QUESTION

I have been in jail for 2 months and now my husband wants a divorce should i take my child and leave state, or file for divorce then leave that same d

Asked on Jun 18th, 2016 on Child Custody - Utah
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I have no family or any place to go in Utah where I am married, my husband wants a divorce and I need to go to California immediately because I have no where else and I am going to be probating there. Is it best to file for custody of our child then take the child and leave that same day, or take the child and wait the 6 months hoping he wont file and then file in California where I am moving. basically will I be screwing myself to file first or not? I have read with out filing we both have custody but once I file I could be made to not leave the state?
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Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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What steps, if any, have you taken? Do you still need help on this issue?
Answered on Jul 01st, 2016 at 9:24 AM

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Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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I am sorry to hear about your problems, and your current situation. You are facing a jurisdicational dilemma. You really should not take the child, without permission from your husband. To do so could leave you looking very badly before the court. From what you say, you can file in Utah. There is no way anyone can make you stay in Utah; but, the court may require that the child stay here. Overall, it really makes no difference who files first. There no longer is the "race to the courthouse". What you really need to do is find an attorney you can work with. An experienced attorney who can answer your questions, and fully represent you and your fears and concerns. I know, in my practice, that I can, and do, work with clients outside of Utah using email and the telehpone. So, if you move to California, I am in a position to assist you via electronic communication. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial 1/2 hour consultation.Should you desire to have a consultation, please telephone my assistant, Paula, between the hours of 9:00 AM to 1:00 PM, on Monday, to set an appointment.David R. Hartwig801-486-1715  
Answered on Jun 19th, 2016 at 12:57 PM

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