Legal Question in Family Law in Utah
What can be done to get full custody of a child?
My daughter 23 yrs old is the single mother of a 2yr old girl.She was never married to the father (43 yrs old) of the child. He left state and her when she was pregnant. During the pregnancy he was accused and jailed for child molestation of a 12 yr old girl which he plead no contest. Feeling like he had the right to know his child she tried to work things out with him, and went to California where he is living now. She came back to Utah, when she realized he was not interested in being a father and or being with her. She is afraid he will try to take the child, and wants to get full custody of her. He pays child support, but has not tried to contact her or the child in any way such as cards, or letters in 16 months. What can my daughter do to get full custody of her daughter so he cannot hurt the child? Thank you for your help in this matter.
1 Answer from Attorneys
What can be done to get full custody of a child?
The law varies from state to state, but as a general rule the father has no rights unless there is a court order that he is the father.
Courts also generally favor the parent that has provided the majority of the care for the child, generally the mother. Your daughter should get a certified copy of the court document that states that the father was convicted, a plea of not contest is the equivalent to a quitly plea, and is a conviction.
She should not hide from the father. If he attempts to contact your daughter she should be prepared to get a restraining order to stop him from coming around her or the child.
Contact a Utah lawyer to find out what can be done to protect her and the child. If money is problem, contact a law school to learn if it has a law clinic. If you do not live near a law school then check with the local bar association or county welfare office.
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