The first thing you need to do is file for divorce. Fleeing the state now with your son will only complicate matters for you and cause you problems. Utah has the power to determine custody, not whatever state you may move to.
You are in a real mess. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. You need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number. You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your children, and your rights with those children? You should be able to get in with attorneys today, I know that I have some openings. So, check around. If you are interested in pursuing the matter further, I offer 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 my office.
Don't wait any longer, give a call and let's getting working to protect your child.
David R. Hartwig
801-486-1715
Answered on Nov 13th, 2019 at 7:25 AM