Legal Question in Family Law in Utah
What will the judge consider when dad wants custody
My husband and I are seeking custody of his 8 year old daughter from an aunt who was given temporary custody 4 years ago. The aunt has divorced 3 times and is living with a man 14 years younger than she is. My husband has had a drug history and has been drug free for two years and very involved in her life. He has stable employment and is active in our church. We are seeing a family therapist with both of our children and he also agrees, and has signed affidavits, that it would be in her best intrest to be in our care. The mother has never been involved and rarely visits and is unemployed and has not begun any substance abuce recovery. We have taken huge steps to improve our lives and now we want to provide her with all of her family care. The aunt has mentioned the money she receives from the state and keeps saying, ''maybe later when she is older'' and states that we have become too churchy and that it would look bad if she gave her up.We our doing everything we can and are prepared to proceed but I am concerned with what the judge will be looking for from a father who has used drugs and served time but has completed parole and wants to raise and care for his daughter.We are good,loving parents how do we show the judge.
1 Answer from Attorneys
Re: What will the judge consider when dad wants custody
You will have to file a petition for change of custody with the appropriate court, probably a juvenile court. You should have legal assistance for this procedure to assura as successful an outcome as possible. Without knowing the exact orders and history of this case there is no way for me to foresee the likelihood. Your success depends on the progress your husband has made. You will need to be prepared to prove that he is a changed man, and back that up with evidence, such as completion of abuse treatment and counseling, and most important a record of being clean. He should being to get regular tests now, so when this matter gets before a judge he has some proof.
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