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Utah Child Custody Questions & Answers
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 »

3 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Utah on
Q: Can my ex's sister, temporary guardian of our 16 month old daughter, legally restrict my visitation?

She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the... Read more »

Lane Wood
Lane Wood answered on Feb 16, 2020

I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.

Generally speaking,...
Read more »

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1 Answer | Asked in Child Custody for Utah on
Q: My ex has full physical but we share legal custody, does she have to tell me where my child is?

My ex has full physical custody but we share legal custody. My daughter has been living with her grandparents for the past 3 years. About a month ago my ex and the grandparents stopped communication with me. Is this legal?

Lane Wood
Lane Wood answered on Jan 25, 2020

This is likely a violation of one or more provisions of the court order. You should consider filing an order to show cause to enforce the order. You may also want to seek a modification of the order.

1 Answer | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Utah on
Q: Order to show cause?

I filed an order to show cause over a month ago and he never filed an answer. He does have an attorney and has since thw beginning. My court hearing is in 8 days and he just barely sent me a response today. In was just wondering if he's allowed to do that? Because in was told I had to file a... Read more »

Lane Wood
Lane Wood answered on Jan 3, 2020

I think that you may be confusing the time to respond to a Petition (likely for custody or divorce) and the time to respond to an order to show cause. The 21 days to respond applies to a Petition or complaint that is served upon you. On the other hand, an Order to Show cause has different... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Would I be able to move out of state with my daughter?

I have full custody and he has standard visitation. I was wondering if I'd be able to move out of state with my daughter and what steps I'd need to take to do so? Can I move if I give him notice and have a parenting planning place for when I move or do I have to get approval from the... Read more »

Brian Craig
Brian Craig answered on Jan 3, 2020

Utah Code section 30-3-37 governs relocation if the controlling decree does not address relocation.

At least 60 days before the planned move, the parent who plans to move more than 150 miles from the other parent must send the other parent a Notice of Relocation that tells the other parent...
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1 Answer | Asked in Child Custody for Utah on
Q: My son is not on the birth certificate, and wants to get custody , what is the 1st things he should do?

His daughter is 4 and he is not on the birth certificate since he was not there at the time of birth.

She is currently with her mothers mother, with temporary custody.

My son wishes to gain custody of her and wants to know what is the 1st things he should do to get this started,... Read more »

Lane Wood
Lane Wood answered on Dec 19, 2019

Custody cases can be very complex. What to do often depends on the specific facts of the case. A paternity test may or may not be required. You indicated that the mother's mother has temporary custody in place. If that is a court order, you son may already have had his rights adjudicated, at... Read more »

1 Answer | Asked in Child Custody and Divorce for Utah on
Q: I just finalize my divorce and my ex has parent time but I have a protected oder against him with no contact at all.
Lane Wood
Lane Wood answered on Dec 16, 2019

You should contact an experienced attorney about this issue. You will want someone to review both the Decree of Divorce and the Protective Order and advise you on how those 2 orders interact. Without seeing both orders, it is impossible to tell you what you can and cannot do moving forward.

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