Custody Laws: Being Denied Visitation During Separation

Utah divorce lawyerQuestion:

During our separation period, my wife and I have been sharing child custody.

However, she is now denying me my visitation and has indicated she wants to move out of state with her new boyfriend.

We are awaiting mediation but it has been over a week since I’ve seen my child. There is no actual court order for visitation at this point so I am unsure what to do and where to go from here.

Do I wait for our mediation appointment and hope she allows me to see my daughter or is there another route I can go?

Answer:

I am only licensed to practice law in Utah, thus I can only provide you with some general divorce help for men regarding the child custody laws you present in your question.

It appears you have set a pattern with custody of your daughter. The pattern is that you share custody.

You should definitely seek relief from the court and not allow your wife to take your shared child custody arrangement from you.

If they have moved out of state, you can request the court to order your child to return to your state. Almost all states have some relocation law that requires a parent give the other parent notice of relocation of X miles or more, usually around 150 miles.

Whether the mother of your daughter moved or simply is preventing you from seeing your daughter, you need to act fast and seek relief from the courts because many courts will hold your delay against you.

In short, you should not wait for mediation. I would get to court immediately if I were you in order to get a temporary order in place.

Read Related Article:

Denial of Visitation

Again, I am unable to provide you with advice on divorce and this should not be construed as an attorney-client relationship. Consult with a local mens divorce attorney for specific divorce advice about options in your jurisdiction.

To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including David W. Read, a Salt Lake City Divorce Lawyer, please contact Cordell & Cordell.

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