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Utah Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Native American Law for Utah on
Q: I’m not on the birth certificate and I haven’t taken a paternity test and I don’t want to be apart of it what can I do ?

I don’t want to be apart of the child’s life

Paul Waldron
Paul Waldron answered on Apr 9, 2021

You are not required to spend any time with the child.

As for child support, unfortunately you can only wait for the other shoe to drop or deal with the issue definitively. If you want to simply deal with the issue, you can obtain a paternity test; there are various ways to make this...
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1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Can a child choose to live with dad. Even though he is on supervised visits issued by a judge.

2 years ago dad was put on supervised visits because he is an alcoholic. The mother began to let the kids go with their father without supervision and without going back to court. Now the 14 year old child wants to live with dad. Is that possible?

Mike Branum
Mike Branum answered on Feb 3, 2021

I'm having a sense of deja vu with this question. Possible? Almost anything is. Advisable? That depends on whether dad is still an alcoholic. If dad is still an alcoholic, mom lets the 14 year old go live with him, and anything happens to the child; mom could face both civil and criminal... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Can a child choose to live with dad. Even though he is on supervised visits issued by a judge.

2 years ago dad was put on supervised visits because he is an alcoholic. The mother began to let the kids go with their father without supervision and without going back to court. Now the 14 year old child wants to live with dad. Is that possible?

Mike Branum
Mike Branum answered on Feb 1, 2021

Possible? Almost everything is. Advisable? Probably not unless dad is a year sober. Legal? You have already set a precedent by allowing variations from the court order. If dad petitions the court, he could possibly get more visitation than the current order but it is much less likely that he would... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: What are the laws for non-biological parents and child custody?

My boyfriend has 3 girls from a previous marriage, two of them are non-biological and he never got to adopt them but they consider him their dad, it's been recently that they want to live with him. What are the laws on this? If he never adopted them but has been in their life since they were... Read more »

Mike Branum
Mike Branum answered on Jan 13, 2021

If the girls and their mother live in Utah, you can file an action for custody and visitation for persons other than parent (see Utah Code Annotated 30-5a-103). I do not believe there are any forms precisely on point on the Utah Court's self-help website... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: I haven't had contact with my daughters bio father in almost 5 years.

custody is not established. When she was a baby I did have an open ORS case and recieved child support. I closed the case over 3 years ago- and have not had contact with bio father almost 5 years. What do I need to do to next? Is this considered abandonment? Is terminating rights possible at this... Read more »

Mike Branum
Mike Branum answered on Dec 15, 2020

You should have a very strong case for abandonment and termination of parental rights if the sperm donor knew where the child was, had the ability to make contact, and merely failed to make an effort to maintain contact. If he can demonstrate attempts to communicate or show that you interfered with... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Utah on
Q: Can you petition for an ex parte child protective order in UT, for an (unrelated) child who recently moved out of UT?

Child was in utah for years before leaving with mother to flee domestic violence. no custody orders on child have ever been filed. Petitioner was the perpetrator of domestic violence, and is not at all related to child and has never lived with child. Does Utah allow for people to petition for a... Read more »

Mike Branum
Mike Branum answered on Dec 14, 2020

UCCJEA questions are never simple and this forum allows for very few details so remember that this answer is NOT legal advice. That being said, you can FILE for a lot of things; whether or not the Order is enforceable is another matter. It is incredibly difficult to get orders of this nature... Read more »

1 Answer | Asked in Child Custody for Utah on
Q: Do Custodial Parents receive birthday time with their child?

I have full custody of my 3 children. My ex-wife has Columbus Day (Monday) for her holiday, which as I understand will be from Friday 9am until Monday at 7pm. My daughter's birthday is Sunday and my ex-wife has birthdays ON their birthday this year. I have usually had birthday time either the... Read more »

Lane Wood
Lane Wood answered on Oct 8, 2020

This will depend on your court order and your parent-time schedule. Without reviewing your order, it is impossible to tell you whether you have birthday time or not. The statutes for parent-time when you live within 150 miles include holiday time for birthdays. The statutory schedule for when you... Read more »

2 Answers | Asked in Child Custody and Family Law for Utah on
Q: I have been divorced for 2 years. From before the divorce was final, ex-husband would pick up and drop off our child.

He has missed a lot of visits saying that I am refusing to let our child go (which is untrue), he just never contacts me and/or picks him up. He is now engaged and has started saying I need to meet him in the middle. When we did our divorce papers, he would not agree on a meeting provision, so it... Read more »

Mike Branum
Mike Branum answered on Oct 8, 2020

Meeting in the middle is more or less the default absent a showing of why the arrangement should be different. At least if you arrange to meet in the middle you should know in advance when he is going to exercise parent time. If he fails to show more than once or twice, you likely have a good... Read more »

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1 Answer | Asked in Child Custody and Health Care Law for Utah on
Q: Does my step daughter have to change her name to receive health insurance benefits?
Lane Wood
Lane Wood answered on Oct 2, 2020

