Legal Question in Family Law in Utah

Do My children have a say?

I have been divorced 7 years and my ex and I are both re-married. we had two daughters in the marriage who are now the age of 9 and 8. recently they haven't been wanting to go to there visitaion with their dad, my 8 year old has developed anxity there and we now take her to counciling to help her and the councilor has given my ex a few ideas to help her which he is refusing to do and says there is nothing wrong with her. My 9 year old will go maybe everyother visitaion time. Now both my new husband and I try to encourage them to both go and tell them its important to spend time with their dad, but they refuse and sometimes cry. Im assuming that it maybe cuz my ex and his wife fight and yell and when my children do go they sleep on the floor cuz they have no room or beds for them, my ex is going to take me to court and hold me in contempt saying i do not let him have visitations...I dunno what to do for i think the girls should have a choice but then again they should go to their dad's.....Please help me I don't want to break the law but i feel i need to stand up for the girls.

thanks--

Utah


Asked on 3/18/06, 8:29 pm

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

Re: Do My children have a say?

Continue to work with the counselor. Ask him to determine whether the children are at risk for any harm during the visits. You need to create a records and have a neutral witness to show that the girls do not want to be with their father, and while there they ar at risk. Then if he says he will sue you for contempt, invite him to do so. You can then tell the judge what the reasons are and have a professional counselor back you up.

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Answered on 3/20/06, 10:14 am


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