Legal Question in Family Law in Utah

My daughter, never married the father of her 8 mth old, born in Az. She wants to sseparate and move to Utah to be with family. He has threatened to take the baby, as he has a job and she does not. Can he do that?


Asked on 8/04/10, 7:53 pm

1 Answer from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

Their employment status has nothing at all to do with who gets custody. The fact that the child is only 8 months old and your daughter is not employed, but instead stays at home to care for the child would actually weigh in her favor. If your daughter returns to Utah, the father may very well file a paternity action in Arizona seeking orders regarding custody, visitation, and child support. If he does, then your daughter would be put into the position of litigating that action long distance. Until the child has resided in Utah for 6 months, the Utah courts would not have jurisdiction to determine custody. Overall, my recommendation would be for your daughter to return to Utah as soon as possible and put the burden on the father to take whatever legal action he thinks he can. She should make the move without announcing it to the father as he may try to get a restraining order prohibiting her from moving. If she can make the move without the father knowing, it will be much more difficult for him to get any such restraining order.

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Answered on 8/09/10, 8:35 pm


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