Legal Question in Family Law in Utah

Child Visitations

I have sole physical care, custody and control of my 10 and 14 year old children. Their father only asks to see them during Thanksgiving and Christmas holidays and doesn't bother the rest of the year, but does see them when they are visiting his mother. He has had--name removed--DUI, assault charges against him and he and his live-in girlfriend drink and argue most of their time together. My children refuse to visit my ex, claiming that they don't like the drinking and also because of his girlfriend and her children. --name removed--Protective order filed prior to our divorce stated that we restrained from using drugs and alcohol prior to and during visitation. Can I be forced to make the children visit him? Can I also keep them from visiting their grandmother if she is drinking? When my children told their father reasons why they did not want to visit him, he yelled at them and called them names. My children also want to legally change their last name to my maiden name. Do they still need his permission to do this?


Asked on 10/13/07, 2:17 am

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

Re: Child Visitations

If your court order restricts visitation as you have said, you do not need to deliver the children into as situation which violates that order. Make sure that the order is clear. You have a duty to protect your children from harmful influences, but you must balance that with the court orders. It would be best to return to court to get an order which states that you do not need to take the children if there is drinking.

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Answered on 10/13/07, 7:40 pm


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