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custodial interfereance yes or no

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noncustodial parent does not work, divorce papers state parental care shall be presumed to be better care of the child than surrogate care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able to provide child care. Does this mean that I have to give my kids to him when I am at work? Or can I be arrested for "custodial interferiance" for not doing so, in the State of Utah?



No, you don't have to give YOUR kids to him while you work, but if you and he have children together, then, yes, by all means, you do have to offer him the opportunity to care for them and have time with them while you are working! But I think you already knew that. Why <B><I>wouldn't</I></B> you want to let the kids have time with their dad rather than pay for daycare? If it's in your divorce decree, it could be construed as contempt of court if you fail to comply.
Good luck!

Grandma B

Sounds like you have a right of first refusal situation. You should ask if he wants to provide care before seeking an outside provider; however, he has the right to refuse. I say "should" because the court did not demand, but encouraged this practice. If there appears to be a problem with his ability to properly care for the children, you could try to prove to the court that it "presumed" wrong. This would require very concrete evidence that he can't properly provide care, not simply the fact that you don't like the way he does things.

In reality, the time with dad should be very beneficial to your children.

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