Legal Question in Family Law in Utah

I am currently attempting to modify my divorce decree so that I can get joint physical custody in addition to the joint legal I have had since our divorce. We went through mediation in 2006, however tried to reconcile after we had both signed the decree, but neither took the parenting class until 2009. That is when the divorce took place. I have hired an attorney and a Commissioner already denied her motion to dismiss. We were ordered to mediation. She has made statements, in front of my children as well as in email, that she does not want me to see the children. In her affidavit in support of her motion to dismiss my petition to modify, she nor her attorney addressed one issue I raised. All she did was bring up "dirt" on me that I stipulated to. How agressive should I be in mediation? I am only "allowed" to see my children the mandatory minimum per the standard parent time schedule. I am not unfit, she is, in my opinion, enmeshed, with our children. She sees my involvement as a threat. Any advice?


Asked on 12/15/12, 2:26 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Mediation is not the time for aggression. It is to see if there is middle ground on which you can agree. If mediation is not successful your next option is to get a custodial evaluator hired to perform the custody evaluation. You and your ex can agree or you get an order mandating the evaluation. You prepay the evaluation - they can be expensive. But the evaluator will consider both of your situations and and "dirt." If the dirt is old and no longer relevant it may not have a significant effect on the outcome.

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Answered on 12/17/12, 7:34 am


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