QUESTION
During a divorce is there a law that dictates my ex gets visitation?
Asked on May 04th, 2015 on Divorce - Utah
More details to this question:
I have defaulted to what joint custody, he lives out os state, according to what my state (Utah) would grant to him. He is now refusing to come to a reasonable agreement or sign anything... I am sick of being at this stand still and am thinking of saying - ok, until the divorce goes through and the custody/visitation stuff is legally sorted out - you don't get to see the kids, to get him to move. I have not lived with him for over 2 and a half years, left officially Jan 2014 and began legal proceedings in December. He drags it out every chance he gets, just passively resisting everything... but not in a Ghandi-esque way.
1 ANSWER
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There are statutory provisions that specify default parent-time (read that as visitation -- Utah appears to be going away from the term “visitation”) -- that is parent-time which will be ordered if the parties cannot agree. In your case, the out-of-state parent-time statute would be the default.
If he is not willing to agree on things, your only choice is to push forward with the litigation process, and move to trial. True, he may attempt to drag things out even there, but you will be moving forward in the case, and not have to put up with his actions (or inactions, if you will).
You need to get with an attorney. It is part of an attorney's job to be between you and the other side, to allow you emotional (and physical) room -- time to feel safe, and think retionally, rather than “putting up” with the other side.
Answered on May 13th, 2015 at 1:27 PM