Legal Question in Family Law in Utah

My husband and I live in UT. We are from FL. His ex just moved from FL to TN two months ago while we have my step-daughter for the summer. The child is four months shy of being 13 years old, she does not want to return to her mother. How do we go about getting custody? My husband and his ex have never been married and my husband has never been served a custody order on his daughter. My step-daughter as well as my husband and I feel it would be in her best interest to be with us and her brother. How do we go about getting this started?


Asked on 7/05/17, 4:06 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

The short answer to your question is to contact an attorney in Florida since it's very probable that state is the state that has jurisdiction in this matter. Under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) the state where the child has lived for the last 6 months is the state that has jurisdiction to make a determination of custody of your step-daughter. However, since neither of the parents reside in Florida any longer, my bet would be that Tennessee would have jurisdiction since that's where mom lives and the parents were never married and there are apparently no other orders regarding paternity or custody. I don't think Utah would have jurisdiction to hear the matter under the circumstances you explained.

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Answered on 7/05/17, 4:13 pm


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