Utah Child Custody Legal Questions

You stop it by getting with an experienced family law attorney to review the facts and represent your interests. 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 get with an experienced family law attorney. A lot depends on the facts of your case, and what the current court orders state. 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

I am sorry to hear about your dilemma, but things like this do happen. I am a solo attorney so I provide personal help to my clients -- there is only my assistant and me to talk with here. I am accepting new clients and I have over 30 years of experience to use in helping you. If you want some additional information, you can go to http://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml and http://www.hartwig-law.com/Family-Law/High-Conflict-Domestic-Cases.shtml. 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 say your "ex", so I presume you are divorced. Doesn't the divorce decree say anything about custody? From what you say, the child and mother are in Wyoming, and have never resided in Utah. If that is correct, you need a Wyoming attorney. If I am in error on any of these presumptions, let me know.... Read More

Good question. As it pertains to Utah law, I can find no authority in the Utah Code that requires a divorced parent to provide his/her ex-spouse with his/her address or with notice any time he/she changes addresses. You may hear someone quote this section of the Utah Code or show this section: 30-3-33. Advisory guidelines.... Read More

I am sorry to hear about your situation, It is difficult to deal with drinking, and raising children including an autistic child. In my opinion, you should face your problems now, make a plan as to your future, and start taking steps toward that future now. Delay may only exacerbate the situation. Filing now is an option, one that I would recommend as Utah already has jurisdiction to handle the divorce and address child custody issues and support issues. If you want more detailed information, please go to http://www.hartwig-law.com/Family-Law/Divorce-Mediation.shtml, and http://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office, but do understand that Monday is a holiday and my office is closed.
 David R. Hartwig
801-486-1715... Read More

You put this under the topic of child custody, but you do not say what it pending, or what is going on. If you are correct that your prior attorney did "nothing", then you should not be billed for having received no work. You may want to have that person's billing statements reviewed for correctness.  ... Read More

What you need to do is have the divorce decree reviewed to see what it says about his parent-time and his responsibilities. You may be able to take your ex back to court to force compliance with the physician's medicines and schedules. But, you will also need to show that you have properly provided full information to your ex. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the inititial consultation, feel free to telephone, or email, my office. David R. Hartwig 801-486-1715 drhlaw@ix.netcom.com... Read More

Generally the divorce decree controls, after that, statute which usually shares Christmas. I'd need to review that to really be able to answer your questions because their could be something out of general practice in your orders. Without reviewing your decree, the other attorney might be right ... but then again, he may be wrong. Either get with your original attorney to review the decree, or I could assist you in that. If you want, do telephone for an appointment to review your decree. David R. Hartwig 801-486-1715... Read More

You don't state whether you are married or not. That may have bearing on matters. Where to start? You start with hiring an experienced family law attorney who will review your case, make appropriate plans of action, and put those plans in place. Custody can be difficult to fight, and there are many ways you could be tripped up. I know, as I have handled a number of custody cases, including in your area. If you want more detail on custody, go to http://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml We should probably get together to discuss your issues, and circumstances. I offer a free initial 1/2 hour consultation, which we can handle by telephone if you want. From what little you say, the case might be in the Ogden court, but I'd actually need more facts. So, if you want to get moving on this, give a call to schedule an appointment and let us see what we can do.   David R. Hartwig 801-486-1715... Read More

Thank you for your question, and I am sorry that you and your spouse are having to experience these problems with your step-son. Your question needs to be changed a bit, for you are not fighting to gain custody, but to change custody. That fact makes things potentially more difficult, as custody has already been ordered. But, the fight is not impossible. I have handle quite a number of these types of cases and the chances of success depend on the facts. From your facts, the outcome looks more favorable, assuming that those are all relatively new facts and that you move quickly on them. If you wait, then you are implicitly condoning the bad behavior. To protect the child, you need move quickly when the events occur, the so-call strike while the iron is hot idea. I can assist you in this, and offer a free initial 1/2 hour consultation should you and your spouse want. That will give us a chance to meet, discuss the situation, and see if we feel comfortable working together. David R. Hartwig 801-486-1715... Read More

You say that the court ordered a paternity test, which means to me that you have a case at court (or was it through the state office of recovey services). You need to review that case with your attorney to learn what parent-time rights, and child support obligations, were set. Those orders would govern your case. If you do not have an attorney, you really should hire one to assist you. I have handle a number of such cases and know the complications that can arise. In that way, your fears can be addressed and if appropriate, orders set in concerning drinking and drug use. If you desire, I can assist you. Call my office for a free 1/2 hour consultation. As you are 16, you may want to bring a parent with you.   David R. Hartwig 801-486-1715... Read More

