specifies the following considerations to be used in determining an appropriate order for a parent-time schedule:

  • The child’s sibling’s parent-time schedule.
  • A significant habit of canceling, denying, or missing routinely scheduled parent-time.
  • There is a credible accusation of child abuse.
  • Insufficiently demonstrated skills in parenting without protective measures in place during parent time to secure the child’s well-being.
  • The distance from the child’s residence and the noncustodial parent’s home.
  • The noncustodial parent’s financial inability to provide sufficient shelter and food for a child during parent-time.
  • The child’s preference, in cases in which the judge finds that a child is mature enough.
  • If parent-time would put the mental or physical health of a child in danger, or have a significant negative impact on a child’s emotional development.
  • Incarceration of a noncustodial parent in an adult or youth correctional facility.
  • Interests shared by the noncustodial parent and the child.
  • Indicators of neglect, physical, emotional, or sexual abuse, or domestic abuse in which the child, or one of the child’s parents, or a parent’s household member were involved.
  • The extent of the noncustodial parent’s involvement in the child’s school, religion, community, or other activities in which the child is engaged.
  • The noncustodial parent’s availability to provide care for the child when the custodial parent’s working or at times when circumstances require the custodial parent to obtain childcare.
  • Lack of available alternatives that can reasonably meet a nursing child’s needs.
  • Minimal bonding between the parents prior to the child’s conception.
  • Any other considerations that the judge decides are relevant to a child’s interests.

Utah Courts’ Options in Parent-Time Orders

A court order for a parent-time schedule is always grounded in evidence of what serves the child’s best interest. The judge will provide the reasons for the inclusions in the order for parent-time governed by a parent-time schedule that is to be utilized as set forth in Utah 30-3-35 or 30-3-35.5.

If the court order stipulates less or more parent-time than typically included in the schedule under those provisions, the judge will also provide an explanation for that decision.

After a parent-time schedule is established, the parents are not legally allowed to change the parent time schedule unless there is mutual agreement to do so or a court order granting the change is obtained.

When approaching the court for alteration of the parent time order, you need the best Utah parent time lawyer, to ensure that your child’s best interest and all your parental rights are fully protected.

Attorney David Pedrazas, Salt Lake City Utah

For more than 20 years, Attorney David Pedrazas has been helping people in Utah through the difficulties of divorce and child custody cases. He has been recognized as one of Salt Lake City’s best divorce attorneys by the National Academy of Family Law Association, the American Institute of Family Law, and the American Academy of Trial Attorneys.

If you are involved in a case for child custody or Parent Time in Utah, call the Law Office of David Pedrazas PLLC, Salt Lake City UT, at (801) 263-7078 or use our online option to schedule a review of your case.

