Legal Question in Family Law in Utah
living conditions
My ex and I have had a 50/50 visitation with out 2 children for a while now. I've been highly considering trying for custodialship due to some information I have recently received. My ex has been living with friends since June cramped in one bedroom for the three of them they don't have any beds, they have been sleeping on mattresses on the floor. She was recently engaged and her fiance has moved in with her(normally not a bit deal except the fact that all 4 of them are sharing the same room, when she has them). My biggest concern, is the fact that my ex and her new guy have only known each other for 2 months and no one knows anything about him. Does this and their current living conditions, plus numerous behaviors in her recent past, have any kind of baring on a case?
1 Answer from Attorneys
Re: living conditions
Yes, and you should file a motion with the court to restrict overnight visitation until she can provide proper living conditions for the children. You have a duty to protect the children. Under these circumstances there is no way for anyone to be certain the children are safe.