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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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Can a Utah employer of a minor who has a Court Ordered visitation

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Can a Utah employer of a minor who has a Court Ordered visitation schedule supercede that order by scheduling the minor to work during scheduled visitation times, and can I pursue legal action against that employer if he schedules the minor to work during scheduled visitation?

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An employer is not a party to a divorce decree and therefore is not in contempt of court for failing to follow it. There is also no law that would require the employer to consider the needs of a minor employee's parents when scheduling. However, if it is possible for the child to work during the day and still see the non-custodial parent, that would have to hapoen. The non-custodial parent could also seek to modify the parenting plan to change visits to a time that the child is not usually scheduled to work.

If there were any evidence that the custodial parent had colluded with the employer to schedule the child to work during scheduled visitation, then the parent would be in contempt of court. Otherwise, the minor can be told to quit the job if the employer consistently refuses to avoid scheduling the child during scheduled visitations. If necessary, the non-custodial parent can go back to court to ask the judge to order the custodial parent to have the child seek other employment.

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