Legal Question in Family Law in Utah

My children

My husband left us, i filed for divorce a year ago and now he is fighting me. He wants the children and wants to claim them on his taxes. He has not seen them in over a year and he was charged with child abuse do i have to let him take the boys. I have no attorney because I have no money.

Thank you


Asked on 5/18/04, 1:08 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: My children

Talk to Utah Legal Services for free of low cost legal assistance. You should request a legal opinion on whether to allow the children to go with their father - if he was responsible for child abuse I would make him get a court order first. Tell him that until a court clears him of child abuse that you can be held responsible for aiding and abeting child abuse and failure to protect the children if you allow them to go with him. Father should be paying child support and possibly alimony. He should not get the children as tax deductions unless he is paying and is current on child support, and then only half of the children or as many as would not benefit you. However, if you have no money you can claim child income credits if you retain them as your dependents. Basically, don't transfer them.

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Answered on 5/18/04, 1:29 pm


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