Legal Question in Family Law in Utah
I live in Utah and my ex-wife has custody of the kids. She has now made the statement that I am going against statute because there have been occasions where I have had to work during my visitation and have left them in the care of my Fiance. Statute only states that someone else can pick them up as long as I am with them by 7:00 pm. Am I correct that she is wrong and I am not going against statute?
2 Answers from Attorneys
There is no law saying you cannot leave the children with a caregiver - unless there is language in your divorce decree that addresses this subject.
The pertinent provisions of the Utah Code state: " A step-parent, grandparent, or other responsible adult designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m." In other words, if they're with your fiance as long as you're with the children by 7:00 p.m., there should be no problem. However, without seeing the language of your decree, I can't make a full determination of what the requirements are in your case. In some instances, a parent is given what is called a right of first refusal to watch the children if the other parent is unable to personally be with them for a specified period of time. Unless your court order contains such a provision, that you are within your rights to have your fiance watch the children.