Salt Lake City, UT asked in Child Custody for Utah

Q: Can I lose custody of my child if my brother, a felon, moves in with us?

I currently have close to 50/50 custody with my ex (I have physical custody) and my little brother, a convicted felon, is planning on moving in with us for a few months. None of his charges involve children, and none are violent (except he got convicted of possession of a fire arm by a felon but I'm not sure if that's considered "violent"). He lived with us befor for years without my ex saying anything about it, has a close relationship with our daughter (and she ADORES him), and he is only staying with us until he can afford to move into a place of his own. Is this grounds for a change of custody? Or can my ex legally stop him from moving in?

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1 Lawyer Answer
Paul Waldron
Paul Waldron
  • Divorce Lawyer
  • Orem, UT
  • Licensed in Utah

A: Given the facts you have presented in your question, it is unlikely that your situation would result in a change in custody. However, if there are additional negative facts, a change in custody is possible. Your ex could seek some kind of restraining order prohibiting you from having your daughter reside in the same residence as your little brother if she can show an immediate threat of harm to your daughter. You need to seek the advise of an experienced family law lawyer to advise you and help you navigate this tricky situation.

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