Question:
My child custody agreement with my ex-wife calls for one 14-day visitation period each year.
However, my ex-wife is telling me that I will only have 10 days with my daughter because of “other activities” scheduled when she is in town.
Is there anything I can do to ensure I am given my full amount of parenting time as awarded by the divorce court?
Also, since I now live in Utah and the decree was issued in Virginia where is the jurisdiction?
Answer:
I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you a general answer that may be helpful to you.
Since your divorce decree is from Virginia, you will need to have the decree registered in Utah before the state of Utah will be able to enforce that.
As your decree gives you a 14-day custodial visit with your daughter, you are certainly entitled to that by law, and you do not need to give those days up. As you only receive visitation 14 days out of 365, there is no reason why those days should be reduced.
I would recommend that you speak to an attorney in your state to discuss the possibility of registering your decree there, and then opening your case to file a motion to enforce the decree, granting you the time with your daughter.
Again, as I am unfamiliar as to the specific laws for your state, I recommend speaking to a lawyer licensed in your state for legal advice on divorce as soon as possible, as it may take some time to navigate the court system.
Cordell & Cordell has men’s divorce lawyers located nationwide. To arrange an initial consultation with Janet Yu Johnston, an Associate Attorney in the Louisville, Kentucky office, please contact Cordell & Cordell.
