Salt Lake City, UT asked in Family Law for Utah

Q: If my wife up and leaves with our child .What can I do .there is no custody agreement

Related Topics:
1 Lawyer Answer

A: In order to establish a child custody, parent time, and child support, you need to file for separation or divorce and request temporary orders. You should act sooner rather than later, the longer you hesitate, the weaker your case will be. You truly need the assistance of a competent family law attorney but if you need to save up to make your retainer payment, I would encourage you to go to the UT Courts website and file to get the process started.

You have parental rights, but you are going to need a court order to outline specifically what the agreement is for when you get to exercise those rights. IF your wife has "up and left" across state lines or if she is denying you access to your child, she may be committing a crime. If either is true in your case, I would also contact law enforcement to determine if they can assist you. I will warn you that law enforcement is usually not very helpful in child custody disputes.

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.