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Utah Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Civil Rights and Family Law for Utah on
Q: If no custody order is in place can my ex keep my son from me . can I go get him with a police officer
William C. Head
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answered on Aug 22, 2017

This issue needs a local lawyer to assist you. Plus, reading this question, the first thing that comes to an attorney's mind is, "What did you OMIT from this question?"

The fact that she is "keeping" your son from you raises a red flag.

Have you legitimized...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: What is the process for a step parent to adopt the child of his/her spouse?

My boyfriend and I are thinking about getting married. He wants to adopt my child, who's 4. I'm not sure of who his biological father is. I registered him as a single mother. Only me is on the birth certificate. How soon after we get married can we start the process and what is the process for that?

Jason F. Barnes
Jason F. Barnes
answered on Aug 8, 2017

To answer your first question, you can start the adoption process now. However, please understand that 78B-6-136.5 states:

(2)(a) If the prospective adoptive parent is the spouse of the pre-existing parent, a final decree of adoption may not be entered until the child has lived in the home...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Which of the following am I entitled to if I file for divorce?

My husband has been unfaithful during our 5 and a half year marriage, we have one child and I am currently pregnant with number 2. His car is paid off, our 2nd car is a lease under both of our names. He has a house where he is a "co-applicant" but he is on the loan and the title of the... View More

Devin W. Quackenbush
Devin W. Quackenbush
answered on Jul 10, 2017

You should have a good strategy for your divorce case. Finding the right lawyer for that can be daunting. Most lawyers will allow you to have a free consultation to determine whether they would be a good fit for your case. Feel free to reach out to a lawyer's office to see if they offer a free... View More

1 Answer | Asked in Child Custody for Utah on
Q: What is the chance that a judge would separate half siblings that have grown up together with a strong bond. 5 & 8 yr

I have sole custody of my 8yr daughter and a 70/30 of my 5 yr old. The schedule is about to change for his school schedule to every other weekend with his dad. His dad says he wants 50/50 now but I don't want to separate my kids. They have a strong bond and the term half siblings has never... View More

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

The second factor that the judge must always consider, after a change in circumstances, is the best interests of the child/children. You have made the argument above that, though there may be a change in circumstances, it is not in the best interests of your son to live under a 50/50 parent-time... View More

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: im 17 and live with mom i want to live with dad can i move out and live with him.

i live with mom and i hate it here i feel alout better at my dads, my mom treats me bad and i dont feel wanted and i was wondering if u move out and live with my dad and she calls a run away is there anything the cops can do if it is my choice to live with my dad and not ny mom i am 17.

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

You had better talk to a lawyer. We cannot answer this question in this forum, as it is too specific, cannot be generalized and should be subject to the attorney-client privilege.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Utah on
Q: I have a niece in Utah who is 17 she is getting ready to graduate, she wants to move with her dad to Missouri mom say no

I also just found out that her step dad got handsy with her, she went to her grandparents and told them, they told mom. Mom does not believe her but she did tell him to leave, she told her father but she will not let her talk to her dad without mom in same room she wants to know what she tells her... View More

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

Under Utah law, until a child turns 18 or emancipates, the child must live where any court order says the child must live.

Under Utah law, everyone must report any believable allegations of child abuse or neglect (including getting "handsy") to either law enforcement or the...
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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Utah on
Q: My boyfriend turns 18 in December but will still be in highschool, can his mom stop him from moving in with me?
Paul Waldron
Paul Waldron
answered on Mar 5, 2017

Absent a court order, the mother of your 18 year old boyfriend cannot stop him from moving in with you. If there may be financial or other consequences, that is a different situation.

1 Answer | Asked in Child Custody for Utah on
Q: My daughter is pregnant with someones child. They are not together. He does not work. He threatens to take custody.

She works full time. He works for payment under the table. So actually it looks like he doesn't work. What should she do to protdct herself and the baby?

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

There are several things your daughter can do to protect herself and the baby; you will want to consult with an experienced lawyer to determine what steps to take or not take given your daughter's circumstances.

Many times unmarried fathers threaten to take custody of an unborn or...
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1 Answer | Asked in Child Custody for Utah on
Q: Can I lose custody of my child if my brother, a felon, moves in with us?

