Legal Question in Family Law in Utah
Refusal of Visitation Rights
My ex-wife has recently decided to refuse visitation rights. She has wanted to sever his contact with me since she remarried. She began calling him by her husband's last name immediately, ignoring my protests, even so far as to give that name for doctor's visits and school registration. She has pushed for adoption, stating that such a situation was in his best interest, and I eventually agreed to that only if I could continue to see him on a more infrequent basis. She has never filed for the adoption, but she asked that we continue as if the adoption had happened. She agreed to stop collecting child support, and I agreed to see our son only once every few weeks. She has since stretched that out to once every 6 weeks. Each time I eventually gave in because I have seen the effect that conflict between she and I has on our son. Now she has decided not to allow me to see him at all, or at least for several months. Her stated reason was that our son has become very hostile. This attitude has developed since he began seeing me less, but she is unwilling to discuss that fact.
I realize that this should be discussed with an attorney, however I am in a difficult financial position so I would appreciate any advice.
3 Answers from Attorneys
Re: Refusal of Visitation Rights
Your court orders establish your rights and obligations. If you forgo visitation rights,
you will never get them back. If you don't pay support, she may go to court and
collect all the missed payments. You should hire an attorney and force her to obey
the court orders.
Re: Refusal of Visitation Rights
I would go to your local DA. You may be made to
pay child support and possibly back child support
since your wife is not legally aloud to excuse you
from paying. The child support is meant for your
son not your ex-wife. However, if the child support
is paid they will enforce the original visitation order.
Additionally, even if your son is legally adopted
you are still entitled to visitation.
Re: Refusal of Visitation Rights
Under Floria Law: You stated that your ex decided to not collect any child support from you and you stopped paying child support. First of all, this child support is for the benefit of the child and the child's right. Stopping this support only hurts the child. Second of all, your ex-wife could go back to court any time and say that you owe all of that child support that you didn't pay and you would probably have to pay it. Be Careful. Parents have a RIGHT to visitation. If you consent to adoption you have lost that right. Therefore, if you want to see your son don't consent to the adoption. When the residential parent refuses visitation to the other parent, that parent has a right to file a motion for visitation in the circuit court. I suggest that you do that immediately. At that time you can address the issue of your ex using her new husband's last name for your child. If he has not legally adopted your son you have every right to object to this and put a stop to this.
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