Legal Question in Family Law in Utah

Restraining order and custody

Ok My problem is complex in detail, so I will try to give just the important parts. My ex wife just married someone that has a really bad past and present.They are not really married because his divorce wasn't finalized until 6 day's after they got married. We are worried for the well being of my 3 children, and are looking into getting a restraining order against him (for the kids). If we get a restraining order against the new guy, and she then decides to go back and marry him for reals can we get custody? She is knowingly putting the kids in this situation, and we have tryed to talk with her about our concerns but she doesn't care. We have asked for custody, but she will not budge. If we are granted the order, and she thinks that marring him will cancel out the restraning order, will that help us get the kids. We want them out of that enviroment, they deserve better. We are working on getting the money together for a custody battle, but I really don't want it to go that far.


Asked on 8/29/05, 12:49 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Restraining order and custody

You have two choices. One wait for your ex to agree with you. Or, two: fight for your children in court. The judge will make a decision based on what is in the best interests of the children. If your ex is with a person who presents a risk to the safety and health of your children, you should have a good case. As the father you have a moral and legal duty to protect your children. Do what is best for them, even if it is inconvenient and a hardship for you. There is no one else who can protect them.

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Answered on 8/29/05, 12:55 pm


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