Legal Question in Family Law in Utah
How to get Full Custody of a child
Hi my name is HOlly, I am 4 months pregenant and I am planning on moving to Utah before my child is born. The guy who got me pregnant wanted me to have an abortion but I don't believe in that so he beat me up. He and his family have made many threats to hurting me and he has also told me if I decide to keep the baby he eill get custody and take it out of the country and I will never see the baby again. How can I prevent this from happening. My family lives in UTah and I was told there was a law that If I leagally notify him that the baby has been born and he doesn't respong in72 hours then he will loose all rights. I don't care if I get chold support from him I really don't want anything to do with him. I have also recently found out that he is married for money to get someone there citizenship. Would this be a factor. Also he is in the army, perhaps I should report this to them. Please advise. Also would this be concidered kidnapping if I leave the state before the child is born. Thank you
3 Answers from Attorneys
Re: How to get Full Custody of a child
If you're planning to move to Utah anyway, I would advise certainly moving there before the baby is born. That way, if there is any litigation involving custody will be in the local court in Utah where you have your parents there for support.
Re: How to get Full Custody of a child
You may move to Utah without fear of any charges. You may also give birth without naming the father - list father "unknown." You may want to place the child up for adoption. There are two kinds of adoption, (1) closed and (2) open. Closed is an adoption where the birth parent(s) never meet or know the names of the adoptive parents. You will get a bio, but no identifying information. An intermediary party will be responsible to assure that the adoption is in the best interests of the child. The 2nd is Open Adoption, where you have contact with the adoptive parents. I recommend a closed adoption in your circumstance.
I am not aware of any 72 hour law. Generally a court is required to determine if a parent has abandoned the child. Here where his family is pushing for the baby, your best interests and the best interests of the baby are not to be around someone who "beats up" pregnant mothers. If need be, get a restraining order. Your first priority should be to make sure that the baby is placed into a safe environment. If you keep the baby, and if he wants to be involved in the baby's life, there is little you can do to prevent that. You may also risk lawsuits over custody.
Adopting out the baby will place the baby with a competent, loving two parent home where the chance of the baby's getting injured is very low, and the chance for him/her to have a great future are very high.
Call me if you like for a free consultation.
Re: How to get Full Custody of a child
You will be able to leave the State without that being considered kidnapping before the child is born. After the child is born, you may still leave the State if there is not any court order forbidding you to do so (like a custody, visitation order, restraining orders regarding removal of the minor). You may proceed to file a paternity action against him in the other State for seeking custody and visitation if you choose so. There seem to be many other more questions that I much rather answer in person. Please call me for an initial free consultation at 310-839-7700
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