Legal Question in Family Law in Utah

Child Custody, Moving out of state, Ut joint custody.

I will be getting remarried next year to a wonderful man in Chicago, IL. Currently I share joint custody with my Ex whom refuses to allow our two children to move out of state for the school year. I have offered him (paid) visits for ALL holidays, school breaks and the entire summer. He can hardly work their visitation of every weekend (his choice, mind you) into his busy schedule. The children cry every time they have to go stay with him and his new wife. There are 5 of them crammed into a 2 bedroom home. In Chicago, they will have the opportunity to go to a wonderful private school, and have a spacious home to live in. The children have consistantly voiced their desire to move with me to myself and their father. I have been the primary care provider for the 9 and 1/2 years we were married. He was gone, by choice (guard) with the military over 50% of our marriage. I want to know what my rights are, and what I need to do to make this work. I am in NO WAY trying to keep the children from their father.. I just know that the life that will be provided for them in Chicago will be in their best interest over staying in Utah. Please Help Me!!!


Asked on 12/03/07, 8:09 am

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

Re: Child Custody, Moving out of state, Ut joint custody.

Assuming you have primary physican custody (aka residential custody) You are required to give him written notice of your intent to leave the state with the children. You will also need to review the terms of the divorce decree, which may have provisions which require additional steps. When you leave the state, visitation will be governed by UCA 30-3-37

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Answered on 12/03/07, 10:23 am


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