My question involves a child custody case from the State of: Utah
Divorce took place in CA. I was awarded joint legal and joint physical and for parent time I got Monday-Wednesday afternoon. My Ex got From Wednesday afternoon to Sat Morning. Weekends were rotated.
We later all moved to UT because of my job. I got a domestication of foreign decree filed within the county we reside in UT. Now my work schedule changed to 3 consecutive days on duty and off duty for 4 days. Iím a firefighter. We never got the decree modified to compliment my work schedule but we came to a verbal agreement on a parent time schedule. My daughter would be with her mother on my 3 days on duty, we would split one day and I would have 3 full days of parent time before returning back to duty. We practiced this schedule for the past 3 years. We have been in UT for 7 yrs. Iím remarried to a wonderful lady who has 3 young kids of her own and she is a role model step mother to my daughter. The Ex has married a guy who is a controlled substance abuser in remission and has been sodomizing the Ex according to the Ex herself.
During the past three years my Ex has failed to pay on half of $4000 in medical, dental, and orthodontic treatments for our daughter and she relocated my daughters 6th grade enrolment without my consent.
Now most recently the Ex filed a petition for modification for the parent time schedule. The Judge ordered us to go to mediation. All this was under the pretense the Ex was going to be residing in UT. At the mediation appointment the Ex dropped the bomb and relayed through the mediator she is going to move back to CA and she wants me to cooperate with my daughter residing in CA for the school year and reside with me for summer. So the Ex left for CA the 2nd week of June with no job lined up in CA and moved into a home provided by a family member down there. She left the mediation process wide open with no agreed stipulation/modification for parent time, and she left my daughter behind with me.
55 days later I gave her a call and said if we donít come to terms soon then Iím going to have to enroll our daughter in 7th grade here in UT. She was pissed. She drove up here that night under the false pretense she only wanted to spend time with my daughter in the local area just for the weekend. She took my daughter and drove back to CA.
She now text me messages stating she will not let me have any parent time till I comply with her proposed stipulation/modification to the decree.
According to Utah Criminal Code 76-5-303 she has engaged in criminal custodial interference. 76-5-303.5 States it is a third degree felony for directing the child across state lines.
So what can be done here with the courts?
Has the Ex now hurt herself with regards to pursuing what she wants for a modification?
Does any of this now help me with pursuing that my daughter reside with me during the school year and allowing my daughter to spend the summer time with her mother; but not allowing her husband to be around my daughter until he receives a psychological evaluation?