I currently have close to 50/50 custody with my ex (I have physical custody) and my little brother, a convicted felon, is planning on moving in with us for a few months. None of his charges involve children, and none are violent (except he got convicted of possession of a fire arm by a felon but... View More

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

Given the facts you have presented in your question, it is unlikely that your situation would result in a change in custody. However, if there are additional negative facts, a change in custody is possible. Your ex could seek some kind of restraining order prohibiting you from having your... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: Due to health issues now i have joint custody with my parents how do I give them full? Do I have to go to court? Utah

Father of child in jail no custodial rights. In jail in another state for abuse of child and attempt murder of mother. Never married

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

This is a very difficult question that is very fact specific. You need to seek the advice of a lawyer to discuss the particular facts of your situation, as it may not be necessary or in you or your child's best interest for you to have your parents have "full custody" in order for... View More

1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Do I have to always give my ex first pick to watch the kids? And can he record our conversations?
Paul Waldron
Paul Waldron
answered on Mar 5, 2017

Whether or not you have to give your ex first pick to watch the kids depends on the custody and parent-time orders in your case. You need to read that order and any statutes referenced by the order to determine this issue. A quick appointment with an attorney with those documents should answer... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Q: My husband and I are getting married next month. Im the only one working do i have to pay child support?

He has 4 other kids with 4 other woman. He dont have a job and he is incarcerated. He does not plan on working for the rest of his life. I always work. Will I end up paying child support? If I end up paying child support is there anyway I can have custody if the child if the Mother is living off... View More

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

In Utah, a spouse is not liable for a new spouse's child support obligation. It is unlikely that you can obtain custody of a step child on the basis that the natural mother with custody of the children is living on government support. You will need to consult with a Georgia lawyer to learn... View More

1 Answer | Asked in Child Custody for Utah on
Q: I have a custody agreement based off code ann 30-3-37, we now live within 150 miles how does this affect our agreement

We agreed to 30-3-35 in our agreement prior to relocation but that agreement was voided by the last. Does it revert to that schedule?

Billie Crocker
Billie Crocker
answered on Feb 7, 2017

I don't know why you think 30-3-35 was "voided" unless you entered into a completely new agreement upon relocation. Ordinarily, your decree still controls parent time but the schedule and transportation costs would revert back to the 30-3-35 if the relocation statute no longer... View More

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If a holiday weekend falls on the same parent's parent time weekend, but the weekend is longer, which takes precedence?

For example, if a parent's winter break time ends on a Monday at 7pm (per statute), and it's the same weekend of that parent's parent time, except that the parent time weekend ends on Tuesday, can that parent combine the holiday with their weekend, thus returning the child(ren) on... View More

Billie Crocker
Billie Crocker
answered on Feb 6, 2017

I believe you can return the children in this example on Tuesday.

UCA 30-3-35 says:

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

(d) if a holiday falls on a...
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1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If my daughters dad took my daughter and won't give her back.

Neither of us have custody she lives with me we were never married don't I have sole custody?

Christopher J. Salcido
PREMIUM
Christopher J. Salcido
answered on Feb 1, 2017

No. You don't have any court orders yet. You need to get into court asap.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Does she have legal recourse if I don't pay?

My kids mom is attending school and asked my wife and I for help with childcare last year and we rearranged our work schedules at a cost to us, to accommodate her classes. This year she added some classes/ days and has again asked that we help. We agreed to help but asked that she pay $5/wk for... View More

Christopher J. Salcido
PREMIUM
Christopher J. Salcido
answered on Feb 1, 2017

The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at... View More

3 Answers | Asked in Child Custody for Utah on
Q: My mother is in jail, shes willing to sign over her parental rights to me for my 16 year old sister how do I get custody

Little sister lives in north Carolina with her real dad it is a bad situation from what shes told me. He does not have custody of her my mom does. so how do I fight him and win.

Devin W. Quackenbush
Devin W. Quackenbush
answered on Jan 31, 2017

There are some details that are necessary to answer your question that are missing from your question. However, your mother who has the court order granting her custody would have to pursue an action to have the child returned to Utah. I would recommend speaking to an attorney about all of the... View More

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1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Utah father's rights suspended didn't complete required classes. He wants a visit am I liable for anything if I let him?

Are there any legal ramifications if I let him see his son when the court has suspended his parental rights for not completing his required parenting classes? He will make my life difficult if I say no and claim he did the classes which he hasn't. But if there will be liability or trouble with... View More

Brian K Jackson
Brian K Jackson
answered on Dec 10, 2016

It is a court order so if you go against it you could be found in contempt.

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: What are my options?

My son's father has never met, spoken to, or been involved with our son. Very rarely pays a small amount of child support (I have a child support case open). He participated in paternity testing, and it's proven he's the father. My son is 2 and his father has moved to 2 different... View More

Brian K Jackson
Brian K Jackson
answered on Nov 21, 2016

Yes there are a few things you can do. Also, if you were never married would help determine how hard or easy the process will ne.

1 Answer | Asked in Child Custody for Utah on
Q: Custodial parent has removed child from Utah against court order what can I do?

I live in las vegas nevada but court order is in beaver utah.

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

You can try and file an injunction. It will depend on what the language says in the decree as well in regards to moving and notice.

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