Legal Question in Family Law in Utah

My son lives with his father. He was not taken from me,I allowed my child to decide who he wanted to live with when he was 4 (Bad choice,I know). The father has been out of a job for a year and a half. He doesn't have a car (it got repossessed) and he lost the house so he lives with his parents. He also did not have insurance for our son so i put him on mine as soon as i found that out. He was on my insurance for 4 months then i got new insurance,the father wouldn't give me a copy of social or birth certificate to put him on my new insurance. So he went an additional 5 months without insurance.

I recently entered a petition to modify custody to the courts to get custody back. He says he is not worried and he is confident he will win? Do I have a good chance?


Asked on 10/16/10, 9:40 pm

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

The courts consider a number of factors, at least 8, to determine what is in the child's best interersts. All of those factors will be reviewed by the court.

Generally the court will require that the party asking for a child custody change be required to pay for a custodial evaluation using a professional social worker or psychiatrist etc.

You will also need to prove that a substantial change in circumstances has occurred.

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Answered on 10/22/10, 9:54 am


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