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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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MY GIRLFRIEND LIVES WITH ME BUT IS MOVING BACK TO UTAH WITH

Resolved Question:

MY GIRLFRIEND LIVES WITH ME BUT IS MOVING BACK TO UTAH WITH OUR DAUGHTER. WHAT IS GOING TO BE MY RIGHTS IN THIS SITUATION AND HOW WILL I BE ABLE TO PROTECT THEM?
Submitted: 8 years ago.
Category: Family Law
Expert:  Dave Kennett replied 8 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?
What do you mean by "protect them" and from what?
Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 8 years ago.
Well i need to know when she gets back can she keep my daughter from me and will she have control of how much child support will be and when visitaion is allowed. I moved her out here two months ago and her attitude has changed tremendously. if i persue child support orders will it help or be the same if she does in this situation? we made an agreement on a payment but I need to know if I should run my income to a lawyer to c if she would be recewiving more than is required. how much does it cost to find out how much i am required fo pay and is that possible without going to court?
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- I would file for visitation and custody with your local court immediately. It may be possible to keep her from taking the baby out of state if you obtain visitation and/or custody rights in SC. Once she moves, if there is no order, you will not be able to make her return. You will still be able to file for visitation and other parental rights but it will be in Utah.

 

As far as child support that will be determined wherever you file. If you file your motion in SC then the child support will be calculated there however if she moves it will be Utah law that governs. I would definitely have the support set by the court since private agreements are unenforceable.

 

In any event, she will not be the one to control the visitation, custody or support as all of that is up to the court regardless of the jurisdiction.

 

David Kennett - JD - Attorney at Law

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