Legal Question in Family Law in Utah
I married a man that has four children. We have Shared joint legal and pysical custody. Him and the childrens mother can not come a compromise on parent time. So we are referring to the devorce decree,. Where it states one week on one week off. My husband works 40 hours a week. I am not employed, I am a stay at home mom, I have three children. My question being,Is a step parent considered suroogate care? During our parent time does the childrens mother have the rite to have them while my husband is at work? I will be patiently awaiting your reply, MOTHER OF 7
1 Answer from Attorneys
As step mother you only have limited rights to care for your husband's children - and they are found in your divorce decree. A step parent is considered surrogate care, but is generally favored over commercial care.
If mother is working during father's week, you should be allowed to have the children while your husband works.
It may take a change to the divorce decree.
You may call for a free consultation.