Legal Question in Family Law in Utah
Full Custodial Parent Decision Making
My husband and I have visitation rights for his five year old daughter. When she visits, she chooses to sleep nude, which we allow (after research to ensure we are not harming her development). Her mother has deemed this unacceptable and thrown down that unless we cease the practice, she will haul us back into court -- and that she will come on top due to the fact that as custodial parent, she dictates EVERYTHING that can/not happen with our child.
Not sure if it matters -- I sleep nude or in pajama bottoms. My husband sleeps in his underwear.
Does she have a leg to stand on? Can she dictate what our (collectively) child wears to bed when she is in our home?
1 Answer from Attorneys
Re: Full Custodial Parent Decision Making
If your husband has joint legal custody of the child, he has the right to dictate such matters while the child is with him. Ideally, this is something which the parents will come to agreement on. The ex does not dictate anything. The court order and parenting plan set forth the rules of custody. If there is a disagreement then the parties need to go to mediation. If not resolved at mediation than the parties can go back to court.
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