Phoenix, AZ asked in Family Law for Utah

Q: ok I live in the state Az and I already have court orders here but just had to go to SLC Utah because

well I have been trying to enforce any parenting time I was given but the father has sent my daughter out of state to Utah with his mother at first and she was only suppose to stay out there to visit with grandma because she has cancer and wants to spend time with her , anyways the dad is here in Arizona homeless and this last month I recived a petition filed in SLC Utah from dads step sister trying to get guardianship of my daughter and I have never even met this lady but of course as soon as I got that I was on my way to SLC with no idea what I was doing but I went there anyways which I am glad I did cause I filed my objection to her petition had stayed in a hotel until the day of court I went with them hoping I wouldn't show up not to mention dad has several warrants in Utah but I was there and I have a minute entry from SLC from judge saying the request is denied . can I go get my daughter then and file for emergency custody in AZ ?

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1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Utah

A: If you have a custody agreement in Arizona, you need to file for a modification. If the father has primary custody and is homeless, it will be difficult for him to argue the child would be safe in his care. You could also file a complaint with child protective services when you file your petition for a protective order.

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