QUESTION
My 6 yr.old visits father in summer. He said that after a few days he has to go to Nigeria for 3 weeks. Stepmom will take care of her. THIS IS NOT OK.
Asked on May 11th, 2015 on Child Custody - Utah
More details to this question:
We live in Utah and my ex lives in GA. He is in the military. He will be will pick my daughter up in Utah and then fly to Georgia to spend a few days with our daughter and then leave her with her stepmom for 3 weeks. Although my daughters new stepmom seems to be a great person, I do not think it is fair to my daughter nor her stepmom. My ex is being selfish and refuses to give up his visitation time. This has absolutely nothing to do with visitation. I have never kept my daughter from him. However, some of his trips turn into more time than what is expected. This situation is NOT in our daughters best interest. What can I do? She is supposed to leave the 22nd.
1 ANSWER
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David R. Hartwig, Esq.
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In Utah, a member of the military (as defined in state statute) does have a right to not be denied parent-time (Utah appears to be phasing out “visitation”) due to his service. That being said, the terms of the decree control, and must be reviewed in detail.
Best case would be to work through an attorney and attempt an amicable solution -- dad would not loose his parent-time, and the child would not be left with step-mom. The potential of different dates for parent-time could resolve the issue.
Worst case, you might want to file a petition to modify the terms of the decree, to avoid such problems. My reading of the law in Utah is that parent-time (visitation) is time for the parent and child to be together, it is not time to deprive the other parent of time with the child.
Take a copy of your decree to a family law attorney, and explore these options.
Answered on May 13th, 2015 at 1:20 PM