Legal Question in Family Law in Utah
Hi, I am the sole custodial parent of two children, one boy (13) and one girl (10). My former husband recently got remarried and his wife and her four children moved into his house. Upon them moving in they moved everything out that was my daughters ie. clothes, dresser, toys, pictures and my concern, her bed. She hates going over there for the "every other weekend" thing and, it breaks my heart to hear that she sleeps on a blanket just outside the pantry door with a sheet nailed to the wall, she doesn't even have a pillow to sleep with. Is there a law here in utah that states that the non custodial parent must have a bed for the children?
2 Answers from Attorneys
The parent is required to provide reasonable sleeping provisions for the children. You have the following options:
1 - demand that adequate sleeping provisions be provided before any more visits. You risk the father filing a contempt order against you, but that will give you an opportunity to respond and get an appropriate order
2- File a motion to amend the custodial arrangements, requesting a court order to change the visitation until the sleeping arrangements are met
There's no law that specifically states that the child must have a bed, but the non-custodial parent is required to provide reasonable sleeping accomodations for the child which generally means he should provide her with a bed as well as an appropriate room to sleep in. Clearly, sleeping on the floor outside a pantry door is not appropriate and my suggestion would be for you to demand that appropriate accomodations be provided before you will allow your children to spend the night at his home. It may be something you will have to address to the court if he doesn't comply with your reasonable requests.
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