Legal Question in Family Law in Utah
My husband was recently jailed for enticing a minor in the state of Utah. I'm in the process of filing for divorce, but I haven't yet. We have a 2 yr. old son. Can I move home to Michigan and take my son with me. Would that be considered custodial interference or is it completely legal?
1 Answer from Attorneys
It's legal, but I would advise you to file in Utah. In order for a state to have jurisdiction over a minor child to enter a custody order, that state must be the child's "home state" as defined by the applicable statute. To be the child's home state, it must be where the child has resided for the last 6 months prior to the filing of the action. If you move to Michigan, you will have to wait for 6 months before the courts of that state can have jurisdiction. I would advise that you file the divorce action in Utah, which has jurisdiction, and then make your move to Michigan. If there are any court proceedings here, you would need to come back to be involved in them. Otherwise, if you have Utah counsel, much of what can be done can be done by him or her.