Legal Question in Family Law in Utah
I was awarded physical custody of my children in my divorce almost 3 years ago. In our divorce it is stipulated that we follow the Utah State Parent Time standard visitation schedule. My ex-husband decides to make plans during his parent time and does not tell me. Then he refuses to take his parent time with the kids. What can I do if he refuses the children's right to parent time with their father?
Also, most of the time when he does have them he is not home , because he is out with his friends or a girl friend. During this time he leaves our children with a mentally challenged senior citizen who has placed the kids in many dangerous situations. If he is not home for his parent time is it okay for me to pick them up?
He will ask me nicely to trade him weekends so that he can go out with his friends, which I have accommodated many times, but then when it is my weekend (which has now become his weekend, due to the trade) he refuses to take them. I have told him now that I am no longer willing to make this trade because then when I make plans I have to cancel them because he does not follow through with his promise to take them.
I am not sure what to do....please help me & my children so that this issue no longer needs to be a disruption in our lives.
Thank you!
1 Answer from Attorneys
You cannot force him to take his parent time or be a good dad. If he is not with the kids you are entitled to have them, such a provision should have been included in your decree. You should not allow your children to go into a dangerous situation.
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