Utah Child Custody Legal Questions

Yes you can make this change. The easiest way is if your ex agrees to the change. If he does not, then you need to file a petition to modify. Either way, you will need to create and file a new order showing the new custody arrangement, as well as address the financial issues, such as child support. Based on what you say, you don't have an attorney. That 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. 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 More

A lot depends on whether your son has filed any sort of paternity, has he file an acknowledgement of paternity? You might be able to petition for custody, but it would be difficult. You would need to start by getting certified as a potential foster parent.   You are in a mess, and you need an attorney. 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; as you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

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

If your wife does not want to move, the courts will not force her. As to the other problems and concerns you raise, your situation involves major factual and procedural issues. Those 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 More

You should immediately contact DCFS. Then you need to get with an experienced attorney to work out the details as to who you are, your relationship to the child, and what, if anything, you want as it may pertain to custody. 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 More

You will need to file a paternity action to determine your rights and responsibilities. Going through the suit you will be able to look at custody, parent-time, child support and the like. Then you will have some legal rights to enforce. As mom is already fighting you, you may have a fight on your hands. As such, this is probably not a DIY action. Your situation involves  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 child and your rights. 
David R. Hartwig 

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

Has your husband ever filed a paternity action to have custody determined? If not, then that is where he needs to start. If he has, then he needs to file a petition to modify the current custody orders. It is very important to learn why the daughter does not want to return, and that needs to be done in a gentle open conversation without leading her answers. What has she talked about? What has she volunteered as to her reasons? As the daughter is only with you for the summer, your husband needs to get moving forward on this, and not delay. 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 child.
 David R. Hartwig 

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

Thank you for your inquiry. I am assuming that the 3 hour drive will end up being over 150 miles distant. With that in mind, the long distance statute would apply, and you can change the parent-time arrangement by way of a motion. I understand that you want to see about reaching an agreement, if possible, which I support. It is always better to have an agreement then go to court and have a decision forced upon you. But first you should learn about what is involved with the long distance parent-time, what statute says, and how the costs of parent-time can be addressed. You should do this before you start discussions about any new 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 and your parental rights.
 
David R. Hartwig

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

You appear to be reading 30-3-35 correctly, assuming that there is not anything else in the custody orders or parenting plan that would contradict. But, do review both the orders and parenting plan to see how issues like this are resolved -- who is the tie-breaker. It might be a nice gesture to allow her some other evening if she actually does routinely work Wednesdays (though not necessarily the Friday), just to attempt to keep the peace and show that you are the "good guy" if any future dispute arises. And, make sure you document it via email. If this is just one of many other problems, you might want to look into having a special master appointed.... Read More

Your actual office visits are private, between you and your physcian. You physician should also help you understand that fact. But, do understand that the father may be simply interested or concerned (or controlling). If there are already problems at this early stage, you will need to start looking out for yourself, and not let him get on your nerves and upset you, and hence the baby. Looks like you are going to be facing conflict with the father and if so, you should probably start your plans as to how to handle the birth, and life after birth with the father. It may be best to start know with an attorney to work for you directly, or at least as a legal family law counselor, so that you can understand your rights, and how to protect yourself. Look at http://www.hartwig-law.com/blog/2017/05/divorce-or-custody-issues-is-a-legal-coach-counselor-for-you.shtml. If I can be of any further help, please feel free to contact me directly. David R. Hartwig 801-486-1715... Read More

Okay, a child is born to you and the other parent, but the parents were not married. From what you say, there has been no court orders concerning custody. If that is the case, then the father has apparently not declared his parternity and until he does he has no real legal rights concerning the child. Only when a child is born during a marriage is there a presumption concerning who the father is. 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 More

You would need to file with the court for custody. I would need to review your guardianship papers, and discuss with you your reasons for seeking custody. Seeking custody might be more involved than simply keeping the guardianship. On the other hand, you might have some very good reasons for seeking custody. 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.
 As you are outside of the Salt Lake area, we can handle the initial, and almost all of the case work, by telephone. Don't wait any longer, give a call and let's getting working to protect your grandchild.
 
David R. Hartwig

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

A lot depends on what proof you have of your facts, and how long it has been since the original order was entered. You may be able to file to modify the orders, and seek joint custody, but your ex could fight. But whether he might fight or not should not be any reason for you to NOT seek your full custodial rights. 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 More

I am sincerely sorry to hear of your predicament. But before I can even provide any ideas as to how to proceed I'd need to review your file and all of the orders. What you really need to do is get with an assertive family law attorney and make a long-range plan for success; a plan that may include an order to show cause in re contempt and a petition to modify. For background on such severe custodial interference you can review my websitehttp://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml, my blogs http://www.hartwig-law.com/blog/, and my recent State Bar Journal article, https://www.utahbar.org/wp-content/uploads/2017/05/May_Jun_2017_FINAL.pdf, starting at page 18. 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... Read More

The odds don't matter! What matters is the facts of the case, what he can prove and any defenses you may have. You admit that the two of you are not getting along, which means that joint legal and physical custody is contraindicated -- joint parenting requires cooperation and respect for, and with, the other parent. You have two choices: see about having a special master appointed, or go back to court to review the custody arrangements and see what you can do. For your additional information, I have a number of blogs on high-conflict matters that you can find at http://www.hartwig-law.com/blog/high-conflict/. I also have numerous posts on Facebook and Google about these kinds of matters. As to the special master, I have blogs and posts on my website, http://www.hartwig-law.com/blog/special-master/, as well as Facebook and Google. I have also published an article in the Utah State Bar Journal, Co-parenting with a Non-cooperative Parent; Potential Alternatives to Reduce Conflict, which you can find at https://www.utahbar.org/wp-content/uploads/2017/05/May_Jun_2017_FINAL.pdf, beginning at page 18. So, you do have options available to you. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 Be proactive, start prepaing now. David R. Hartwig
801-486-1715
  ... Read More

You do appear to be in a mess. You are married, but I guess not living together, at least that is what I presume based on a claim for child support. There are a lot of facts that you did not provide, such as why you have a child support order against you, the circumstances concerning who is caring for the child and the like. These are factual issues that we need to discuss. I'd also need to review all of the paperwork you have received concerning the child support. We can also discuss your situation in the divorce action; youu did not provide any details on that. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read More

You need to review your situation with a family lawyer who is experienced with litigation. There are various issues involved, and I understand your situation with the materials being held by your former employer. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read More

That all depends on the facts and the other side. If you want new terms that are more specific and the other side agrees, then it would be fairly simple; if the other side disagrees, then there may be a fight. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More

These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More

You need to file a paternity action with the court to determine child support, child custody and visitation, healthcare, day care and the like. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More