QUESTION

How am I able to get full custody of my child

Asked on Jun 23rd, 2016 on Child Custody - Utah
More details to this question:
I charged my husband with domestic violence he hit me front of my daughter the case is still going on I don't know exactly what's going on all I know is that the lawyer made offer to my husband but I don't know what kinds offer he made. My question is that there's anything thing I can do to get full custody of my child from this case? Do I need to get a lawyer ?
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2 ANSWERS

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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First and formost, you should get an expericned attorney to assist you. You describe domestic violence, and the same in front of your child, which is child abuse. You state that your lawyer made some offer, but you do not know what it was. You have the right to know, and if your lawyer is not helping you, or explaining things to you,  you should move. on. There are many things you may be able to do to obtain full custody. But you need to act quickly and assert your rights. I offer a free 1/2 hour consultation, should you want. No matter what you do, you need to get an experienced family law lawyer to protect your daughter's, and your, rights. David R. Hartwig 801-486-1715
Answered on Jul 01st, 2016 at 9:20 AM

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Family Law Attorney serving Murray, UT
Partner at Robin Kirkham Law
It's difficult to answer this question without more information. For example, the court would want to know whether the hitting incident was a one-time matter or whether it happened a lot. Was the child ever hurt? Is your husband in counseling?  Courts assume going in that children are best served by having a healthy relationship with both parents, so long as they are safe. Parents don't have to be perfect to have this assumption apply to them - just basically competent. If your daughter is likely to suffer abuse in his care, you'll have a stronger case to keep her away from him. If he only strikes out under certain controllable circumstances, then the court can limit his exposure to those safe circumstances. The court is unlikely to cut off all contact unless he cannot possibly be controlled at all, and/or if any exposure to her father is likely to harm your daughter. You have the right to argue all this to the court yourself, but given the complex nature of this sort of case, you may wish to seek legal counsel from an experienced Family Law attorney.
Answered on Jun 27th, 2016 at 10:27 AM

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