Download PDF

What Our Clients in Salt Lake City are Saying

I first had the pleasure to work with David about 10 yrs ago with my divorce. Everything went smoothly with me getting full custody of my children and child support. Fast forward to about a year ago I contacted David once more to help me with arrears. After a couple bumps in the litigation and David doing an awesome job we won and I got everything I asked for. I can’t thank you enough David for fighting for me and helping me close that chapter in my life! Good always prevails!!
elizabeth guerrero
elizabeth guerrero
17:48 09 May 23
Mr. Pedrazas is a professional and he knows what he is doing. He helped my partner with custody of his daughter. It was a long, sad, brutal trial but David was so incredible and we had the most amazing outcome. He is very dedicated to his work. He is upfront and honest. He was the best decision we ever made.
Ashlee Cravens
Ashlee Cravens
01:18 09 May 23
You will not be disappointed.
Lauren Collins
Lauren Collins
16:25 02 Apr 23
David helped my friend through an impossible situation. He cares, and he does an amazing job. He is not your typical attorney.
Willis A. Mower
Willis A. Mower
19:54 03 Jan 23
Gave good advice and talked to me without charging me a retainer fee
Katherine Heiner
Katherine Heiner
10:50 05 Oct 22
Hiring David for my divorce case was the best move I made in the whole process. I wish I would have hired him from the beginning.Early on in my case (before hiring David) we went before a judge to get temporary orders. Unfortunately the judge gave my ex full custody and ordered me to pay an extreme amount in child support and alimony. I was always a very involved father and had done so much to support, provide, and be there for the family. In a matter of minutes it was all stripped away! I felt very alone, hurt, and lost.There was no reason or past history that would justify taking the time with the kids alway.My ex and her attorney had gotten everything they wanted and more. Even though these were temporary orders it emboldened the other party and now they expected the final decree to pretty well match the temporary orders. I felt the odds where against me. I live in a small rural town, had temporary orders all in her favor, and I was the man in the case.I knew I needed a different attorney to get time with my kids. So I searched for the top rated family attorneys in Utah.David Pedrazas kept coming up on my searches as one of the top 3 attorneys in the state. At first I was worried to reach out to him, I feared he wouldn’t want to help me since I lived in a rural town hours away from the Wasatch Front. I also worried there was no way I could afford such a great attorney. Luckily I reached out to him! He was quick to respond and we set up an appointment to discuss my case. After meeting David I knew I needed his help to get my time with the kids back. David’s retainer was manageable, and well worth the price to fight for my kids.Fortunately, we were able to settle the case in mediation. I have no doubt that it was David’s experience, knowledge, and skills that made this possible. He knew exactly what to say and when during mediation. At one point things weren’t looking too promising in mediation, and David took control of the situation and made it very clear what we wanted and expected. He came up with some great ideas and offers to give to the other party. During the process I felt I needed to trust David and his methods and suggestions! Boy am I glad I did!!!! I trusted his advice and followed it. The next thing I knew my ex had settled with us giving me 50/50 physical custody, and setting child support at an amount that would work for everyone!I definitely recommend David Pedrazas as a family attorney! He actually gets back to you, keeps you updated, and knows when to fight for what is right!!!!I recommend him to all my family and friends if they need an attorney, and would not hesitate to hire him again!!!!Thank you David!!!!
Richard Wallis
Richard Wallis
00:48 29 Mar 22
First time hiring an attorney - I chose David because of the other great reviews he has. All true. Great experience from start to finish. I paid the retainer and then he gave me free, responsive, useful legal counsel on multiple occasions. If I require assistance in the future I will be going back here. (FYI his office looks different than the picture that looks like a house)
Bill McDoy
Bill McDoy
16:01 24 Sep 21
