Salt Lake City, UT asked in Child Custody for Utah

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?

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1 Lawyer Answer
William Melton
William Melton
  • Taylorsville, UT
  • Licensed in Utah

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.

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