Legal Question in Family Law in Utah

Process when one parent wants to change the decree.

In our divorce decree. joint, physical and legal custody is shared. A custodial parent is not named. If one parent chooses to move out of state and the other disapproves. Can anything legally be done? (without going to court to change the decree.) The question is, if nothing is agreed, can that parent leave with the kids? If not, what happens if they do? I have said no and fear flight.


Asked on 3/17/03, 6:28 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Process when one parent wants to change the decree.

A parent, with joint legal and physical custody, leaving a state, must give the other parent 2 weeks notice. In that time the other parent can take action to establish visitation and other rules. If you fear the other parent will leave with the children, you should file an action immediately to protect your (and the children's)rights.

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Answered on 3/17/03, 9:18 pm


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