Legal Question in Family Law in Utah

ex remarries moves children out of state changes names

May an exwife with Joint custody remarry, move the children away from their legal father and out of Utah and change the children's names to the new step fathers name without the legal father's consent. The legal father pays child support monthly as required, and sees the children more often than the court requires because the mother wanted free time to date. She is now planning to remarry and wants to move the children from her previous marriage out of state. The legal father is extremely active in the children's lives and has himself remarried. If she takes the children without the father's consent, what criminal action can be taken against her.


Asked on 2/20/06, 7:21 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: ex remarries moves children out of state changes names

You may file in court asking for an order restricting the move; establishing new visitation and/or contesting custody. The court will ultimately determine the visitation and custody issue. The ex has a legal right to live wherever she wants. However, you may be entitled to custody yourself or a substantial change in visitation and an order requiring the ex to pay for transporation costs for visitation. You need to act quickly. You may call for a free consultation.

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Answered on 2/21/06, 10:55 am


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