Utah Child Custody Legal Questions

You need an attorney to help you through this. And the point of he hearsay rule is to only allow to have the person who knows testify; in this case your ex's father would have to testify as to the relationship with you. In Idaho, the grandmother would not normally have a right to visitation, so to reiterate, you need an attorney to help you with this.... Read More

Dear Relocator,   I recommend that you carefully review Utah Code Section 30-3-37.  It can be viewed online at: http://le.utah.gov/code/TITLE30/htm/30_03_003700.htm  After you have carefully read that entire law, and understand it, you can send her a written proposal, telling her how you propose your parenting relationship will change, given the relocation.  She can then counter your proposal.  If the two of you cannot resolve it yourselves, I suggest that you go to mediation, to resolve the matter.  Then, if you two just cannot agree, one of you will have to file documents with the court, seeking to change the current parent time and/or custody order.  If you have more questions about this, I ask that you consult with a qualified family law attorney, to get more specific advice.  Good luck!... Read More

In Wisconsin we have some special terminology. 'Custody' means the authority to make important decisions for the child. 'Placement' refers to the time the child spends with either parent. I think you are considering sole or primary physical placement. If more than two years have passed since the last final court order, you can move for a change by showing a change in circumstances and that the change is in the best interests of the child. I doubt that the mere fact that you are now an at-home mom and the child's father works is enough by itself to justify a substantial change in placement, especially when it is now about equal between the two parents. It would help if you could show some identifiable harm, or markedly better home conditions, to help make your case.... Read More

Adopt a parenting plan which is signed by the court in your dissolution, paternity or some matter where your child is at issue. You do not get visitation that is enforceable without a parenting order being entered with the court. But the court does not have to be a place of tension or disagreement. Many people enter agreed orders all the time.... Read More

Both parents being willing to terminate their parental rights to the child and to sign the necessary paperwork, filing for the adoption, having an amicus attorney appointed to represent the child, getting a social study done, getting a criminal background check with DPS and then having the judge approve the adoption and find that it is in the best interest of the child.... Read More

The answer is no, they have not rights your child. But they could report you to child protective services that you are an unfit mother and the father is also unfit in some way. They know your history, and maybe there is something that will make CPS look into your situation. Babies have been taken by CPS from the birth hospitals on just such reports. Then your child is in dependency and you have to prove the reports are wrong or get help (services) so you can be the parent the state DSHS thinks you should be. In dependency extended family or former custodial parents can offer to take the child for care while you are in this proving stage. If you fail, then they can seek to adopt the child when your rights as parents are terminated. I would recommend if you can move to where these people do not know where you live, preferably another county. Look carefully at your situation, is there anything you need to do to change what you have done in the past (drug use, bad acts like prostitution or stupid childish stuff) and make sure none of that is happening now and will never happen again. Choose medical professionals who are not judgmental. Do Not tell you whole history to the new ones. Learn from the mistakes of others, ask around.... Read More