Legal Question in Family Law in Utah

Re: The right to move

If the parties have joint legal custody of a child, the law expects them to consult frequently in making decisions about the welfare of the child, including religious, educational, health issues and so forth. The court is not concerned with the "feelings" of the parents but is looking to create a situation which is in the best interests of the child. Generally that is to have both parents close and cooperating in the upbringing of the child. If one parent is incompetent as a parent, the incompetent's parent's rights can be abrogated or termination depending on the facts. Otherwise the two parents are mandated to use their best efforts - and more - to create a harmonious and cooperative environment for the child. It sounds like your husband and his ex could benefit from some counseling in regards to the issues between them and to teach them how to care for the child.

As far as moving out of state, your husband is required to give his ex written notice in advance of such decision. She has the right to bring the issue to the court and sue for custody. Her argument will be that it is unreasonable to take a child from the environment where the child is comfortable with family and friends and move to a strange place.

Indeed it is unfair to move a child away from one parent unless there are highly compelling reasons to do so. The best solution for the sake of the child would be for your husband and the ex to get counseling so that they can raise the girl without so much contention.

Your role as the 2nd wife and step mother is to make it as easy as possible for them to get along. Remember that in terms of 'priority' the needs of the child should come before the needs of any adult. She is the innocent victim of her parents immaturity and problems. You have an opportunity to make her life a little better if you will defend what is in her best interests.

I do not know of a web site which has the information which you seek. Generally courts will consider the wishes of children who are reasonable mature - 11 or 12 or older, when making decisions about where they live. Courts understand that parents can be very adept about manipulating children. Children can also be severely harmed by parents who think that they know what is in the best interests of the children.

Based on many years of experience, it is my considered opinion that a child needs both of its parents involved in the child's life. The only exception is when a parent is abusive or addicted or presents a threat of serious harm to the child. Frequently a child will turn aware from any person who attempts to manipulate or control a child to refrain from contact with another parent, regardless of the professed good intentions of that person.