Legal Question in Family Law in Utah
What can we do?
We went to pick up my husbands kids for a weekend visit, because of his work schedule he has been unable to get them for the whole weekend. When we arived the kids told us that if we couldn't take them for the whole weekend they didn't want to come. We had only been there for 2 minutes when his ex wife, her husband, her oldest son, and her mother, and father came out only to tell the kids what to say. We have never been able to talk to them without everyone at her house coming out to be involved. My husband tried to talk to the kids about why we couldn't be there, and that he was doing his best. We have been over to pick them up several times only to have her mom come out and tell us that one or more of the kids made other plans and they were not home. The kids are 12,10,9. They told us last time that they hate all the fighting going on, and being in the middle of it all. They say that everytime they come over their mom hounds them for information when they get back, so they don't want to come. We don't want them to be in the middle, and we have tried talking to their mom about this but we are talking to a rock. What can we do? We would like to be able to talk to the kids one on one, not with her whole family standing over them.
1 Answer from Attorneys
Re: What can we do?
1. Insist that the children come with you. They do not make the decisions, there is a court order that must be followed. 2. File in court contempt charges against the mother for influencing the children and not making them available for visitation. 3. Seek a change of custody, and have a home study. If their present home is unhealthy the court will award your husband custody. You will have to pay at least part of the home study. 4. Do nothing, in which case the children will think that their father does not care for them enough to fight for their well being.