QUESTION
How difficult is it for a father to get custody of a child in Utah?
Asked on Nov 08th, 2016 on Child Custody - Utah
More details to this question:
We are looking at fighting for custody of my step-son. We have evidence that he has missed many days of school (more than the allotted amount) His biological mom was given a ticket for not having him in a seat belt. His biological mom's boyfriend (they have been together for 7 years, and live together) was in an automobile accident about 2 years ago and arrested for drug paraphernalia. He is eight years old and is left home to babysit a one year old and a four year old. Both of them are currently out of a job. We know that it is difficult for the father to get full custody, but we feel that he is being neglected and not properly taken care of.
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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Thank you for your question, and I am sorry that you and your spouse are having to experience these problems with your step-son.
Your question needs to be changed a bit, for you are not fighting to gain custody, but to change custody. That fact makes things potentially more difficult, as custody has already been ordered.
But, the fight is not impossible. I have handle quite a number of these types of cases and the chances of success depend on the facts. From your facts, the outcome looks more favorable, assuming that those are all relatively new facts and that you move quickly on them. If you wait, then you are implicitly condoning the bad behavior. To protect the child, you need move quickly when the events occur, the so-call strike while the iron is hot idea.
I can assist you in this, and offer a free initial 1/2 hour consultation should you and your spouse want. That will give us a chance to meet, discuss the situation, and see if we feel comfortable working together.
David R. Hartwig
801-486-1715
Answered on Nov 09th, 2016 at 7:54 AM