I live in Georgia, my now ex-wife left the state with our four children and moved to Utah. She made false allegations of domestic violence to justify her reason for leaving and would not let me see or even talk to our children. I had no idea where she went and by the time I was able to locate them Utah had jurisdiction.I researched many lawyers in Utah. It was kinda scary to hire and pay a lawyer over the phone without meeting in person. I really wanted to get the best possible lawyer because my children were at stake and they asked me to please try and get custody.When I came across David I really felt like I had the right lawyer. I read all the reviews and they felt sincere, now I definitely know they were.David is a Great lawyer, the best I’ve ever dealt with! David is on top of his game and will not hold back! David is an exceptional trial lawyer, he is aggressive just like you want and really knows his stuff!David was always really easy to get in touch with and would call you back the same day if he was busy. I felt really confident through the whole experience with him on my side. I knew I made the right choice by hiring him.David is very thorough and suggested a GAL with turned out to be really helpful. David stayed committed to the case the whole time!I started the process with no contact or even phone call’s with my children. During the process David got me phone call’s, then visits.The outcome was amazing! I am still in shock of how great it turned out! After the accusations and the kid’s being gone almost two years David got me sole physical custody! The court ordered for the kid’s to come home to Georgia from Utah! He even got the court to order my now ex-wife pay child support.The court pretty much ordered exactly what David asked for. I definitely feel like I got the best possible outcome by far and the best possible lawyer! I feel truly blessed I had David as my attorney and would highly recommend him to anyone!I cannot express my gratitude enough! Thank you so much for helping my family David!
Mason Martin
Mason Martin
01:13 26 Jun 21
I have never reviewed anybody or any business before but what David has done for me I felt the need to share my experience. He took care of everything to do with my case and made a horrible situation with child custody seem bearable and under control. I recommend David to anyone that needs an attorney with a back bone and doesn’t play games.
alex bergman
alex bergman
18:39 24 Jun 21
David is far the best custody lawer in utah.I never would have got custody of my child if I hadn’t hired him.He is very aggressive and he knows the laws.He is very responsive and always calls you back quick. He answers all your question and is very good at explaining to you what’s going on and what your options are I want to thank you David for all you have done for me and my child you sir are a rock star.
Clinton Beverleigh
Clinton Beverleigh
00:09 05 Jun 21
Pedrazas represented me in a very tough divorce case that involved assets, property and custody. I could not be happier with the level of professionalism, the compassion, and straight forward advice. He went above and beyond for me and without getting into specifics got me EVERYTHING that I wanted in our case. There are attorneys out there that will bleed you dry ... this is not DP. Don't be fooled by the calm demeanor ... I saw one of the most intelligent and powerful negotiations I have ever seen by him in our mediation. Thanks DP. If you find yourself in need of a family lawyer I can say that he is by far the best I have worked with.
William Pipes
William Pipes
20:17 15 Apr 21
Our family needed custody advice and representation. David Pedrazas was knowledgeable, professional, candid, and a true advocate! You can trust that your case will be handled with attention to detail and compassion. You truly are getting the best in the family law business with David!!
Crystal Flynn
Crystal Flynn
17:56 05 Mar 21
David is very knowledgeable and experienced. After dealing with a lawyer that did nothing and charged plenty for it, David was a relief! He got the case moving in a productive direction and provided realistic insight and expectations. He communicated with the other lawyer, set up mediation, advised me during the mediation and followed through with finalizing the divorce modification paperwork. Of course, both sides had to compromise, but we resolved many problems and the outcome was an improvement.David didn't nickel and dime me for every email I sent - which was amazing! It's hard to work with a lawyer knowing every request for direction is going to cost you $100. David was not like that at all! It felt like he was NOT focused on my money. Thank you for that!To date, I've dealt with more family law attorneys than I prefer, but David is the one I can recommend the most. He's honest, reliable, will let you know what's reasonable and responds quickly.I agree with everybody else on here. Use David. He's earned this spectacular rating.
Hugo Jones
Hugo Jones
20:09 04 Mar 21
