Legal Question in Family Law in Utah
After recently separating, I told my soon to be ex I would fight for custody of our 3 children, 12, 8 and 6. She now will not allow me to take the children. Only supervised visitation. In the last 2 years, she has absconded with the children for up to a week at a time, without disclosing their location. I have NEVER done this. What right does she have, given the divorce is not finalized?
1 Answer from Attorneys
Unless and until there is a court order of some kind, she has no more right to have the children in her custody than you do. If she insists on playing these types of games, I would recommend you file for divorce and in conjunction with that, file a motion for temporary orders so you have a formal court order which spells out the ground rules the two of you will need to play by as you move through the divorce process.
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