West Valley City, UT asked in Family Law, Child Custody and Child Support for Utah

Q: What can be done failure to be served rule 109 with parentage petition, as well as ex statement of good joint cust pet?

Daughters dad has had no contact, but after several attempts to reduce child support, has now filed a joint custody petition, and served it on me.

First, he did not serve me rule 109, which was granted. Second, he did not include his statement of goodwill as required, with his petition for joint custody. Can anything be done about it other than responding to it in my answer? For instance file a bar complaint his attorney, or ask his petitioner to be thrown out, etc.?

1 Lawyer Answer
Lane Wood
Lane Wood
  • Licensed in Utah

A: I'm sorry that you are going through a custody fight. Custody battles are often hard fought and emotional. I will do my best to answer your questions, but I would also recommend that you seriously consider hiring an attorney to represent you. Custody determinations can have lasting effects on you and your family. As such, you would be wise to ensure it is done correctly.

As far as the Rule 109 (Domestic Relations Injunction), that is an order automatically entered by the Court. As the Respondent, it is not effective upon you unless/until you are served with it. However, for the Petitioner it goes into effect immediately when signed. I don't think this would be grounds to throw out a Petition or to file a bar complaint. It just won't apply to you until you are served. Having said that, you would be wise to abide by those terms.

The next question regards a "statement of goodwill." I am not sure what you are referring to in this regard. As such I don't think that I am situated to respond to this question.

You will likely need to go forward and file an Answer. You will also likely want to include a counterclaim against him to set forth the relief that you are requesting.

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