How do I get to see my children during the divorce?
This is a common question when a divorce petition is
filed. Both parents have equal rights to
their children unless there is a court order in place that says otherwise. If one parent refuses to let the other parent
see the children, the solution is to file for temporary orders that will remain
in place until modified or the divorce is final.
Temporary orders will determine custody, child support, parent-time,
and any other issues that need to be resolved on a temporary basis to make
things work until the divorce is final. While Utah law states that temporary orders have
no bearing on the final determination, you will want custody or as much
parent-time as possible. This will also
reduce your child support during the divorce.
Once the motion for temporary orders is filed, a hearing
will be set before a commissioner. At
the hearing each side states their case and the commissioner makes a
ruling. More often than not, the commissioner
will rely on what has been the norm, for the children. This is important because the children should
be disturbed as little as possible by the mechanics of their parent’s
divorce.
Once temporary orders are in place, the parties should abide
by them. If one party does not, the
other party can file a motion to hold the other party in contempt for not following
the court’s orders.
If you and your soon to be ex can agree on a parent-time
schedule, you can enter into a stipulation and present it to the court for
approval. The key to make sure you get
parent-time is to have a court order that can be enforced. Any agreement in writing between you and your
soon to be ex is not enforceable.
For more information visit www.attorneydrew.com
