Utah Child Custody Legal Questions

No. You can not change his name without the permission of the family court and the agreement of the father. He pays support. The fact that it comes through DCS is irrelevant. He pays it to them. Your new husband adopting the child is a much bigger issue. Were that to happen (the father would have to relinquish) then the child's name can be changed.... Read More

All your boyfriend has to do in the custody evaluation is show that you do not pose a risk of harm to the children. If there is no valid reason to keep you away from the children, the court will not order it. Just because the children's mother asked to keep you away from the kids does not mean it will have to be that way. You are right, though. Do not rock the boat before the custody evaluation.... Read More

In order to establish your right to have visitation or time sharing with your child, you need to file a legal action to fully establish your legal rights as the biological father. The child support action only established that you were the father and your financial obligation. You should consult with an attorney to assist you in fully protecting and establishing your legal rights as the father. In Florida, fathers are frequently being awarded equal time sharing with their children, unless there is good cause not to.... Read More

It depends. Is there any reason that the judge would find him unfit? Is he good at taking care of her? A 3 month old needs to see both parents more than once per week, for early bonding to take place. They also need a lot of attention, and they are a lot of work at that age. Is he really up to the challenge, or is he just trying to cut down his child support obligation? The school system is not an issue now, of course. Are you breast feeding? Are you working? Do you have day care? These are all factors that the court considers. Usually, the court will send the two of you to mediation to work out a plan in the best interest of your child. And make a recommendation if you cannot come to an agreement.... Read More

First, you may want to file a motion to require the custodial parent to leave the children in-state. Of course, there is supervised visitation for a reason and if the judge thinks the non-custodial parent cannot be trusted, the court may allow the custodial parent to leave. In that case, cell phone and skype contact can be used.... Read More