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P. Simmons
P. Simmons, Lawyer
Category: Family Law
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Experience:  16 yrs. of experience including family law.
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How can I get legal custody of a child who is not related to

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How can I get legal custody of a child who is not related to me? grandma has legal custody but is in a nursing home, child was living with us for the last 6 months, no other family or bio parents are involved or want to be involved, except for a niece in another state who stepped up after DCFS was contacted, they removed the child because we are not family and grandma wanted child to go with that niece. child wants to live here with me and my husband??
Submitted: 11 months ago.
Category: Family Law
Expert:  P. Simmons replied 11 months 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.

In Utah, DCFS is the agency with authority to go to the courts and ask for a court order of guardianship of a child when their parents or current guardian is not providing proper care and support.

So one way to attempt to obtain guardianship (custody) would be to go through DCFS. If they agree that you are best suited to raise the child? They can go to court and request the court order guardianship to you.

Now...what if DCFS is not willing to work with you on this? What you describe it sounds like that may be the case?

In that case, you would have to go to the court directly. So you would need to have a local attorney file a motion with the court to award you guardianship.

The court is concerned with one thing...and one thing only. What is best for the child? If you can show that custody with you is in the best interest of the child? The court can award you guardianship. They will do this over the recommendation of DCFS, IF you can show that the child is best off with you.

The fact you have had the child for 6 months is in your favor...the court will want consistency for the child if they can provide it. And if the child wants to be with you? That is also in your favor.

What you describe? Sounds like DCFS made the wrong decision and that the child should be with you.

But if you can not convince DCFS, then you will have to go directly to the court.

So consider retaining a local attorney with family court experience to file this case for you.

If DCFS will not work with you? You need to go directly to the court.


P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26175
Experience: 16 yrs. of experience including family law.
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