QUESTION
What can my daughter do to keep her husband from taking their child? Can she appoint me as guardian?
Asked on Jul 16th, 2013 on Family Law - Utah
More details to this question:
My daughter is in a severely abusive relationship with her husband. He has come after her with scissors, held a gun to her head, etc. They have a daughter together who is almost 18 months. He is also a minor; 17 years old. His mother signed paperwork for him to marry. Due to all of the abuse, my daughter has had a meltdown and has checked herself into a hospital.
6 ANSWERS
Family Law Attorney serving Las Vegas, NV
at
Law Offices of Webster & Associates
Update Your Profile
Talk to an attorney but the guardianship route sounds like a good idea pending her release from the hospital. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the reader
Answered on Jul 18th, 2013 at 7:03 AM
She should have gotten an order of protection against him and added the child to the order of protection. Where is the child now? How long will your daughter be hospitalized?
Answered on Jul 17th, 2013 at 11:34 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
What she can do is file a police report against the husband for domestic violence. Then she can file for divorce and get a custody order restricting husband's rights to visitation.
Answered on Jul 17th, 2013 at 11:24 AM
4 Awards
Your daughter may not be competent to appoint you to anything. You should petition the court to be appointed as Guardian of the minor child and indicate why. Since you are seeking to over-ride the father's parental rights, you should probably hire counsel to assist you.
Answered on Jul 17th, 2013 at 11:05 AM
Dennis P. Mikko
Parents are first in line to take care of their child. If mom is not able to take care of the child, dad would be next in line. To appoint you as guardian, dad would have to consent or there would have to be a court hearing. If dad is not capable of properly caring for the child and there is abuse, you could report the matter to Child Protective Services. As a family member, you would have some priority as to placement if the child was removed from dad's care. Another option is for your daughter to file for divorce and seek a custody order from the Court. You and your daughter should consult with a local attorney to discuss the situation and your options.
Answered on Jul 17th, 2013 at 10:55 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
at
Utah Family Law LC
Update Your Profile
In Utah, you can try to get guardianship of the child by filing an application for guardianship with the probate court, or you could petition to terminate the father parental rights and seek to adopt the child, if your daughter is willing to give the child up for adoption herself.
Answered on Jul 17th, 2013 at 10:49 AM