Legal Question in Family Law in Utah

My ex has sole physical custody of our two sons in Utah. Do I need my ex's permission of what we can do during my visitation time with the kids, especially while on vacation?

I had my sons on a week long vacation with my partner's family and we were a few hours from home. During the trip, my oldest son had a soccer tournament and I was going to take him overnight to the tournament and come back the next night. I was going to leave my youngest son with my partner overnight (whom I've been with for 3 years and have lived with for over a year) and return the next day. She said that because she has legal physical custody that I can't leave my younger son with anyone else and that if I return, I need to bring both kids. Obviously the younger wanted to stay at the lake and not drive 2 hours back to watch his brother play soccer. Is my ex right?


Asked on 8/23/10, 6:18 am

2 Answers from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

There's a basic law that provides if you're not going to be with your child for a significant period of time, you need to give the other parent the option to watch the child. However, since you're exercising your extended parent time and under the circumstances you describe, you should be able to do what you've described. She can't dictate what you do during your parent time.

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Answered on 8/28/10, 7:10 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Your ex cannot dictate the details of what you do on your vacation time. Check your divorce decree to see if there is a provision requiring you to give her first right of refusal to care for a child if you are not going to be with the child. Courts do not like to micromanage divorces.

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Answered on 8/29/10, 5:58 pm


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