Q: Does a verbal custody agreement hold any weight in the state of Utah?
The father has had my fiance's daughter for the past two weeks and today at a hearing the judge said they were to go back to the original custody agreement. The father is now refusing to let my fiance come get her daughter. The police refuse to get involved. How can my fiance get her daughter back?
A: Your question is a little confusing. You ask if a verbal custody agreement colds any weight, but then you state that the judge instructed you to go back to the original custody agreement. That agreement would be in writing. To answer the last part of your question is that (assuming there is a current court case) you have to file an Order to Show Cause (OSC) An OSC is when the parties go before the judge and the one party who is not doing what they're supposed to has to explain to the judge why they are not following the court order and explain why the judge should not hold them in contempt. You could try to do this on your own, but your best bet is to contact an experienced family law attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.