Legal Question in Family Law in Utah

My Husband gave our son to his mother with a family care plan at the request of the division of family and children. This was against my wishes and since then she filed a request of guardianship until her son and I are divorced. He left the state where we were married as did I and that state can no longer file our divorce. I have lived here in Nebraska for about a year now and can file the divorce here, but I must first have custody. I tried to reason with my mother in law and informed her that this is the only way for her son and myself to be divorced. She does not want to give my son to either her son or myself because she doesn't want her daughters or my son hurt by the pending arrangements.

I am at a loss here I have to hire two attorneys now. One to fight this woman and one to file my divorce.

I need to know how on earth she was able to file for guardianship when everything I have read online about family care plans says she had no rights to do so. Also I need to know how to combat her in a peaceable manner. She resides in Utah and says I have made no efforts to care for my son, yet every time I offer to send money or clothes I am told my son has everything he needs. I have also been told that if I try and go see my son she will have me arrested. Also this woman refuses most times to answer my phone calls and absolutely refuses to send me pictures or let me talk to my son.


Asked on 9/08/09, 1:11 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

You will need to file a petition for custody, or at least for temporary orders in the court which is handling the divorce. You must not delay. You may call for a free consultation.

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Answered on 9/14/09, 5:50 pm


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