When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?
Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if there are no other court orders in place that govern the custodial rights of you and the other parent, then:
- You and the other parent have co-equal custodial rights to the child, but that does not mean that there is any “default” custody schedule or custody sharing schedule that takes effect if you and the other parent cannot agree upon a schedule.
- That means that (unless a law on the books in your jurisdiction provides otherwise) a parent can withhold contact with the child from the other parent without that constituting any kind of crime. Otherwise stated, it’s legal for a parent to do so. It’s not kind. It’s not fair, but it’s not illegal. You could call the police (as many people do) and tell them (honestly), “The other parent is refusing to let me spend any time with our child” and there is nothing that the police could do for you. Many parents are stunned to learn this when they call the police requesting and expecting help with obtaining time with their children.
o If you and the other parent are married: you can file for a separation order or for a decree of divorce to request child custody and parent-time orders.
o If you and the other parent are not married: you can file a child custody action or a paternity (also known as a “parentage”) action to request child custody and parent-time orders, and once the court issues those orders, you and the other parent are bound to comply with them. Failure or refusal to comply can result in A) being held in contempt of court and sanctioned for that contempt and/or B) criminal charges for custodial interference, even child kidnapping.
- Once the court issues those orders, you and the other parent are bound to comply with them. Failure or refusal to comply can result in A) being held in contempt of court and sanctioned for that contempt and/or B) criminal charges for custodial interference, even child kidnapping.
Utah Family Law, LC | divorceutah.com | 801-466-9277
Tags: alienation, children, court order