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?
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.
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 »
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 »
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 »
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... Read more »
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 »
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 »
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.
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.... 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.
Utah Code Ann. sec.... Read more »
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.
We have a video... Read more »
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 »
Since his dad is failing on taking care of him can I pick up my son to live with me no custody has been established
It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.
The first step, in my opinion, would be to have a conversation with the child's father,... 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.... 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 »
Hi,
I am not a family law attorney, but as I understand it, as long as your parental rights have not been terminated, your custodial rights should trump anyone else's except for maybe the father.
So if you just picked him up and took him home, it would be in within your... 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 »
he has been with me since he was 2 1/2 ( all verbal agreement)
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... 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.
A... Read more »
My ex says "I'm not having my girls over there (my place) until I meet him and talk to him for 2 minutes." And he also doesn't want me around while he does this.
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... Read more »
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