Legal Question in Family Law in Utah
I need some information on what my rights are as being the primary physical custodian of my 12 yo son. We share joint legal custody. My ex is moving from Utah to Chicago and is trying to take my son w/ him to live "permanently" but would "allow" me to have him during the summer. We have been sharing visitation close to 50-50 but he is listed in our divorce decree as the non-custodial parent. I do not want my son to move and would like to know what I need to do to prevent that from happening. Do I have more "rights" being the primary physical custodial parent? Does my ex have to take me to court in order for my son to legally move to Chicago?
thank you
1 Answer from Attorneys
You have the right to refuse because you are the primary physical custodian. He would have to file an action in court to legally take the child.