Legal Question in Family Law in Utah

Does visitation risk the childs welfare.

My ex-wife and I have been divorced for almost 1 year. I am the custodial parent of our 3 year old son. Roughly 3 weeks ago she told me that while she was sleeping she stopped breathing. She woke up and started breathing again. Yesterday she called me and told me that she would not be able to take our son for her overnight parent time because the night before, while in the hot tub at her boyfriends house, she stopped breathing, had to have CPR administered, and was revived by the paramedics on the way to the emergency room. The ER doctors had no clear cause for this episode and suggested she make an appointment with a specialist. My question is, do I have any legal right to refuse to let her take my son for overnight stays until she finds out what caused these episodes and a way to manage them? The saftey of my son is my only concern. I can't imagine what he would go through if this happened and he was the only one there. My ex-wife lives alone and her boyfriend does not stay over.


Asked on 4/11/06, 8:52 pm

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

Re: Does visitation risk the childs welfare.

You would have to get more medical information about your ex' condition, and then present your petition to the court. The court will want to make sure that all efforts have been taken to assure your child's security and at the same time allow fair visitation. Until there is a change, ask your ex to check in regularly so you know she is ok.

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Answered on 4/12/06, 10:53 am


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