Family Law Frequently Asked Questions

 

Q. - Is it possible to modify something in my divorce decree?

A. Yes, as long as there has been a substantial change in circumstances since the divorce decree was finalized. A significant change in salary or loss of employment would be examples of a substantial change.

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Q. - As a grandparent, can I seek visitation with my grandchildren after their parents divorce?

A. - Yes. Utah has a law which says that grandparents can file a petition for visitation with their grandchildren. Although the court starts with the presumption that a parent's decision regarding visitation with grandparents is in the child's best interest, that presumption can be overcome in a number of ways. Among the factors the court will consider is that the grandparent is a fit and proper person to have visitation, that visitation has been unreasonably denied, and that it is in the child's best interest to have visitation.

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Q. - Can I stop paying child support if my spouse has withheld my parent time?

A. - No. If one party is not complying with the divorce decree, the other party must still comply. The proper action is to seek an order to show cause. The violating party then must explain to the court why the decree is not being followed.

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