Legal Question in Family Law in Utah
custody
If my kids dad has no physical custody only joint legal custody and no set visitation only visitation as approved by me can I tell him he can't take the kids anymore until he is ready to financially be responsible and help pay for them?
Asked on 10/24/08, 4:32 pm
1 Answer from Attorneys
Cory Wall
Cory R. Wall, Attorney at Law, P.C.
Re: custody
No you cannot. I'm not sure what your decree provides, but generally, visitation is not the subject of approval by the custodial parent. It's a statutory right to which the non-custodial parent is entitled regardless of whether the custodial parent "approves" of it occurring. Further, the law specifically provides that visitatin may not be withheld due to non-payment of child support. To do so would subject the custodial parent to being held in contempt of court.
Answered on 10/24/08, 4:36 pm
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