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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 27129
Experience:  16 yrs. of experience including family law.
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My sons step grandparent held me against my will last wk and

Customer Question

My sons step grandparent held me against my will last wk and would not let me leave with my child from her house since dad lives there too and was not home to give the okay that I could leave with my son there is no order child custody in place but we have always been okay so nothing to worrie about but since last wk when the step grand parent held me aginst my will things have changed dad has told me that I can not go to his house or that Im not welcome but my child is he is 6 by the way I was just wondering If I should file a restraining order aginst the step grandparent and what I would need to do to make sure that I get custody of my son so that this doesnt happen again!
Submitted: 4 years ago.
Category: Family Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Is there a custody order in place for the child? IF not, why not?
Customer: replied 4 years ago.
There is not a custody order in place It has always been a agreement between the two of us when we would have him sometimes it would be u have him three days I have him four then I have him four and you have him three right now its he has him five days for school and I have him on the wknd but then Thats not working for me anylonger dad is trying to control where I live so I get my son more but I just want to change it around so I get him five days and dad gets him three
Expert:  P. Simmons replied 4 years ago.
Tell me this, are you married? Ever (to dad)?

Is dad on the birth certificate?
Customer: replied 4 years ago.
no we were not married and now he is on the birth cert last yr we got it amended
Customer: replied 4 years ago.
no we were not married but the birth cert has been admended
Expert:  P. Simmons replied 4 years ago.
Thanks

Then you need a custody order. Unless or until you get one, he has the right to take the child at any time for any reason.

The same is NOT true for the grandparent...the grandparents have NO rights unless or until a court grants them rights...so if the grandparents have the child and will not release to you, my first call would be to local law enforcement.

You can also request a protection order against the grandparent to prevent this from happening in the future.

But the key point here seems to be custody...a custody order (or in your case a lack of a custody order).

To best resolve this you should consider filing a case with the county family court to ask the court to decide custody and, if appropriate, award child support.

Customer: replied 4 years ago.
about child suport I have always thought that that was dumb since we both had him equal times but should I have child suport put into place?
Expert:  P. Simmons replied 4 years ago.
Well, support can vary depending on MANY factors...income is important, but another very important factor is time with the child...the more time you spend with the child, the less you pay.

example

2 parents have equal income and each spend 1/2 time with the child. In such a case, I would expect no support.

But, 2 parents with equal income, one spends 1/4 time with the child, the other 3/4 time. In that case, I would expect the 1/4 parent to pay the 3/4 parent some support.

So if you can convince the court the child should spend more time with you (based on the wacky grandparents you describe that may not be too difficult) then you may well get support.

Customer: replied 4 years ago.
do you know where there would be a probono atorney in the state of utah?
Customer: replied 4 years ago.
so .. Is it legal for dad to keep my son from me?
Expert:  P. Simmons replied 4 years ago.
Yes...until there is a court order, if he is on the birth certificate, he can keep the child.

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P. Simmons
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