Legal Question in Family Law in Utah
separated,2kids,no legal orders till mon.
my 2 kids and i moved across town, after i called the cops w/no results, on domestic dispute. i have to work saturday and sunday, if i leave my kids w/babysitter can their father take them before i get off work. the county offices are closed till monday. i am conserned he might try to take them and keep them from me
2 Answers from Attorneys
Re: separated,2kids,no legal orders till mon.
If there was an incident of domestic abuse or violence, you should seek a protective order which would give you immediate emergency custody of the children. Absent a court order, provided you are married to the father of the children, he has as much right to have the children as you do and, yes, he could come and get them. If there's no basis for a protective order, I would recommend you file a divorce petition so you can file a request for temporary custody.
Re: separated,2kids,no legal orders till mon.
Until you get an order the husband has rights to the children. Go to the closest district court and get a protective order, which can happen almost immediately.