Legal Question in Family Law in Utah

Custody questions....

In my divorce I gave my wife sole physical custody of my daughter retaining joint legal custody.

My x-wife indicated plans to move to Scotland in aprox 6 months from the time she told me. Aprox 2 months later I recieved an email informing me that she had already left.

She refuses to accept child support payments and has only allowed me to talk to my daughter 2 or 3 times since they left. It took months of pleading via email to get their actually address I still do not have a telephone number for them.

What are my legal rights at this point in time?


Asked on 2/06/01, 5:03 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Custody questions....

You can apply to the court where you got your divorce for a modification of visitation. Generally the modification includes some provision for fewer, but longer visits, and an allocation of the costs for transportation based on ability to pay. Make sure you keep sending support payments. If she does not cash the checks then keep the money in a special account. Keep the returned envelopes and checks. In Utah it is a felony to move a child out of the state without notifying the other parent. Although she told you, she lied about the timetable, which may place her in jeopardy of the law. You may not want to push the criminal aspect since that will alienate you and your ex even more, and will certainly make a return to Utah unlikely. Your best course of action is to change the visitation terms. You may also want to consider a change in custody if you are able to care for the child. Arguably, the child's family, friends and father are in Utah. What is in Scotland for her? The courts use a test called the "best interests of the child" to decide such issues.

Call me if you want to discuss this.

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Answered on 3/21/01, 9:55 am


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