Legal Question in Family Law in Utah

My 19 yr old sister recently moved to virginia from UT she has a almost two year old daughter, recently she lost her job, and place to live, she contacted me and told me that she was having trouble taking care of her daughter, basically she had a new boyfriend and was more interested in partying than raising her daughter she had been bouncing from house to house every night for a place to stay dragging her daughter along with her, i suggested that she bring her daughter to me in UT until she could find a new job and a place to live, i bought her a plane ticket after she had threatened to "cut" herself if i was unable to come get her daughter before her birthday, she flew from VA to Las vegas NV on the 20th of dec arrived at 6:45 pm i met her at the gate with one bag that contained everything she had for her daughter, her flight to return did not depart until 11:45 am, i tried to convince her to stay until the morning so we could get some kind of legal paper signed so i might have temporary guardianship for her daughter she refused. She told her daughter goodbye and informed me that our mother would be coming to get Madison her daughter from me within the next couple of months and she left to go and wait to board her plane, now my dilemma her daughters father was incarcerated when she moved to virginia for multiple reasons drugs, violence, theft underage drinking ect. he has recently been released on probation, my sister informed me today that he would be coming to pick up their daughter tomorrow for an overnight visit, she then informed me that i was not to supply him with any clothing, or diapers for my niece, my concern is that as recently as 4 hours ago he was bragging on facebook about smoking weed and partying t up with his buddies cause he was getting his daughter tomorrow. I am scared for the safety of this young child, and that he will not return her as planned due to the fact that he has also posted on his facebook account that he is planning on moving to colorado, how can i get an emergency custody or temporary guardianship order so that i can hopefully protect her from him and hopefully keep him from disappearing with her . PLease help i am distraught.

Asked on 12/22/11, 5:42 pm

4 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

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You can apply for a protective order for the child at your nearest district court (St. George). If the judge grants it you will get temporary custody.

If the father does not have any court ordered visitation rights, you can deny him visitation. I am assuming that he and your sister were never married. Unless he has filed to determine paternity, he has no rights in the child.

Answered on 12/22/11, 7:21 pm

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Cory Wall Cory R. Wall, Attorney at Law, P.C.

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You need to go to the nearest court and file a juvenile protective order. Also, you should file a petition for guardianship. You definitely need an attorney and should contact one ASAP.

Answered on 12/22/11, 8:49 pm

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