Legal Question in Family Law in Utah
child visitation
i have supervised visitation with my daughter because of drug use, the divorce papers say i have to be clean for 9 months before I can have my daughter on my own, but my ex keeps changing the date that the 9 months starts, she thinks it starts when she decides and not the date the divorce was final. Do you have any information or where I can find some help with this. I really can't afford a lawyer right now and the divorce has been final for 1 1/2 yrs. What can I do so that I can see my daughter on my own and not be supervised, when I do get to see her it is only for 4 hours when ever she decides that I can it's all on her when I can see my daughter.
2 Answers from Attorneys
Re: child visitation
Without seeing your decree of divorce, I'm at somewhat at a disadvantage concerning how the language can or should be interpreted. Nevertheless, if the decree simply says 9 months, that period normally should run from the date of the entry of the decree of divorce. If she's not in compliance, then you need to take her back to court to enforce the decree. Unfortunately, unless you know how to handle the procedure on your own, it normally does require an attorney to represent you in that type of action. Thank you.
Re: child visitation
The nine months begin with the date the court entered the order if at a hearing, or not later than the date the order was filed. If just in the decree, then the date the decree was filed.
Your ex does not have the right to state when you get visitation, it should be on a schedule.
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