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My daughter had a child but never know married the father

Customer Question
never lived with him and...
My daughter had a child but never know married the father never lived with him and the child has her maiden name but the father is on the birth certificate. Since this child she married a different guy and had 2 children with him. The marriage didn't work out so while she was going through the divorce she let the father jeep him so it wouldn't affect his schooling now her divorce is done the father to her first child won't give him back. Can he do that where he has never had custody and the child has her maiden name. What can she do we are in utah
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.Category: Family Law
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Answered in 7 hours by:
6/17/2017
Family Lawyer: Michael Bradley, Lawyer replied 5 months ago
Michael Bradley
Category: Family Law
Satisfied Customers: 1,131
Experience: Owner at The Protection Group LLC
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How old is the child? Is there a custody order in place? How long has the child been with him?
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Customer reply replied 5 months ago
The child jyst turned 7 the 12th if this month he has been with the father 6 months but the mother has been trying to get him for a month or mire and he won't give him to her not even for his 7th birthday. No there has been no papers filed
Family Lawyer: Michael Bradley, Lawyer replied 5 months ago
Is there a court order?
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Customer reply replied 5 months ago
No there nothing going on that way although he has mentioned it to her but so far everything has been talk and texts
Family Lawyer: Michael Bradley, Lawyer replied 5 months ago

If she wants to get the child back, and she's going to have to file for custody if he will not agree to return the child. While they may have had an agreement, it was never reduced to a writing and never made an order of court so in the courts eyes it is not enforceable. She would have to file a complaint custody.

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Customer reply replied 5 months ago
Even though her son carries her last name and she has always took care of him
Family Lawyer: Michael Bradley, Lawyer replied 5 months ago
The last name is ***** ***** to a custody matter
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Family Lawyer: Michael Bradley, Lawyer replied 5 months ago
It is relevant that she did have so much to do with his care. However, in order to establish anything with regards ***** ***** she has to file a complaint for custody. It does not make a difference what the verbal agreement may or may not have been.
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Michael Bradley
Michael Bradley
Michael Bradley, Lawyer
Category: Family Law
Satisfied Customers: 1,131
1,131 Satisfied Customers
Experience: Owner at The Protection Group LLC

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