Ogden, UT asked in Child Custody and Civil Rights for Utah

Q: I am trying to get my son back from my ex boy friends sister. She will not release him to me. How can I get my son

My ex was arrested for murder. My son is in custody with my ex boyfriends aunt. There is no custody arrangement. I just want to get my son I have been trying for the last 2 years but the father would not let me see him and left with my son to another state. I have spoke with law enforcement and they are encouraging me to make arrangements with the aunt.. she will not answer my phone calls DCFS has gotten envolved and he does not want to live with me but I know it is because he has not seen me a lot but I have been trying to contact him. What are my rights as his legal parent I feel like I have no rights and am looking for some advice. I was instructed to pick him up today and after arriving there I was again informed to speak with my ex bf sister.. I am not sure what I can do at this point I am at a loss

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Saint George, UT
  • Licensed in Utah

A: Hi,

I am not a family law attorney, but as I understand it, as long as your parental rights have not been terminated, your custodial rights should trump anyone else's except for maybe the father.

So if you just picked him up and took him home, it would be in within your rights. I am not sure this is the best way to go about it, but it should work.

The other way to do it, would be to file an action for custody with the Court and have the Court make that determination.

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