David handled my lengthy divorce great. I was very worried when learning of who my, now ex-spouse, obtained for his attorney. (You know, the one everyone hires to screw over their spouse in divorce). David wasn't afraid to go to bat for me. He handled my drawn out divorce (made extra long with COVID happening), and I was satisfied with the outcome. Even though divorce is never fun, I highly recommend him.
Ashley Jones
Ashley Jones
20:41 04 Dec 20
Both pre Covid-19 and present Covid-19, David has shown me what a stellar attorney he is. One of his best qualities to me as someone looking for litigation is his responsiveness. He gets back to you extremely quickly, and will give you the time of day. He will get things done. Be like David and don't wait! Get in touch with him.
Cody Martin
Cody Martin
14:23 30 Oct 20
When working with David, he was very genuine in our conversation. He cares about his clients and wants the best for them. I would recommend and have already recommend David when it comes to family law matters.
Eric Roddom
Eric Roddom
20:49 28 Sep 20
From the first time I spoke with David he was super helpful and responsive. I transitioned over to him after dealing with a lawyer that was slow and constantly giving me the run around. He made the process quick and easy for me, so much so that one day, he emailed me and said I was divorced and I did not believe him.
Renee Lubavs
Renee Lubavs
14:47 04 Aug 20
David is amazing and I especially recommend him for anything that feels IMPOSSIBLE! He takes impossibility as a challenge to make things possible.David is highly experienced and I’ve referred him to many family and friends. He is more than fair, even GENEROUS, with his fees and is flexible with retainer payments to accommodate those unplanned and emergent situations.David knows the “ins and outs” of Family Law and is an incredible negotiator! He thinks outside the box and holds his clients’ interests in high regard. Lower your stress and anxiety...give him a call now! You’ll be glad you did.
Cassie Lambert
Cassie Lambert
17:18 16 Jul 20
At first i had my doubts with my full custody case i took to Mr. Pedrazas. But he was an honest person who gave me the answers of not what i want to hear but what could happen if i don’t provide the right evidence to fight for my kids full custody. Most of the time we expect things to go our way but with the knowledge Mr. Pedrazas have about the law makes him the right person to be on your side legally. And because of him my kids are now safe with me and now have full custody! Thank you Mr. Pedrazas
Muese Sione
Muese Sione
21:05 06 Jul 20
You will get straightforward information about the law. Very professional and returned my call quickly.
Brandi O
Brandi O
11:41 20 May 20
So happy with the work David did for my custody case! Would recommend! 100%
Chinita Kimm
Chinita Kimm
00:25 09 May 20
David helped me with my divorce a couple years ago. Very quick and painless process with his help. From the initial consultation, he was very straightforward and helped me understand the options I had so that I could make the best decision for myself. He was reasonably priced and prompt in both communication and filing. Definitely recommend him to anyone in the Salt Lake Area
Marly Davis
Marly Davis
21:00 26 Feb 20
I strongly recommend David for anyone who is dealing with extremely high conflict ex spouses. Child custody evaluations are becoming common on cases when parents dispute schedules, and they can be time consuming, confusing and expensive. David is very knowledgeable of evaluations, statutes, rules, and motions. He successfully fought to see that my ex had his entire motion dismissed completely in the last few weeks. His court demeanor and preparation is exactly what is needed when you have lengthy court procedures that aim to change parent time or custody standings. This is the attorney you need if you have any custody or divorce needs!
Tessa Kohl
Tessa Kohl
16:54 13 Feb 20
David was great to work with. I had a very long dreadful case and I'm glad i had him to represent and support me through it. He is always available, he will return your calls & emails right away, he truly takes his cases seriously and cares about his clients. Will always use him again in any legal matter and i 100%recommend him, he's the best!
Diana Herrera
Diana Herrera
19:28 09 Feb 20
David was amazing. He fought hard, worked with me, and shows that he truly cares for people. He always got back to me in a timely manner, kept me updated with everything and to this day anytime I have questions or concerns he is always there. I recommend him highly to anyone looking for an excellent, professional, Affordable and caring Attorney. He Truly fights hard and shows it in the court room. Thanks David for helping me get my kids I couldn't have asked for anyone better.
