Legal Question in Family Law in Utah

joint custody

Hi, I am recently divorced in the state of Utah, and I have a question concerning daycare. In my divorce decree it mentions that I need to pay half of whatever daycare expenses there are. My ex-wife says she wants to put him in day care temporarily -- ''pre-kindegarden'' while she is going through a job change -- however, my ex-wife chose the daycare without my consent, and I really don't have the funds available to pay for the daycare expenses, but my work schedule will allow me to watch my son myself, although I am three hours from my ex-wives residents. However, when I mentioned this option she refused to let me have him although I do have joint custody. My question is, if I am able to take care of my son for that period of time, but can't afford the daycare, am I obligated to pay for the daycare expenses, even though my schedule would permit me to watch him?


Asked on 1/16/08, 2:40 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: joint custody

It depends on the language of your decree. When I write a decree, the other parent always has the first right to watch a child, rather than place the child in third party daycare. If your decree is silent, you can ask the court to modify it to make a specific provision.

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Answered on 1/16/08, 3:53 pm


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