Legal Question in Family Law in Utah

I have 3 children with my ex wife. We have joint custody in Utah. In our divorce decree Exhibit A (11) it states Parental care shall be presumed better care of the child than surrogate care and the parties shall cooperate in allowing the noncustodial parent, if willing and able, to provide child care. I do not work during the day when my ex wife does and would love to have the children during that time. The older two are in school but the youngest is in daycare. When I asked her is I could pick the youngest up and have her during the day instead of taking her to daycare she replied that the daycare our daughter was in was preschool and I could not take her out of school to have her. The daughter is 4 and will be going into kindergarten this August and the daycare she is in right now is also where the other children go for after school care. Am I within my rights to request my youngest daughter all day and the others after school even though the youngest is in "preschool"?


Asked on 4/07/10, 11:21 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Preschool is not regular school, and daycare is just that. You are entitled to care for her in lieu of daycare and pre-school. If the ex refuses, you can file an order to show cause why your ex should not be held in contempt of court for failing to abide the court orders (including a request for your attorney fees).

Read more
Answered on 4/12/10, 1:05 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Utah