Legal Question in Family Law in Utah
Visitation Rights
When my husband got divorced two years ago his ex-wife moved from SLC to Beaver (3 hours away). When the decree was made it took into account the 3 hour drive for visitations. One month ago me and my husband moved to Las Vegas and now the ex-wife is stating that my husband can't see his children until he goes back to court for a new visitation arrangement. Is this legal? Can she stop visitation because we moved to Las Vegas? We are the same distance away from Beaver just in a different direction. We also found out that she is trying to change the children's last names to her maiden name. Can she do that without my husband's written and signed permission?
3 Answers from Attorneys
Re: Visitation Rights
Your husband is still entitled to the same visitation. He does have the right to go to court for a different schedule, or to enforce the current schedule. Tell the ex that unless his visitation is not immediately restored, with additional time for the lost visitation that the ex will be sued for custodial interference and sanctions sought.
Re: Visitation Rights
The children's last names cannot be changed without his permission. He will be notified of a court action, and must attend.
Re: Visitation Rights
You don't say whether it is a Nevada or Utah divorce. Normally, the person moving should file a motion to modify the visitation. Since the move involves a different state I think the mother is not being unreasonable even if the distance is the same. You cannot unilaterally change a minor child's last name. You must either go through Court or get consent of the other parent.
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