Legal Question in Family Law in Utah
Make up visitation
We moved out of state 9 months ago and have tried to negotiate a visitation schedule out of court with the childrens mother. She has stalled and has refused to allow visitation except as outlined in the decree even though we cannot exercise it. We have only seen the children 96 hours in the last 9 months and she does not allow any phone contact. Now the mother is getting married and moving to the same state as us and is again only allowing visitation as outlined in the decree. Are we entitled to make-up visitation? Would a judge grant it if we spent the money to go to court? Would it be worth the fight and is it best for the kids? I know they miss us and their new little sister.
2 Answers from Attorneys
Re: Make up visitation
The children know their father, and need a relationship with them. When you moved you were entitled to the out of state visitation statute, which offers modified visitation. The mother is wrong to deny telephone contact, and can be held in contempt of court for interfering. You will need an order for make up visitation. You should take action to insure your visitation rights.
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Re: Make up visitation
With the mother moving near you, I doubt if you will get makeup time with the kids. Unfortunately there are many factors that could change that. With you each living in the same state you may want to consider getting the Utah divorce decree filed in your new state.
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