Legal Question in Family Law in Utah

Re: What are my rights

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

California requires 6 months in the state and 3 months in the county. If you intend to relocate to California permanently, contact an experienced Family Law attorney in the county where you live for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry, and good luck with your case.

Re: What are my rights

You will be able to file in California after you have satisfied the residency requirement there, but any issue related to the children will have to be determined in Utah, assuming that the kids have lived in Utah for the previous 6 months. Considering that children are often such a major issue in divorce, it makes practical sense to file in Utah.

Re: What are my rights

You should return to Utah to be close to your children. They do no understand why you are not nearby, and they need a father.

You will probably be required to file for a divorce in the state where the children are located - i.e. Utah. The Uniform Child Custody and Jurisdiction Act requires any case which involves the children to be filed where they have lived for the past six months or more.

Unless you are an unfit parent you are entitle to joint custody and what is called standard visitation (alternate weekends and holidays)- you can also file for custody.