Legal Question in Family Law in Utah

custody

husband ran off with a woman he married in a spiritual ceremony in 2004. I filed for divorce in 2005. Husband and I have 5 children ages 3-17. Husband never set up any visitation schedule but instead insisted, in 2005, on popping in and out whenever he chose-usually going 2-4 weeks in between. That ended when he skipped the state in early 2006. Father made only one attempt in Dec. 2006 to see children by giving an hours notice after 8 months of no contact accept an ocassional letter. Father then dropped by for a visit, with no notice, in April 2007 and is now insisting on custody. Divorce is still pending but can he actually have custody? He still has never set up a visitation schedule and insists on stopping by without notice if he happens to be in town (he claims he only comes to town for business and therefore cannot give notice because he doesn't know when that will be) Does he have a right to unravel my life like that and could I get in trouble if I tell him ''no''? Could he get custody?


Asked on 8/30/08, 6:13 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: custody

He is not entitled to anything unless there is a court order in place. IF there is an order, then that dictates what is allowed. Generally notice is required, or a schedule to follow.

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Answered on 8/30/08, 11:10 pm
Edward Stone The Stone Law Firm

Re: custody

Unless you are physically or sexually abusive of the kids or you have a substance abuse problem or serious mental health issues, his chances of cusrody are not great. I would offer him standard visitation so that it doesn't look like you are purposefully withholding visitation and insist that he sends you a confirmation email at least a couple of days before weekend visitation.

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Answered on 8/31/08, 11:21 am


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