Legal Question in Family Law in Utah

No access to my son after remarriage

My ex-wife, who has resided in Utah since the divorce, just got remarried and left with my son to Florida. Despite promises of 2-3 calls a week and access to her cell and landline telephones, she has not given me that information. In addition, she threatens legal action if I email her (harassment), even regarding my son. Our visitation arrangement is invalidated due to travel costs and distance. What are my recourses and rights in this situation?


Asked on 8/16/00, 2:05 pm

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

Re: No access to my son after remarriage

Utah law requries a departing custodial spouse to notify the ex-spouse prior to leaving the state. Failure to do this may leave her open to sanctions and possible criminal violations. If the divorce action was filed in Utah; or if both of you were Utah residents in the last 6 months you may want to file an action to modify custody in Utah court. If she becomes a Florida resident and files an action there you will have to get a Florida atty. So you must act quickly to file for modification of visitation to provide for a schedule of visits and who pays the airfare. Ultimately you cannot prevent her from leaving, but she is obligated to make reasonable accomodations so the kids can see their father. CAll me for a free consultation....801-876-4422

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Answered on 9/22/00, 4:30 pm


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