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ANDREA,
ANDREA,, Lawyer
Category: Legal
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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Is it impossible to get joint legal/physical custody after

Resolved Question:

Is it impossible to get joint legal/physical custody after a mother (in Utah) has had sole custody for nearly 7 years? Is an attorney required to do so? How can somebody get assistance with that by an attorney if they have no money and Legal Aid is too broke to accept new cases? I just want to see my 8 year old little girl before she turns 9 in less than two months. Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  ANDREA, replied 2 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

My name isXXXXX am a licensed, practicing Attorney and would be glad to help

Nothing is impossible, but decisions on changes in custody will only be made if "there is a substantial change in circumstances" and if there is a substantial change in circumstances, Judges in all Family Courts are still guided by the same principle in making these decisions, "What will be in the best interests and permanent welfare of the child".

You do not have to be deprived of seeing your child and you do not need a lawyer to exercise your rights. You can get any form that you will need from the Court Clerk of the Family Court which you will fill out and return to the Court Clerk to give the case a hearing date.

If the original Child Custody Order provided for you to have visitation rights and the mother does not allow you to see your daughter, you would ask the Court Clerk for their form for a Petition for Contempt in which you ask the Judge to hold the mother in Contempt for not adhering to the Child Custody Order's Visitation provisions.

If there is no Visitation provisions, then you would ask the Court Clerk for their form for a Petition to Modify Custody in which you would ask the Judge to amend the original Child Custody Order to include visitation rights for you.

I hope this information helps you better understand your options, If you need clarification, please let me know and I will be glad to explain further. In the meantime, please be kind enough to press the "Accept" button so that I receive credit for my time and effort in assisting you,


Kindest Regards,

Expert:  ANDREA, replied 2 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

My name isXXXXX am a licensed, practicing Attorney and would be glad to help

Nothing is impossible, but decisions on changes in custody will only be made if "there is a substantial change in circumstances" and if there is a substantial change in circumstances, Judges in all Family Courts are still guided by the same principle in making these decisions, "What will be in the best interests and permanent welfare of the child".

You do not have to be deprived of seeing your child and you do not need a lawyer to exercise your rights. You can get any form that you will need from the Court Clerk of the Family Court which you will fill out and return to the Court Clerk to give the case a hearing date.

If the original Child Custody Order provided for you to have visitation rights and the mother does not allow you to see your daughter, you would ask the Court Clerk for their form for a Petition for Contempt in which you ask the Judge to hold the mother in Contempt for not adhering to the Child Custody Order's Visitation provisions.

If there is no Visitation provisions, then you would ask the Court Clerk for their form for a Petition to Modify Custody in which you would ask the Judge to amend the original Child Custody Order to include visitation rights for you.

I hope this information helps you better understand your options, If you need clarification, please let me know and I will be glad to explain further. In the meantime, please be kind enough to press the "Accept" button so that I receive credit for my time and effort in assisting you,


Kindest Regards,

ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11580
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 5 other Family Law Specialists are ready to help you

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