QUESTION
Do I even have a chance of changing my custody?
Asked on Jan 28th, 2020 on Child Custody - Utah
More details to this question:
Have had joint legal of both children, and primary physical over 1 of the 2 children. Xspouse has final descision making for one child, me over the other. Dcfs was involved 2014 to 2016 due to one of the childrens arm being broken by my x spouse, and while they were involved coparenting seemed acheivable. Since then father has grown continually disagreeable, and seems to want to disagree just to disagree, he claims any custody changes while involved with dcfs dont apply because "family court has more authority than juvenile court". For holidays, our custody just states time spent with both parents, and since 2014, 6 hours to the off parent was acceptable until holidays landed on my weeks this year. I'd like full legal custody and primary physical for both children, parent time the same, with holiday times lined out. Because he seems more interested in his own best interests than the childrens.
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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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
Answered on Jan 29th, 2020 at 7:47 AM