QUESTION

Does the Utah Code 30-3-35 Parent time schedule take precedence over the scheduled time alloted in my divorce decree?

Asked on Dec 12th, 2012 on Family Law - Utah
More details to this question:
My ex is attending school from 6-10pm each night so I would like to keep my children with me. Instead he would like them to be at his house with his wife. I do not agree with this citing Utah code 30-3-35, he disagrees stating our divorce decree says our kids should stay at his home Tues and Thurs nights no matter what. Who is correct?
Report Abuse

1 ANSWER

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

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters