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I have a temporary order in the state of Utah for child custody and the children are currently visiting their dad out of state. In the order, according to the order there is an item (13. Special consideration shall be given by each parent to make the child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with the parent-time (visitation) schedule.) I just found out today my mother is terminallyn ill with cancer and I attempted to reach out to him and discuss the children coming home sooner given the circumstance. He gave me pushback. Do I have a legal leg to stand on?
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Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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Your order appears to contain language from statute about special considerations. However, I do not see that learning your mother has a terminal illness (cancer) falls under the listed events; and, yes, you do need to be close to the language to succeed.
Your mother's diagnosis, while terrible, is not a special consideration. It is not an ”event“ that will happen on a particular day. Your mother may be alive for weeks, or months, yet to come. As such, there is no basis for shortening dad's time with the children.
Answered on Jun 15th, 2015 at 9:21 AM