My TBM ex has been denying me access to my children because, in part, she says I am now an ex-mormon and doesn't want me to influence them.

The teen children want to come live with me, but the status quo is them living with their mom. Their wishes and her impeding my access are really the only reasons I have to argue for a change in custody. They don't want to be Mormon either. She will argue that I have influenced them against their traditional religion and that I am not as moral as her.

Yes, "moral character" is one of the criteria in UT for custody, and as an ex-mormon, I am sure this will hurt me.

Any thoughts?

I am sure that you can find people to attest to your good moral character, and your teen may be old enough to offer their opinions to the judge. Any judge in Utah would early in his/her career have developed a jaded view of mormons' morality, having seen many mormon defendants.

You might try to look like a mormon in court, though.

Good luck!

My experience with family court (in a JJS context) is that the judges get pissed when you try to bring it up, either as a pro or as a con. The good judges won't care about the veracity of Mormonism, but there are lots of peripheral things they will care about. Like, if you got excommunicated because you cheated on your spouse -- that will count against you (not saying that happened to you).

Don't be the guy that brings up religion. It's wearying to the judges. Instead, focus on your kids' wishes. Make sure that if they express dissatisfaction with living with their mother, that it's not in a "I don't want to go to church" context. If your wife has impeded access to your kids, make sure you have documentation (cellular records, etc.) indicating such. Have your kids be ready to articulately explain *why* they are unhappy. Kids that complain about chores and responsibilities will not have their custody arrangements altered, because most judges see that as good discipline.

Be armed with an accurate portrayal of why you're a more fit parent. The default in the entire US is to essentially grant the mom custody unless there's a very good case otherwise. Saying why she's bad won't cut it. You have to be ready to commit to some serious inquisition -- like how often you travel for work, what your work hours are, whether you can give up extracurriculars to care for your kids, etc.

"Moral character" and "moral turpitude" come up occasionally in Utah law. It doesn't mean religion. Generally, it means adherence to responsible standards of conduct and fidelity (in the case of turpitude).

Not licensed in Utah, but start with this:

http://www.le.utah.gov/code/TITLE30/htm/30_03_001000.htm

this:

http://le.utah.gov/code/TITLE30/htm/30_03_003500.htm

and this:

http://www.le.utah.gov/code/TITLE30/htm/30_03_001002.htm


There are other sections of the code that are relevant. Mainly, you need to remember this from the factors:

1. "the past conduct and demonstrated moral standards of each of the parties" -- THAT, unfortunately, gives a court broad discression in making a decision.

2. " In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate." -- That favors your position.



There is this:

(3) (a) If a parent files a motion in the third district court alleging that court-ordered parent-time rights are being violated, the clerk of the court, after assigning the case to a judge, shall refer the case to the administrator of this program for assignment to a mediator, unless a parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent residing outside of the state is not unavailable. The director of the program for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.

From this:
http://www.le.utah.gov/code/TITLE30/htm/30_03_003800.htm


ALSO, you can go here to the Court's Webpage:

https://www.utcourts.gov/howto/divorce/custody.html#enforcing

it says this:

"The party seeking to enforce the order or decree files a Motion for an Order to Show Cause and a supporting statement of facts showing the ways in which the other party has failed to obey the court order. If that claim is sufficient, the court will schedule a hearing and order the other party to appear and show cause why they should not be held in contempt of court."


I hope that helps.

Found this:

OOPS. Wrong link. Hold on.



Edited 1 time(s). Last edit at 02/19/2014 05:44PM by Richard G. Spot.

I would document, document, document. Write down every time and date that you make a verbal (or even better emailed) request for your court-ordered visitation rights and are denied.