Legal Question in Family Law in Utah

child custody - permission rights

My daughter, and ex son in law have joint legal and physical custody of my 6yo granddaughter. Recently, I was given an unexpected opportunity to purchase plane tickets at a low cost to visit my son who is in the military, and is transferring overseas for 3 years with his family. My daughter has given me permission to take my granddaughter with me for a 5 day trip. This trip will encompass 3.5 days of my daughters parental time, and 2 days of her ex husband's parental time. Must I also have permission from my ex-son-in-law, or does my daughter have the power to grant the permission? Normally, we would have given 30 days notice, but the opportunity was unexpected. My GD has not seen her cousins in 2 years, and with the pending transfer will not see them for another 3 years, minimum. The EX has all of his family locally, and my daughter's family is spread all over the country. The EX has historically not been amenable to our taking the child out of the local area. Please be aware that my daughter has always accommodated the requests of the EX's family for additional time, even though they are all local.


Asked on 2/25/09, 11:55 am

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: child custody - permission rights

Normally, if you will be taking your granddaughter during a time when she is normally supposed to be with her father, you would need his permission to take her. However, you mentioned that the parties have joint legal custody. Depending on what is contained in the documents regarding the joint legal custody, there may be a requirement that both parties be flexible and accomodate one another in allowing the child to participate in special family functions or activities which, in this case, I believe would apply. Without seeing those documents, I'm not in a position to give you my interpretation of what would be required.

Read more
Answered on 2/25/09, 1:13 pm


Related Questions & Answers

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