Legal Question in Family Law in Utah

Re: Gaining legal custody of grandchild

Since I do not practice in your state and do not know its laws regarding this issue, take this with a grain of salt.

I agree with Mr. Pola that you should find an attorney for this complex matter.

Your notarized statement will probably not stand up in court if either parent demands that you return the child. However, you can seek custody or guardianship of the child based on father's abandonment and mother's apparent inability to parent the child. If you have legal custody, you might also receive child support from the parents. You might be successful with a petition asking the court to terminate both parents' parental rights and to adopt the child. You would not be entitled to child support in that case but you would be the child's legal parents. This can be a difficult case to present, given that you would be asking the court to terminate what we consider a fundamental right (the parents' right to custody of their child), and that a very young child's best interest is at stake.

Consider asking the court to appoint a guardian ad litem to advocate for the child's best interest. A GAL either well versed in child developmental psychology or one who is a psychologist will be very helpful.

Re: Gaining legal custody of grandchild

You need to have the legal authority to provide

treatment for said child. You should contact your attorney

or the pro bono division of your local bar association, or

other legal resources to get legal representation

for the specific procedure requiered in your place of residence

to request one of various things; joint custody, sole custody

or other arrangements recognized in your local area.

Good luck!