Legal Question in Family Law in Utah
full custody
how do i get full custody of my two children? the father has no involvement but his mother does can this effect my chances? she is aggresively implying that she will have full control even though he refuses to be involved.
2 Answers from Attorneys
Re: full custody
I guess I would need to know some additional information such as, were you married to their father? Is there a divorce or paternity decree? If you have no court order regarding custody, you would have to file the appropriate legal action; whether a divorce, if you're married to the father, or a paternity case if you are not married to him. In any event, you will want to file something to establish the formal custody and visitation rights of the parties. The grandmother does not have the right to dictate when she will see your children. However, under Utah law, she may file a petition with the court to establish grandparent visitation rights. Keep in mind that such rights of visitation are nowhere near as extensive as the visitation rights of a parent. She may be able to obtain an order allowing her a visit of, perhaps, once per month.
Re: full custody
Custody cases are decided on about ten difference factors. The grandmother's involvement may be a factor, but you have a significant edge as the mother. These cases are very fact specific, so general answers do not help a lot. Please call for a free consultation.