The GAL assigned to my case refused to see me until I paid him in full which I could not do. He did not investigate claims made by other party to see if they were accurate did not ask me my side or allow me to present my evidence to him that claims made were a lie. At our temporary custody hearing... Read more »
You really, REALLY need an attorney on your side. If you have not contacted Utah Legal Services to see if you can get pro bono assistance, you truly should . . . Monday. A guardian ad litem SHOULDN'T favor a party who pays over one who does not, but that doesn't mean it might not happen. If you say...Read more »
Aprox. 5 years ago my 3 children were taken by their father while I was in jail a couple days due to my children not having a guardian in which I had signed a paper of temporary guardianship to my daughters best friends mother which was in effect the day they were taken. Since they were taken they... Read more »
That sounds like a challenging situation. A parent could first report the children missing with the police. If you can afford one, you might consider hiring a private investigator to help locate the temporary guardian and children. Skip tracing services are also available (Google "skip tracing...Read more »
Husband and I did not live together between 2006 and 2016 never reconciled and he wants custody of second child not his he ordered child support for but he never paid cuz she's not his kid and claimed her on his taxes four yrs in a row and I want this resolved. Custody returned to her natural... Read more »
This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.
I got with my ex when she was pregnant, found out she cheated on me at least twice since he was born. I left two months before his third birthday in April 2017, had him every other weekend until October 2018 when I offered to pay half his daycare to get 50/50 custody and have had him every other... Read more »
A person other than a biological parent, such as a grandparent or a step-parent, may petition the court for custody and visitation of a child in Utah. But there must be special circumstances for the court to award custody and visitation to a person who is not a parent.
Hi. Happy to help, but first need a little more information. I'm assuming this is for a pending divorce action. If so, you should have received a Motion for Temporary Relief as well as other supporting documents. That Motion will outline the relief being sought.
My oldest son lives with his father. His father has sole custody (I have sole custody of our other child). My son was abused by his stepmother. DCFS is involved. Justice court is involved. I was not given information about the trial nor was I informed that the prosecutor had been changed. I thought... Read more »
Regardless of what was SUPPOSED to have happened, you should take an active interest in this case if you are willing to take custody of your oldest son. If you are NOT willing to take custody and just have hurt feelings because you were not notified, I believe you are out of luck. Hopefully you...Read more »
The childs father and I are trying for full custody, as we believe the child is being neglected, emotionally and physically. I am currently taking pictures of what I can and writing down everything he says it's happening there. He's not getting fed, and he's rarely in clean clothes. He usually... Read more »
Utah law only requires one party to the conversation be aware a recording is being made, so, yes, you may legally record the conversations with or without his knowledge. As far as helping your case, requesting the appointment of a guardian ad litem would probably be more advantageous than your...Read more »
My husband has joint custody of his daughter. We recently found out that she is being mentally, Physically, and sexually abused in her mothers home. We have already filed a case with child protective services but we fear her mother will retaliate against her if she goes back home. Can we keep her... Read more »
You would need to file a petition in Juvenile Court. See https://www.utcourts.gov/abuse/child.html for the form or seek advice from a licensed attorney who practices in the Fifth District (Washington and Iron Counties).
My ex was arrested for murder. My son is in custody with my ex boyfriends aunt. There is no custody arrangement. I just want to get my son I have been trying for the last 2 years but the father would not let me see him and left with my son to another state. I have spoke with law enforcement and... Read more »
this is not really my area of law here, so I would encourage you to seek more advice, but to my understanding, if the ex has sole physical custody, then they can decide where to live independent of your preferences. You still have a say in medical decisions and other areas, but they have...Read more »
If you are doing it voluntarily, then no you don't have a right to sue her. She is supposed to be using the funds she is collecting to take care of her son. If she isn't, then the son has a claim or the father has a claim against her. If you are the guardian of the son then you might as well....Read more »
My husband has anger issues, pornographery issues w/cross dressing. Is it possible for me to file for a legal separation and somehow demand that he complete therapy before having overnight visits with our kids? Also, since I make more money, do I have to pay him?
Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.
It depends on the terms of the court orders. Generally, the other parent cannot control who the other fparent allows to be around the children. However, if there are no court orders, whoever has the children has custody and you are stuck with what your boyfriend may agree to until you get court...Read more »
It depends on your girlfriend's level of "disabilities" and whether or not someone else has guardianship of her. Otherwise, generally speaking, without any other information regarding your situation, there is nothing stopping your girlfriend from moving in with you when she turns 18. Working with...Read more »
My husbands ex-wife is trying to send their daughter to another state during her uninterrupted parent time to be with a family member and she will not be with their daughter during this time. They have 50/50 joint physical and legal custody.
More information is needed regarding your husband's situation. In order to answer your question it is important to know the specific terms of your husband's Decree of Divorce and any other orders and facts in your husband's divorce case. One question, for example, is whether or not there is a...Read more »
Kids were born between 2004 -2007. The father and I were never married and I've been their only supporter during this time. The father and I separated in 2008 when he moved to Idaho, and I've been supporting them solely ever since. There is a court order for child support which was paid 3 times... Read more »
Generally speaking, without any other information regarding your situation, your chances of getting sole custody completed through the court system is 100%, as long as you can get the father served with the court papers. De facto, you have 100% sole custody right now, so it is unclear why you want...Read more »
It depends. Ultimately, child custody is determined by a judge. However, the nomination of someone in a deceased person's Will is taken into account. When another parent is still living, the children will usually go with that parent.
Finances, on the other hand, are 100% determined by the...Read more »
Legally, it will depend on the terms of the court orders. Generally, a former spouse cannot control who the other former spouse allows to be around the children, but it depends on what your boyfriend may agree to as divorce settlement. Unless you are an ax murderer, drug abuser, child abuser,...Read more »
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