In reply, the Courts have upheld that where one parent has remarried, the spouse of that parent is considered as one with the parent. Howe er, if you van show that the father's new spouse has a criminal history, has a history of drug or child abuse, the new spouse is considered one with the father. Utah Code Ann. 30-3-35 is a guideline, not an absolute, rather the provison so of your Divorce Decree supersede the Statutory provision, unless you can show good cause why the Divorce Decree provision is very harmful to your children in some way. If not, the Divorce Decree provision stands, until you file for a modification of the Decree of Divorce and parent-time provisions. I would advise you to seek counsel to insure that your basis for modification is strong enough to prevail.
Answered on Dec 14th, 2012 at 2:24 AM