Legal Question in Family Law in Utah
custody dispute
I have had sole custody of my daughter her whole life. My lawyer did not put into trial key peices of eveidence that would of helped prove the molestation she suffered from her step brother and now they want to send her back to AZ to live with her dad who doesnt pay child support and that boy who the court acknoledges molested my child but they dont think he is a threat anymore. I have been in Utah for 7 months. Can I file an emergency change in custody up here. I filed an apeal in AZ. Or do I have grounds to file a mistrial in AZ. My attorney didnt notify me when there was a rulling on my case so I wasnt able to file half the motions that were available to me. Help please.
1 Answer from Attorneys
Re: custody dispute
In Az you should still be able to file something based on your attorney;s malpractice - talk to another Az atty. It is not likely that you can change jurisdiction, although there is a remote possibility under the Uniform Child Custody Jurisdiction Act, which places jurisdiction where the child has been living for the past 6 months.