QUESTION

How can I as the paternal grandmother in AZ get temporary guardianship of my 1 week old granddaughter taken into custody in UT?

Asked on Sep 30th, 2017 on Child Custody - Utah
More details to this question:
The parents were not together, the mother tested positive for drugs, but the father, my son, whom lives in NV was there for birth, and now dcfs took the child away saying it was a flight risk for the father to take the baby back to his home in NV. The mother lived with her parents in UT. The mother had already offered treatment, to be tested, and wait until cleared to then move to NV with the father and child. The caseworker flat out lied to them, got a court order hours later today, Sat. and literally took the baby from my son's arms, claiming extreme risk and danger. My son had not been named in the case prior and had nothing to do with the mother before birth. Can I get custody until they can get this case dropped. They wanted to drug test the father, but he declined as he told the case worker days earlier that he lives in NV which is a legal marijuana state and they were not investigating him.
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1 ANSWER

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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A lot depends on whether your son has filed any sort of paternity, has he file an acknowledgement of paternity? You might be able to petition for custody, but it would be difficult. You would need to start by getting certified as a potential foster parent.   You are in a mess, and you need an attorney. 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 off 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, or email, my office; as you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com
Answered on Oct 01st, 2017 at 9:24 AM

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