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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I have sole physical custody (Utah). Now that she has a license,

Resolved Question:

I have sole physical custody (Utah). Now that she has a license, my 16-year old daughter will sometimes leave and go stay at her father's house and refuse to come home.

1. Can she do this? (he is criminal-defense attorney and says she can)

2. His legal residence is in CA but he practices law in Utah and goes back and forth each week. Daughter wants to stay at his home by herself even when he is gone. He says she can. I say she cannot stay there by herself when he is not there because she is still a minor.

3. He has started reducing child support based on the following: 78B-12-216. Reduction for extended parent-time.
(1) The base child support award shall be:
(a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or
(b) 25% for each child for time periods during which the child is with the noncustodial parent by order of the court, or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.

He says the fact that I have texted him that I have tried to work with him/her in letting her stay with him when he is there is a written agreement that allows him to adjust child support each month according to how many nights she stayed at his house.

Can he do that?

This has gone on for two months.

Would appreciate help.

Thank you
Submitted: 8 months ago.
Category: Family Law
Expert:  Jack R. replied 8 months ago.

Thank you for choosing Just Answer. My name is XXXXX XXXXX X will assist you today.

 

1. Can she do this? (he is criminal-defense attorney and says she can)

No he can't and if you file for contempt she stands to lose her law license and will probably back down immediately.

 

What will likely happens is a law suit for modification co custody initiated by her.

 

2) 3. He has started reducing child support based on the following: 78B-12-216. Reduction for extended parent-time.

.The rules require you AGREE or a court order established the revised visitation. None of these occur and you should send WRITTEN notice that you do not agree to the changed visitation.

 

 

BotXXXXX XXXXXne get a local attorney have him/her file the appropriate motions to enforce your rights. Your ex is in violation of an existing court order which the Bar does not take kindly to, and your ex should know better.

 

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater

 

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 3 other Family Law Specialists are ready to help you

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