Utah Child Custody Legal Questions

What do your orders on custody and parent-time say? Those orders control. If you haven't addressed the issues in court, a lot depends on why the other parent is out-of-state, and the financial abilities of the parties. Section 30-3-37 covers this in general. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number.... Read Answer

You fail to state which state the pending court action is in, or where the original divorce is. That could have bearing on any answer. Also, I'd need to review the decree and the pending case, if it is in Utah, to really be able to answer your questions. If it is all in Utah, then usually the parent cannot make that move, again depending on your actual orders. Depending on all the facts you have, and the orders, you might be able to file a petition to modify custody in the district court. Not having an attorney is a big mistake in a custody dispute. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. You need to get with an aggressive family law attorney who has experience with divorce modification, custody changes and difficult cases. I know what these cases are like, having handled a number.   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.   
Don't wait any longer, give a call and let's getting working to protect your children.
   
David R. Hartwig   

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sorry to hear of your difficulties. Without reviewing the orders from the various courts I cannot really answer your questions or give you ideas about the success you seek. Depending on all the facts you have, and the orders, you might be able to file a petition to modify custody in the district court. Not having an attorney is a big mistake in a custody dispute. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. You need to get with an aggressive family law attorney who has experience with divorce modification, custody changes and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office. 
Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

You say you can't afford an attorney, yet your situation shows that you truly need one. Any opposition has to be filed 14 days before the hearing -- and depending on what you are requesting, service through his attorney may not be valid. You can object to the late filing and ask for an extension to respond. But you really should find a way to hire an attorney, particularly as you could be awarded your attorney fees if you requested them at the hearing.... Read Answer

The simple answer is that unless you are now married and your spouse wants to adopt the childlren, you will probably not be able to do this. This is Utah's policy in essence.   The best thing you can do is modify your custody orders severely limiting his contact with the children, essentially making it so that he cannot see the children.... Read Answer

You look around and check out aggressive attorneys. I am an aggressive and experienced family law attorney (35 years of family law).  I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone for an appointment. But, do get moving quickly, as you have a hearing set in January. I need time to prepare to fight for your rigths. David R. Hartwig 801-486-1715... Read Answer

The first thing you need to do is file for divorce. Fleeing the state now with your son will only complicate matters for you and cause you problems. Utah has the power to determine custody, not whatever state you may move to. You are in a real mess. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number.   You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your children, and your rights with those children? You should be able to get in with attorneys today, I know that I have some openings. So, check around. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.
 Don't wait any longer, give a call and let's getting working to protect your child. 

David R. Hartwig

 801-486-1715... Read Answer

Steve, I don't really see a question here. Are you looking to modify custody orders based on the arrest? If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715... Read Answer

First, I'd have to review your current custody orders to see what the restrictions are. Once I did that, we could see about modifying those orders, assuming your completion of the requirements fully meets the current orders. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office tomorrow morning. 
Don't wait any longer, give a call and let's getting working to protect your children.

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

In Utah, you have no rights to the child in any way until you obtain court orders. You need to file a paternity action to establish your rights and obligations. I am sorry to hear that mom is not allowing you contact with your child. Your situation involves major factual and procedural issues. These are issues that we can discuss. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. I am an aggressive family law attorney who has experience with paternity, custody, adoption, and difficult cases. I know what these cases are like, having handled a number. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. 
Don't wait any longer, give a call tomorrow (today the courts are closed so there is nothing I can do) and let's getting working to protect your interests in this child.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

It what you say is true, then you had best get the an aggressive family law attorney. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number. And you'll need my help in both cases, if nothing else then an attempt to shut the current wife down from causing your problems in the other matter.  You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your children, and your rights with those children? You should be able to get in with attorneys in the next day or two, I know that I have some openings.... Read Answer

Okay, you are in a real mess! Understand that you only have 14 days after the pronouncement to object and take the matter to the judge. I presume that you don't have an attorney, since you don't mention one. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with custody and difficult cases. I know what these cases are like, having handled a number.  You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your child, and your rights with that child? You should be able to get in with attorneys today, I know that I have some openings. So, check around, or call me... Read Answer

Okay, you are in a real mess! Understand that you only have 14 days after the pronouncement to object and take the matter to the judge. I presume that you don't have an attorney, since you don't mention one. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with custody and difficult cases. I know what these cases are like, having handled a number.  You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your child, and your rights with that child? You should be able to get in with attorneys today, I know that I have some openings. So, check around, or call me. ... Read Answer

You need to get aggressive and take him back to court to be held in contempt for violation of the visitation orders. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

You will need to be appinted the child's guardian by the court. Be aware that the child's father may dispute this action, so you need to be properly prepared with counsel. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your child.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

A lot depends on exactly why you are going to court tomorrow. Hopefully it is not for actual trial. You need to appear and tell the judge that you want a continuance to find new counsel. You need to simply be bold, and be prepared to state the reasons for your conflict with your current counsel. What is important here is your case for custody, not your attorney's feelings! So, be prepared to state, in detail, the problems with your attorney if the judge wants to know. You can always ask the judge to make sure that your complaints about counsel are off the record, and that opposing counsel cannot somehow use your statements against you in the future. You will then need to get moving very quickly to hire new counsel, as the judge may not give you long to find a new attorney. Your custody case  involves major factual and procedural issues, which will need to be quickly reviewed and evaluated. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, tell the judge what your problems are, get and extension of time, and give a call. Let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com  ... Read Answer

Hey Randi, viewing child porn is a problem and you can benefit in child custody matter by brining it up in court. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read Answer

Jared, First you need to get a new attorney to help you with your custody issues. That is the most important step to take. Your situation involves major factual and procedural issues. These are issues that we can discuss. Second, as to the fees, to me that is secondary. You children are the most important issues. But, once you get a new attorney, then you can see about getting an accounting of your money, and if there are problems, we can work on those as well. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

First of  all, I would need to review your decree and parenting plan. There may be provisions or restrictions contained there that could have bearing on what you may, or may not be able. Second, obviously th 50-50 would need to be changed. Your chances of gaining full custody depend on the facts of the case. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.

 David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

You may be able to do so, but you need to act quickly. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your niece. 

David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

You husband can make the request, but the attorney may be the only person who handles family law matters in the firm. Plus, if the firm is allowing such problems to exist with this attorney, who says that the problem does not extend to others. Your husband may want to consider a second opinion from outside the firm. Plus, even if the firm assigns a new attorney, that attorney will need to "start over" as to what has already happened, just like any outside attorney. Lastly, any unearned retainer fee should be refunded to your attorney. The best thing to do is get with an experienced family law attorney to review all of your facts and papers. I may be able to assist your husband, should he desire. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

Your daughter can leave at anytime that she wants; the issue is the child. You fail to say how long the child has resided in New Jersey. Odds are that your daughter needs to file a custody case in New Jersey (assuming the child has been there long enough. And, she should have filed for a protective order long ago; now she has a claim of abuse the boyfriend can use against her. Tough case, but absent additional proof of where the child has been living, it looks like it is all a New Jersey case.... Read Answer

You can change the mediation agreement based on his material non-disclousre. How you do that depends on where you are in the legal process, and you should move quickly to avoid the entry of orders based on the agreement. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

You could file to be appointed as the guardian of the children, which should give you the power to enroll them in school. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig 

801-486-1715... Read Answer