QUESTION
Does the step mom have the right to withhold visitation of the boys from their daddy if she is forbidden to see her step daughter?
Asked on Dec 14th, 2015 on Child Custody - Utah
More details to this question:
My granddaughter's daddy married a woman who ended up being emotionally, verbally and at times physically abusive to her. When this situation was brought to my daughter's attention, she immediately spoke with the daddy. His response was that their daughter was making it up and that she would have to deal with having a stepmom. This went on for 6 months and finally the dad and stepmom ended up in divorce court (other legal matters not pertaining to the granddaughter). In court, a restraining order was issued against the stepmom barring her from visitation and contact with my granddaughter. The stepmom is not withholding visitation of the couples 2 sons unless she can see my granddaughter. The paternal grandmother, my daughter and I all feel that the stepmother poses a real threat to our granddaughter. We agree that she should be able to see her step brothers and have an opportunity to create strong loving bonds but not if the step mom is there as she is abusive to our granddaughter. How can we legally allow for her to see her brothers without exposing her to further abuse from the stepmom? Thank you for your time and I hope that this question made sense.
1 ANSWER
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Good question. The answer to your question lies in Utah Code 30-5a-103, aptly titled Custody and visitation for persons other than a parent. We'll assume the statute is good law for our purposes today. 30-5a-103 starts out stating that it is the public policy of this state that parents retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of their children. There is a rebuttable presumption that a parent's decisions are in the child's best interests. Utah Code 30-5a-103 provides that a court may find that this presumption is rebutted and may grant custodial or visitation rights to a person other than a parent who, by clear and convincing evidence, has established all of the following: the person has intentionally assumed the role and obligations of a parent; the person and the child have formed an emotional bond and created a parent-child type relationship; the person contributed emotionally or financially to the child's well-being; assumption of the parental role is not the result of a financially compensated surrogate care arrangement; continuation of the relationship between the person and the child would be in the child's best interests; loss or cessation of the relationship between the person and the child would be detrimental to the child; and the parent is absent or is found by a court to have abused or neglected the child.
Answered on Jan 08th, 2016 at 4:38 AM