Legal Question in Family Law in Utah
My ex-wife currently lives 151.6 miles from me. Our divorce decree states that I was granted statute 30.3.35, but that she is required to meet me half way for 1 visitation a month and I am required to drive to her house for the remainder of the visits for the exchange. She has just notified me that she will be moving even farther away by about 25 miles in the next few months. She stated that we will need to work out a new custody arrangement. Can she change this and only allow statute 30.3.37 just because she moved or would she have to bring this before a judge if I did not agree to the change she wants? Our decree does not state anything such as "so long as they live in their current cities" because I anticipated she would do something like this.
2 Answers from Attorneys
The sections you cited are default provisions. You can always return to court to get the visitation amended. If you do not agree you will need to present a new plan and bring it to court.
You may call for a free consultation 801-876-4422
The provisions of 30-3-37 are basically guidelines. The court has the discretion to fashion any kind of reasonable parent time schedule it feels to be in the best interests of the children, including the allocation of travel expenses and who provides transportation. If she's going to cause you difficulty, you would be well advised to seek legal counsel to go back to court to address these issues. I offer a free initial consultation. Please feel free to call my office at (801) 274-3100 to schedule an appoiintment with me if you would like. Thank you.
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