Legal Question in Family Law in Utah
My wife has a a 6 year-old child from a previous relationship (not marriage). We have now been married for 4 years and in that time the biological father has made no attempt to see the child. In the 4 years we have been married he has only paid child support for a total of 2 years because the court garnished his wages. His last child support payment was 1 year ago. The custody case which gave my wife full custody of the child was originated in California. Shortly after, both parties (mother and father) moved to Las Vegas, Nevada. However, the case was never transfered and remains in California. While my wife and I were living in Las Vegas we hired an attorney 1 year ago to terminate the father's rights and file for adoption. The attorney we hired took our $2,000 and never did anything with the case. We were told that the process server was unable to locate the father, so nothing came of the case. I am in the military and the mother and I (with child) just moved to Utah 2 months ago. The location of the father is still unknown. My question is will Utah courts take the termination of rights/adoption case since we just moved here, or do we need to find another attorney in Nevada or California. It seems like a cut and dry case. We just hired a bogus attorney. Any advice would be greatly appreciated. If you need more information or have any questions, please let me know. Thank you very much.
1 Answer from Attorneys
Utah can take over the termination case. Utah courts will allow alternate service, meaning if we cannot find him and use all available means, then the court will allow service by publication in a newspaper at his last known location. I have done these cases before.
BTW, contact the Nevada attorney and demand your money back. He should refund at least part of your fees.
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