Legal Question in Family Law in Utah

Re: child custody

I am an attorney who works primarily in Cochise County in Southern Arizona. I do not practice in Utah, which is where I assume the child is located. Quick answer, the father having a felony conviction or being on probation would not prevent you from getting custody of your child. That assumes the conviction did not involve harming your child. Are you listed on the birth certificate as the father, if not you would want to take steps to establish paternity. You would want to seek paternity as soon as possible. If the child was born in Arizona, the �Hospital Paternity Program� where you can administratively establish paternity, is offered through DES. The acknowledgement form does require the notarized signatures of both the mother and the father. I assume Utah has a similar administrative process, if the child was born there. If the mother won�t cooperate, you will have to go to court�which court depends on where the child was born and where the child is now.

A child cannot be adopted without the consent of both parents, that�s why it is important for the father�s name to be established with the birth state�s registry. An adoption could be handled privately between the parties, but it would still have to go through the courts. In Cochise County, the County Attorney�s Office, also provides assistance with voluntary adoptions. I am not sure if such free services are available in Utah. If you receive notice of such an adoption, you should answer in writing to the court immediately. You may have an opportunity to meet with or find out more about the potential adoptive parents, which would give you a better idea about the best interests of the child�who can raise the child? In the mean time, you should immediately put your desire for custody of the child IN WRITING to the mother, which will put her on notice of your choices. Talk with your probation officer, your family, and anyone else that can assist you in preparing your life and your home for the child. You may what to consult with an attorney in person, who can review all the facts with you. GOOD LUCK,