Legal Question in Family Law in Utah

my ex has court ordered visitation. can i keep my son from him if i don't feel he is safe


Asked on 7/20/10, 10:49 am

2 Answers from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

Not really. Without knowing more, it's really hard to say. Unless you can be more specific about the safety issue, it's difficult to determine whether you're within your rights to withhold visitation.

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Answered on 7/20/10, 1:58 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

You can keep your son IF you can show the cause for his being unsafe. Example, ex comes to pick up your son and is reeking of alcohol. OR ex lives with known registered child abusers. You may and should deny him permission to take the child.

It is your obligation to protect your son. HOWEVER, you cannot deny visitation based on a "feeling." If you do deny visitation you should have a witness or be able to get independent verification.

You should also have a court order that defines the boundaries of visitation and that gives you the right to deny visitation if the risk is apparent. Go to court to get an order.

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Answered on 7/21/10, 8:11 am


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