Brandon Muir
Brandon Muir
00:47 08 Feb 20
David made sure that not only did my divorce go smoothly, but that things were taken care of. He pushed to make sure I got what I wanted and what was fair. He gave great advise and always had an answer to my questions. He made sure that when it was my court date or paperwork needed to be done, that my case was the main focus. I heard about him from a friend and I’m glad that he is my lawyer!
Felicia
Felicia
01:18 07 Feb 20
David did an amazing job, the ex wanted to take 100% of my house and my boy and leave me with nothing. David made sure I got 50/50 on both... everything I asked for, he gave me. Thank you David.
Stuart Graham
Stuart Graham
01:11 05 Feb 20
I would strongly recommend hiring or consulting with David during any family or child law case. His experience shows in his ability to provide clear answers during what is usually a very difficult time in life. He has been established in the local area for some time and knows how to navigate the system to get desired results. In addition to frequent email communications, he was flexible with my work schedule and we met face to face multiple times after normal work hours to ensure that we were both on the same page and that we had all the necessary data to present a strong case. That was a big deal to me, and David will do that for his clients. On top of all that, he is a friendly person that is understanding of the difficult circumstances of a divorce and child custody which he puts all efforts into helping you get results. I would not hesitate to continue consulting with David if there are future needs.
Matthew Sand
Matthew Sand
18:33 18 Dec 19
As a past client of David, I highly recommend his services. He was very knowledgeable throughout the process and helped make the best outcome possible.
Josh Roberts
Josh Roberts
16:55 06 Sep 19
Mr. Pedrazas is realistic and straight forward in his advice and instruction. A very competent and insightful Attorney for any legal matter. Handles himself appropriately and professionally in the courtroom. Thank you for your work.
D Plummer
D Plummer
01:55 05 Sep 19
David was amazing I pre-paid him and he did everything very timely manner and give me very good details to protect myself I highly recommend them to everyone
merlin jacobsen
merlin jacobsen
15:18 26 Jul 19
I went to David with a custody issue that had significant time restraints and what I’m sure what not the “norm” (if there is such a thing). David did not miss a beat. Always quick to return a call or a rambling email. Highly recommend!!
Louise Myers
Louise Myers
02:25 12 Jul 19
Great source of information
Heather Latimer
Heather Latimer
03:55 11 Jul 19
Our community is well served by the award winning law firm of David Pedrazas, PLLC. This firm has won many awards for outstanding service including the “Reviewer’s Choice” award for best attorney and Avvo’s “Client Choice” award. You can trust them to represent you well.
A R
A R
03:04 11 Jul 19
Went in for a consultation with a close friend. So impressed with the information provided and advice they gave to help her in her situation. Not surprised by her confidence in their services.
T Mana
T Mana
01:18 11 Jul 19
David Pedrazas’ law firm has won many awards, including the “Reviewer’s Choice” for best attorney and Avvo’s “Client Choice” award. They are a positive benefit to our community.
Melanie Spendlove
Melanie Spendlove
01:00 11 Jul 19
Very professional and know what they are talking about.
Lawrie Thomas
Lawrie Thomas
00:49 11 Jul 19
I have to give kudos to Delta Airlines. I took a trip to Nashville on March 1st 2019. After a very disappointing business conference and feeling like it was a huge waste of money and my time I arrived at the terminal with time to spare. So I got lunch and ate it while waiting to board. When the time came I boarded the plane and was looking forward to just getting home when all of a sudden a flight attendant was calling out my name. My attention perked up at hearing my name and I was obviously a little confused. She came over and asked, "are you Julie Jensen?" I said yes, and she proceeds to hand me my wallet.In my bad mood and feeling the whole trip had been a huge let down I inadvertently had walked off and left my wallet sitting on the floor in the terminal. Not only did it have cash, but my passport, License, credit cards ect but it also had my layover and airfare ticket to get home. I didn't even know I had walked off and left it until she brought it to me. I can't even tell you the rush of emotions I felt all at once in the instance. I will be forever grateful that the plane did not take off before I got my wallet back and that the flight attendant was discreet when handling the situation. Thank you Delta.
