Legal Question in Family Law in Utah
I have a final divorce decree. It has a list of the minimum parent time schedule for children 5-18. My ex is going off the parent schedule Online that greatly differs from the one provided with our divorce decree. It says that it was modified in 2010 which was after our divorce. My question is which parent time schedule do I follow? I am assuming the o e that was provided to me by the courts, but I want to make sure. We live in Utah.
2 Answers from Attorneys
It depends on the exact language in your divorce decree. If the decree incorporates the statutory minimum schedule, then she may have an argument that the new, amended statute now applies. But if it actually spells out the schedule directly in the decree - even if the language came from the statute - the provisions of the decree are controlling. Neither parent can unilaterally change the schedule without going to court, in most cases. You may want to have an attorney look through the decree and advise you based on the specific language.
Court orders take priority over the "online" statute unless there is language to the contrary in the court order.
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