How To Protect Joint Custody Rights

Question About Joint Custody Rights

My ex-husband and I have joint custody of our two kids but he won’t let me see them or anything. He has even moved out of state without telling me. My son who is now 16 would like to come live with me as well. What rights do I have?

Answer

Under Utah Code Section 30-3-37, either of you can file a Motion to Amend Custody and Parent Time upon Relocation. You should do this immediately. Note that this motion must be served under Rule 4 of the Utah Rules of Civil Procedure (personal service or certified mail accepted). An attorney can help you serve this if you do not know the father’s location.

With this motion, you may have an expedited evidentiary hearing to determine the best interests of the children. Make sure that you ask for an evidentiary hearing, since in Salt Lake City, your matter will be first heard by a commissioner and that hearing is not evidentiary in nature. In addition, the court must carefully consider the desires of a 16-year-old about where he wants to live. For guidance on what to ask the court for click on the link “Custody Order” below.

Peter ChristensenHow To Protect Joint Custody Rights