Legal Question in Family Law in Utah

In Utah, what constitutes "substantial change in circumstance."? My fiance' who is the father, is the custodial parent of 2 children. His ex-wife has the kids 158 days a year, including her weekends/holidays etc. They follow the Parent Time schedule as she is extremely difficult to work with. She has a history of alcholism, 2 dui's (one with their 7 year old daughter in the car) and is addicted to Xanex and sleepling pills (by prescription). She uses the children as a pawn in game, hides information about them from the father, like having head lice, relays messages that are not for children's ears, has moved several times in 4 years, does not live anywhere near the children's schools, does not attend any school functions, parent teacher conf, counseling sessions, doctors visits due to the fact that she does not have a car or the means to purchase one. She is arrears with ORS for back child support, insurance premiums and does not help with misc expenses as ordered by the court. She is constantly in contempt of the court order (Decree) and harrasses the father of these 2 kids via text message and phone calls. Please advise if he has a case for modifying the custody as he feels that she is unfit to be a parent!


Asked on 12/17/12, 12:45 pm

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

I believe the allegations in your question constitute a substantial change in circumstances sufficient to get a petition to amend the divorce decree custodial order changed. There is a process to get custody changed. It is not cheap, but I have done this for many fathers with great success. Have your finace' call for a free consultation.

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Answered on 12/17/12, 1:02 pm


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