Legal Question in Family Law in Utah

What are the chances of custody?

My husbands ex wife just remarried a man that has been in and out of jail for the past several years. His offenses range from public intox, DUI, Drug possesion, and many more. She is addicted to pain pills and we have a letter from a doctor that confronted her about it. She is Bipolar and doesn't take her meds, she has gone so far as to tell her friend that she would kill myself, my husband, and all of the kids. They got married on July 22,05, but the new hubbies divorce wasn't finalized with the courts until July 27,05. We pay child support every month and neither one of them have a job, and they live with her parents. There are a total of 4 adults, and 5 kids living under one roof.The kids are not going to school all the time, the oldest went a total of 6 days in Sept of last year.The rest of the months aren't much better. Do we have any chance of getting the kids in the state we live? We were told that it would be very hard because this state favors the mother. We have tryed to talk to her but, she wants us to keep paying child support if she gives us the kids. Thats the only way she will let us have them.

Thanks for your time


Asked on 8/09/05, 10:04 pm

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

Re: What are the chances of custody?

Under the facts you have related, assuming you and your husband do not have a negative history, you should not have any problem getting custody. Indeed your husband has a legal and moral duty to protect his children and should take immediate action to change custody. Note he will be getting child support from his ex. Furthermore, if the children are in present danger, a report should be filed with the Dept of Child and Family Services seeking their intervention to protect the children.

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Answered on 8/10/05, 10:37 am


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