Posted by:
Richard G. Spot
(
)
Date: February 19, 2014 05:39PM
Not licensed in Utah, but start with this:
http://www.le.utah.gov/code/TITLE30/htm/30_03_001000.htmthis:
http://le.utah.gov/code/TITLE30/htm/30_03_003500.htmand this:
http://www.le.utah.gov/code/TITLE30/htm/30_03_001002.htmThere are other sections of the code that are relevant. Mainly, you need to remember this from the factors:
1. "the past conduct and demonstrated moral standards of each of the parties" -- THAT, unfortunately, gives a court broad discression in making a decision.
2. " In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate." -- That favors your position.
There is this:
(3) (a) If a parent files a motion in the third district court alleging that court-ordered parent-time rights are being violated, the clerk of the court, after assigning the case to a judge, shall refer the case to the administrator of this program for assignment to a mediator, unless a parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent residing outside of the state is not unavailable. The director of the program for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.
From this:
http://www.le.utah.gov/code/TITLE30/htm/30_03_003800.htmALSO, you can go here to the Court's Webpage:
https://www.utcourts.gov/howto/divorce/custody.html#enforcingit says this:
"The party seeking to enforce the order or decree files a Motion for an Order to Show Cause and a supporting statement of facts showing the ways in which the other party has failed to obey the court order. If that claim is sufficient, the court will schedule a hearing and order the other party to appear and show cause why they should not be held in contempt of court."
I hope that helps.