Legal Question in Family Law in Utah

Couple is ordered to perform a custody evaluation. Evaluation recommends joint legal custody, but primary physical custody to mother...
Father has had his short comings (mostly with oldest, now adult, adopted son),. Father is stable, grounded, fit, responsible, capable, loving parent who spends over 150 overnights with his eleven year old, 105 nights with 16 year old. Evaluation determined mother is extremely unsupportive of the boy's relationship with father.
New boyfriend comes along,... mother actively alienates the father's relation with the boys, violates first right of refusal, manipulates and controls the parent-time schedule, violates joint legal rights, etc.
But yet, the new boyfriend gets to spend as much time as he wants with boys, frequently provides surrogate care (3 hrs, 59 minutes at a time, because the threshold is 4 hrs.).
Why doesn't boyfriend have to be evaluated? What can I do to reopen custody evaluation? What does the father need to document to reopen evaluation?

Asked on 6/01/12, 1:10 pm

Alvin Lundgren Alvin R. Lundgren, L.C.

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You must file a petition with the court to re-evaluate custody. The law has changed and you will have a better chance now to change custody.

You may call for a free consultation.

Answered on 6/04/12, 9:57 am

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