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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default Right of First Refusal in Utah Law

    My question involves a child custody case from the State of: Utah

    My ex and I divorced 9 months ago. We have joint legal and physical custody of our two girls, ages 15 and 10, with an estimated split of 200 days per year for me, and 165 days per year for him. He works for the Army and since he works Monday through Thursday, I have let him have the girls almost every Friday, Saturday and Sunday since our divorce. I would take the girls on his monthly drill weekend, which gave me a couple of quality days with my girls, where I wasn't all about school and homework . Now, my ex has remarried and he is denying me his monthly drill weekend, stating that he wants his new wife to stay home with our children, while he drills. That would mean, that she would stay home alone with them for 3 full days. I live less than 5 miles from my ex's house and since I am an artist, I work out of my home and am almost always available to take my girls, even on a short notice.

    I have looked through our divorce decree, to see, if the Right of First Refusal clause is in there. It's a little vague and I am not 100% sure. Would it be stated as "the Right of First Refusal" or could it possibly be worded a little differently? If it's not in the decree, is it something I can have added? And would my ex have the right to refuse it being put in the decree? Does his new wife have any rights to the care of our children, over me? Ofcourse, I would want my ex to have the Right of First Refusal, also. I dont see why a biological parent should be denied time with their children, if they are available and willing to care for them.

    Please, help me if you can.
    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,472

    Default Re: Right of First Refusal in Utah Law

    It may have a heading, it may simply be in a paragraph, or it may not exist.

    I think it is unlikely that, even if you have such a clause, it would apply to a stepparent as opposed to professional child care.

    Absent something to the contrary in the judgment, parents can make whatever child care arrangements they want during their own parenting time.

  3. #3
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Right of First Refusal in Utah Law

    Absent something to the contrary in the judgment, parents can make whatever child care arrangements they want during their own parenting time.
    Of course, it is not unreasonable for the courts to agree with an order that specifies that you should have the kids during his guard weekends. OP, I think it is worth looking into amending your court order.

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