Legal Question in Family Law in Utah

It's difficult to answer your question without actually seeing the language of your divorce decree. The word "should" makes it difficult to ascertain what is expected or required by the decree. Generally, if you're seeking a change in custody, you must file a Petition to Modify the Decree of Divorce and allege, and ultimately prove, there has been what is called a "substantial and material change in circumstances not contemplated by the parties at the time of entry of the Decree of Divorce." Once that is established, you must then prove that it is in the best interests of your son that there be a change in custody. The fact that he has been with you for the last 65 days is very helpful in this process. I would recommend you set up a consultation with an attorney to discuss your situation in further detail to determine whether there is a basis to seek a change in custody and to explore your options as to how to proceed.