This sounds highly suspect. Husbands and wives with different last names can share an insurance policy. Parents often insure step children with different last names. Parents can insure their children who change their last name in marriage (assuming the other requirements are met). I know these do... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My daughter & ex son in law have joint custody for their 2 children in the state of Utah. A few months ago my daughter

Came to Arizona because she was having some problems. Her ex agreed to keep the girls while she was away but before she left she was served papers from her ex stating he wanted full custody. So she responded to the courts from AZ & was given a court date & time that they were to have a... Read more »

Mike Branum
Mike Branum answered on Aug 6, 2020

She really needs a Utah family law attorney to ensure her rights are adequately defended. That being said, she should contact the clerk and see if an order issued after the missed hearing or if there had been any additional filings. She may need to ask the Court to set aside any order that was... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: have 2 children they have always resided with their mother until recently my son now 14 has decided he wants to live

with me. there is a CS order from Utah for 1100. month for both children. and recent modifications say her part 331. and mine the 1100 they say I have to pay 12 months out of year. there is no decrease because one resided with me and she does not have to pay unless they are both with me. this makes... Read more »

Mike Branum
Mike Branum answered on Aug 4, 2020

You will need to file a request / petition / motion (depending on the jurisdiction, it can be called different things) to modify the child support in the court where the child support order was issued UNLESS that court is in a state where neither you, your ex, nor the children still reside. If the... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
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?

Lane Wood
Lane Wood answered on Jul 29, 2020

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...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Utah on
Q: My ex husband is taking my daughters to Florida next week. With Covid cases spiking there, is there any way to stop him?

My girls are 14 and 16. They are flying and staying in Florida for a week. I object to this, but is there any legal way for me to stop him from putting them, and my family here at risk?

Mike Branum
Mike Branum answered on Jul 10, 2020

No. Even if you could get a hearing scheduled, which is unlikely, I cannot imagine a court enjoining your husband from travel with the children which is otherwise allowed by the existing agreement.

Side note: there have been virtually zero deaths in patients under 21. Unless your family in...
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1 Answer | Asked in Child Custody for Utah on
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?

William Melton
William Melton answered on Jun 17, 2020

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... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Utah on
Q: My daughter is in prison and needs a lawyer for custody case. She asked me to find her a pro bono lawyer and Im looking

For info on how to go about this?? Thank you

William Melton
William Melton answered on Jun 17, 2020

You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: What can be done failure to be served rule 109 with parentage petition, as well as ex statement of good joint cust pet?

Daughters dad has had no contact, but after several attempts to reduce child support, has now filed a joint custody petition, and served it on me.

First, he did not serve me rule 109, which was granted. Second, he did not include his statement of goodwill as required, with his petition... Read more »

Lane Wood
Lane Wood answered on Apr 28, 2020

I'm sorry that you are going through a custody fight. Custody battles are often hard fought and emotional. I will do my best to answer your questions, but I would also recommend that you seriously consider hiring an attorney to represent you. Custody determinations can have lasting effects on... Read more »

1 Answer | Asked in Child Custody for Utah on
Q: My parents kicked me out but kept my child. I want to go get her now but they won’t let me.

My husband and I had moved into my parents back in August of last year from St George so he could finish school at Weber. My parents made us sign a contract in order to move in- no drinking no smoking no cussing. And we werent paying rent . In December my husband left me so I was living with my... Read more »

Lane Wood
Lane Wood answered on Apr 23, 2020

I am sorry to hear that you are going through this process. You may want to consider calling the police. Unless they have established guardianship over your daughter, they have no legal rights to keep her from you. If that is not successful, consider doing a consultation with an attorney who can... Read more »

1 Answer | Asked in Child Custody and Child Support for Utah on
Q: My child’s father hasn’t seen her or paid child support in 2.5 years. We have no custody order. What do I need to do?

I would like to get sole custody and potentially go after child support but am afraid he will try and get custody of my daughter. Will he be able to get rights after not seeing her for 6+ months?

Lane Wood
Lane Wood answered on Mar 2, 2020

The answer to this question is that it depends. Generally speaking, a termination of parental rights is a very difficult task. From your question, it does not appear that you are seeking to terminate parental rights. However, short of a termination of parental rights, a parent will always have some... Read more »

3 Answers | Asked in Child Custody and Criminal Law for Utah on
Q: Can I file a protective order for my child?

I just want to know if I am able to file a protective order for my child 15 years old against her cousin over 30 years old? He was sending my daughter naked pictures of himself saying it was an accident but also saying he’s ok if he does it accidentally and if she felt like she wanted to send him... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Feb 29, 2020

This question is a family law question - try that area.

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1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My mom filed for custidy of my kids

She never told me & I was in a treatment center while i was in there she took my mail which had the letter from the court so I missed the court date & now I need to know what to do to get my kids back

Lane Wood
Lane Wood answered on Feb 18, 2020

You will want to get in touch with an attorney sooner rather than later. The answer to this question could vary greatly depending on what exactly happened to get custody of your kids. You will want to meet with an attorney who can look up the case to determine what was filed - guardianship, custody... Read more »

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