Legal Question in Family Law in Utah

what do you do?

my brother in law had full custody of his daughter and joint custody of his son, ex had physical. 2 years ago he thought he was going to Iraq and signed in front of a notary a relinquestment of parental rights and consent to adoption to his ex wife and her new husband. Both in the past two years have been in and out of jail and both children have been residing with father and their grandmother who has always been the caregiver. How do we find out if the document was ever filed in court? We don't think she ever filed it because she didn't have the money being a meth addict so if he wanted to rescind his decision and fight for custody of his daughter, would he be able too? Or does he already still have custody? Children in the past two years were supposed to be with mother, she is negligent, a jail bird and a needle shooting meth addict. Her new hubby is too. We live in Maui, (aunt and Uncle) and they all live in Utah. We want to go to court to secure the children with brothers support. He is tired of fighting and wants us to have power of attorney over him and he is 27. Can we fight for custody and child support correction if we get POA of him? this is an emergency, anything you can do I would appreciate. Aloha & Peace


Asked on 8/19/07, 11:47 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: what do you do?

If he wants custody he should file for it ASAP. The process is not cheap, but hopefully he thinks the children are worth the effort. If he does not want to seek custody, you, or any other person can apply for temporary custody based on the parents' disability. You or your brother in law may call for a free consultation.

Read more
Answered on 8/20/07, 12:46 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Utah