Julie Jensen
Julie Jensen
00:15 11 Jul 19
Ive been told these guys are great to work with!!
Courtney LaGiglia
Courtney LaGiglia
23:28 10 Jul 19
Dave and his staff are extremely professional and I highly recommend them. I really like their comprehensive website. Lots of resources and links to assist if your going through a divorce. I can see why they got so many awards!!
James Thorp
James Thorp
22:01 10 Jul 19
I have never had to use them but have heard very good things and will call them if I ever need legal help.
James Richins
James Richins
21:45 10 Jul 19
Honest staff, trust their advice! Great company
Valerie kuehn
Valerie kuehn
21:19 10 Jul 19
I read stars very good wow & people attended u work nice, great Job & helped understand 👍😬👌❤️👏.
Julie Lein
Julie Lein
20:04 10 Jul 19
They are building an excellent reputation for quality representation.
I have not used them personally but I have heard they are fantastic!
Nicole Zimmerman
Nicole Zimmerman
19:24 10 Jul 19
Great law firm that helps out their community by providing excellent legal advice and representation!
Joey
Joey
18:49 10 Jul 19
I have never use this law office. But I've heard good things about them..
angela mielke
angela mielke
18:17 10 Jul 19
If you need a good lawyer in Utah, this is the lawyer to use! I personally haven't used this law firm, but I have heard nothing but great things!
No No
No No
18:13 10 Jul 19
He was a great help to my sister!
Jessica Nelson
Jessica Nelson
17:43 10 Jul 19
Great business that deserves your support.
Libbie Bakker
Libbie Bakker
17:37 10 Jul 19
I have heard positive things about this firm and if ever i need legal help in the future i know exactly who to call.
Octavia Schubert
Octavia Schubert
17:32 10 Jul 19
❤️❤️❤️👌🏽👌🏽👌🏽
Mercedes Lindstrom
Mercedes Lindstrom
17:17 10 Jul 19
Great!!
Sarah Sargent
Sarah Sargent
16:59 10 Jul 19
I have heard good things about this law firm.
Nanette Olson
Nanette Olson
16:51 10 Jul 19
Few lawyers have a great reputation. This one deserves all the accolades!
Larisa Elder
Larisa Elder
15:56 10 Jul 19
My friend was caught up in a nasty child care battle with her ex husband. The law attorneys at David Padrazas was able to help set things right with both parties. The best thing is children are able to spend time with both parents and no hard feeling exists.
Leslie Waters
Leslie Waters
14:53 10 Jul 19
The positive reviews and awards they have won would put them in top of my list of who to call if I need legal assistance.
Janet Taylor
Janet Taylor
14:40 10 Jul 19
My sister in law have used their services and as a single lady it was intimidating. They put her at ease and made sure she understood every step.
Emily Girls
Emily Girls
14:18 10 Jul 19
A family member used them and was extremely impressed. They and I would highly recommend them to anyone looking for a divorce lawyer. They get things done and done extremely well.
Pam Allison
Pam Allison
14:08 10 Jul 19
Very impressed with all the amazing things this law office does for the community
Alecia Peacock
Alecia Peacock
13:53 10 Jul 19
5 stars!!!!
Leslie Petersen
Leslie Petersen
13:51 10 Jul 19
They work well with others, and are amazing I highly recommend this place! They have great skills and really easy to work with!
Kelsey Warren
Kelsey Warren
13:43 10 Jul 19
Awesome job winning “Reviewer’s Choice” for best attorney and Avvo’s “Client Choice” award. Thanks for doing such an amazing work giving back to our community
LevisAmanda Wiggins
LevisAmanda Wiggins
13:15 10 Jul 19
They are very attentive to each and every client. They offer amazing services with one on one time with each client to really meet their needs. Everyone there is incredibly kind as well.
Kayla Bell
Kayla Bell
13:09 10 Jul 19
Great people to work with!
Shana Mortenson
Shana Mortenson
12:52 10 Jul 19
These guys are awesome they help me with so many cases you guys should check them out
Jesse Nell
Jesse Nell
11:54 10 Jul 19
A family member used them when going through a tough divorce. I would 100% recommend calling David, great firm, great people!
Heather Jeppson
Heather Jeppson
11:19 10 Jul 19
Love the integrity and values you clearly see
Stacy Stevens
Stacy Stevens
10:33 10 Jul 19
Highly recommend!!!!!
Cali Shauan
Cali Shauan
10:07 10 Jul 19
js_loader

CALL US (801) 263-7078 for an Attorney Consultation in Salt Lake City, UT

No one should have to face a difficult family law situation such as divorce without experienced guidance and an effective advocate to stand up for his or her rights and best interests. Our law firm provides family law and criminal DUI legal services to anyone through the Salt Lake valley.
 
Contact Us!