This is a common kind of question. This may answer your question, if you reside in Utah: *Utah Code 76-9-702.5. Lewdness involving a child. * (1) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of, a child who is under 14 years of age: (a) performs an act of sexual intercourse or sodomy; (b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area: (i) in a public place; or (ii) in a private place: (A) under circumstances the person should know will likely cause affront or alarm; or (B) with the intent to arouse or gratify the sexual desire of the actor or the child; (c) masturbates; (d) under circumstances not amounting to sexual exploitation of a child under Section 76-5b-201 , causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child; or (e) performs any other act of lewdness. (2) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection (2)(b) . (b) Lewdness involving a child is a third degree felony if at the time of the violation: (i) the person is a sex offender as defined in Section 77-27-21.7 ; or (ii) the person has previously been convicted of a violation of this section.... Read More

That all depends on what the custody and parent-time orders say. You don't say if there was a divorce, or if there was a paternity action. If neither of the two exist, is there even an order addressing custody and parent-time? If not, then: 1.  You really need to get custody and parent-time orders in place, so that you know who gets which holidays; and, 2.  With no orders, you don't have to allow anything. If you do have orders, then the content of the order will control. I'd need to review the order in person, because even though statute recognizes Columbus Day, your orders may be different. If your orders are different, then the orders would control, and not the statute. If you have any questions, I'd be please to assist you.... Read More

  You need to be very careful and ensure that you take steps now. to preserve your rights. You need to file an acknowledgement of paternity, which can take any one of many forms, including filing a court action for paternity now. My main concern, and the most dangerous problem, is that she does move before the child is born, and fails to advise you. Under Utah law, if to do not take any of the steps required to acknowledge paternity prior to mom consenting to an adoption, you lost your legal rights. And, her moving to another state, even if you simply attempt to file a form with the state, is not guaranteed -- in Utah, there is a recent case about a similar situaiton coming out of Colorado to Utah with dad having only signed an acknowledgement, mom came to Utah to have the baby, and dad had to go all the way to the Utah Supreme Court. But that case did not involve having filed a court case, which may well be a better option. The very best thing you can do is get with an experienced family law attorney. I have handled a number of these cases, should you want to contact me. ... Read More

You need to be very careful and ensure that you take steps now. to preserve your rights. You need to file an acknowledgement of paternity, which can take any one of many forms, including filing a court action for paternity now. My main concern, and the most dangerous problem, is that she does move before the child is born, and fails to advise you. Under Utah law, if to do not take any of the steps required to acknowledge paternity prior to mom consenting to an adoption, you lost your legal rights. And, her moving to another state, even if you simply attempt to file a form with the state, is not guaranteed -- in Utah, there is a recent case about a similar situaiton coming out of Colorado to Utah with dad having only signed an acknowledgement, mom came to Utah to have the baby, and dad had to go all the way to the Utah Supreme Court. But that case did not involve having filed a court case, which may well be a better option. The very best thing you can do is get with an experienced family law attorney. I have handle a number of these cases, should you want to contact me.... Read More

Great question, and one that comes up all the time. In Utah, the Code section that applies to your situation is Section 30-3-36(2). It reads as follows: 30-3-36. Special circumstances. (1) When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent. (2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent: (a) an itinerary of travel dates; (b) destinations; (c) places where the child or traveling parent can be reached; and (d) the name and telephone number of an available third person who would be knowledgeable of the child's location. (3) Unchaperoned travel of a child under the age of five years is not recommended. As you can see, Section 30-3-36 does *not* require the other parent's consent or permission for you to travel with the child during your custodial or parent-time periods. You are required to give the other parent information pertaining to when you are traveling, where you will go, and contact information for the child, but the other parent cannot prevent you from traveling with the child by withholding "consent" because her consent is simply not required. "That's all well and good, Eric," you may say, "but if she won't let me pick up the child from her house in time to make the flight to Anaheim, my legal rights aren't any protection this weekend!" True. So if you have enough time, you can file a motion for a writ of assistance, asking the court to issue an order to your ex to exchange custody of the child with you on your custodial/parent-time day that can be enforced by local law enforcement (i.e., the police of sheriff can physically force your ex to turn over the children to you). You will generally need at least 28 days between the day you file and the day of the hearing for this work, although if you have less than 28 days between now and your Disneyland trip, you could file your motion for writ of assistance on an "ex parte" basis, and hope that the court is sympathetic to your plight and sees your situation as necessitating issuance of a writ immediately.... Read More

You don't state what the issue is, except your note that the topic area is child custody. If the issue is child custody, the I need more facts, because moving with a child invokes some uniform statutes that address which state will have jurisdiction to hear a custody matter. With knowing who is doing what, and who is moving where, I cannot provide any further answers.... Read More