QUESTION
How can I get a divorce and full custody of my kids?
Asked on Aug 30th, 2013 on Child Custody - Utah
More details to this question:
I'm a single mother of 4. My husband and I have been separated for over 10 years. I've drawn up papers 3 times and he will not sign. I can't afford to pay for one on my own. Although he has a child support order I very seldom receive any if at all. For the past 9 years I've maintained regular communication/kids visitation with his mom because he was never really interested. That I don't want to change. But I do want a divorce finally and I want to make sure that when they're with their grandmother & dad decides to come around "which is fine with me" I won't have to worry about them being returned safely and on time. There have been a few times to where he would volunteer to meet up with me to return the kids but instead would take them somewhere else saying they won't be returned and I won't see them ever again. It was carried out for over 4 hours at a time & I'm tired of it all. The phone calls with disrespectful messages, taking my kids through all the drama & I can't do it on my own with a fixed income. I need your help.
5 ANSWERS
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You do not need your husband's cooperation to divorce. File a Summons and Petition to get it started. If he does not respond, take a default. Go to the Family Law Facilitator at your local courthouse for assistance.
Answered on Sep 09th, 2013 at 3:54 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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What you want will require a sacrifice of some kind on your part. If you think you cannot afford a lawyer, then either find a free (but competent) lawyer or finish your divorce yourself. If you think you are not capable of doing it yourself and doing it correctly, then you either dig down deep and find a way to pay for a lawyer (even a creative way, such as paying in trade, etc.) or you don't get divorced. Something's got to give if you're going to get divorced, or you just don't get divorced. It's that simple.
Answered on Sep 09th, 2013 at 3:54 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If there is a child support order there must be something in the court system. You just need to follow through with that court proceeding.
Answered on Sep 09th, 2013 at 3:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Call the Idaho Volunteer Lawyers Program and see if you qualify for pro bono legal services. You may not may not get full custody of the children. It depends on whether he fights your request and how the judge perceives him as a father. The judges in Idaho are required to maintain the parental relationship with both parents.
Answered on Sep 09th, 2013 at 3:53 PM
Whether or not you obtain a divorce from your husband and obtain full custody of your children, you will need to deal with your husband on issues of parent time. He will have the right to see them, unless the court finds that he has no rights to visit. Your husband does not need to sign anything for you to obtain a divorce. In Utah you can prepare a divorce filing online. You can obtain a waiver of the filing fees if your income is below a certain level. You would need to have your husband served with the summons and complaint. Then he would need to file an answer with the court. If he fails to do so, you can obtain a decree of divorce without further interaction with your husband. The problems you have had over the last years with your husband and parent time will not magically disappear if a decree of divorce is entered. If your husband gives you problems when he sees the children, you may decide to be less accommodating with him. You may certainly stop contacting him and offering him time with the children.
Answered on Sep 09th, 2013 at 3:53 PM