QUESTION
Is there any advice you can give me on getting custody of him?
Asked on Aug 28th, 2013 on Child Custody - Utah
More details to this question:
I am seeking physical custody of my son. He was living with me for 3 years before I had gotten married. Three days after I was married, I was served with papers seeking to lessen the time I am with him and also for child support. Now that he has been with his mother on a constant basis, he has been subjected to negative thoughts about my wife and I. His physical safety has been put into jeopardy by letting him ride ATV's with her boyfriend who teaches him to do "burnouts" and "doughnuts". After doing some research, the law states that anyone under the age of 10 should not be permitted to operate these vehicles due to not having the mental capability to comprehend what it takes to manuever an ATV. He spends a majority of his time under the supervision of others (boyfriend, brother, grandmother) when he can spend his time with me. I work overnights so I am able to literally spend all day with my son but rather than let him spend time with me she would rather let others have him. I have worked hard to provide my son with adequate living space on long island, his own bedroom, backyard, great schools and an overall stable living environment for a child his age. He shares a bedroom with his mother and her boyfriend in a small two-bedroom apartment with her two brothers as well making it a total of 5 people who reside there. The neighborhood is riddled with crime and gangs. I need to know what I can do to help not only myself but my son in this situation. He has expressed the desire to live with me on several occasions.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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What you can do is get an attorney and file for a change in custody based on the living conditions. You can mention the other things, but there is no way he should be in the same bedroom with his mother and her boyfriend. You can try and do it yourself, but the attorney will know the right things to say and do.
Answered on Sep 06th, 2013 at 4:44 AM
You can certainly argue for custody or for increased parent time with your son in the matter that is pending, or by filing a petition to modify the order that is currently in force. The facts you list, especially having physical custody for three years, would support your request for physical custody. The court will make a decision based on the best interests of the child and by viewing the recent, and not so recent actions of you and your former wife as they relate to caring for you son.
Answered on Sep 05th, 2013 at 1:27 PM
Has custody ever been established? If not, or if it has been more than 2 years ago, you need to file a petition for custody. During the custody process, more than likely a GAL (guardian ad litem) will be appointed and he/she will visit both homes and give a report of the living conditions as well as conversations/observations she observed. Good luck.
Answered on Sep 05th, 2013 at 10:25 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Get a lawyer, a very good lawyer, and hunker down for a long and likely expensive court battle. Be willing to play the long game, be patient, realize that this kind of undertaking takes a lot of attorney time and effort and thus a lot of money from you. If you determine that it is not worth the expense, there really isn't much more you can do to get relief if the mother of your child is bent on being petty and vindictive.
Answered on Sep 05th, 2013 at 10:11 AM