Cheyenne, WY asked in Family Law and Child Custody for Utah

Q: Mysiswasgiven guardianshipinMt.nowshe has told me to file a change of custodywith courtshereinUt. Isthis possible?

I did not loose my Parental rights & they are telling her this is what I'm to do now to get my kids back is this right? What do I file?

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1 Lawyer Answer
Lane Wood
Lane Wood
  • Licensed in Utah

A: The answer to your question will require more facts to answer specifically. I suggest that you consult with an attorney on this issue. Here is some general information that may be helpful:

1. Generally speaking jurisdiction over minor children falls under the UCCJEA. The UCCJEA generally provides that a state acquires jurisdiction after the child has resided there for 6 months. However, a state that issued a custody order (such as a guardianship) generally retains exclusive jurisdiction so long as the child, a parent, or a person acting as a parent resides in that state. If all such people have left the state, the case would go to the new "home state." There are exceptions to this general rule that may apply.

2. In Utah, if a guardianship is based upon consent, the guardianship terminates when the consent is revoked. If the guardianship is not based on consent, the standard is different.

Mike Branum agrees with this answer

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