Legal Question in Family Law in Utah

child visitations for father with no legal papers

My daughters father is coming to Michigan to get her for a month. He is taking her to Utah. I need to find out what would happen if he did not bring her back. There is no child custody papers, we never filed any he let me take her and didn't fight it.


Asked on 5/29/01, 2:39 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: child visitations for father with no legal papers

You are taking a big risk without having custody papers. You should have him sign notarized documents prepared by an attorney granting you formal custody. If he keeps the daughter here you may have a nasty and expensive fight on your hands to get her back. Your other choice is to let him stay in a local motel and visit her during the days, bringing her home at night. Unless she has had an ongoing relationship with her father, it may be very traumatic on her to leave you and go with a relative stranger.

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Answered on 6/29/01, 9:50 am

Re: child visitations for father with no legal papers

To Whom It May Concern:

This is in response to your email of May 29, 2001, which this office received on June 28, 2001.

Since there are no child custody orders, the father and the mother have equal rights to the child. If the father does not return the child then you would have to file a motion to return the child. However, I would first establish custody and visitation before the father takes the child to Utah.

Please contact my office if you wish to discuss this matter further.

Sincerely,

Nichols & Eberth, P.C.

By: Robert J. Stelmock

(313) 561-5700

[email protected]

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Answered on 7/26/01, 9:41 am


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