Legal Question in Family Law in Utah

I am in Utah and my husband did not return my children after their weekend visitation. We are filing for divorce and have no custody on paper at this time. He is telling me he's keeping them, that he wants full custody and is going to tell the courts I am on drugs and my house is unsafe. Can he utilize DCFS since the children are not in my home, and what would they want from me? What other ways can he try to prove these allegations? What should I expect the courts to ask of me?


Asked on 7/03/12, 6:32 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

You need to get temporary orders that decide who has custody, child support, visitation and temporary support while the divorce is pending. If you are on drugs you should not have custody of the children, if you are not on drugs then you should be able to fight for custody. DCFS may be called to investigate if the children's home is unsafe or if the children are at risk for their safety. You will have to show that the allegations are not true.

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Answered on 7/05/12, 7:30 am


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