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

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Utah

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.

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