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My fiancé's baby mama tried kidnapping their daughter. She…

Customer Question
My fiancé's baby mama...

My fiancé's baby mama tried kidnapping their daughter. She does have custody but we have paperwork and proof that she gave her up. I'm wondering what can we do

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

With ors

Lawyer's Assistant: Family law varies by state. What state are you in?

And workforce Utah

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The baby mama is a drug addict and tried killing herself not even a week ago

Submitted: 2 months ago.Category: Family Law
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Answered in 3 hours by:
5/29/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation.

You mentioned that the child's mother has custody, but that you have proof she relinquished her parental rights-- can you please clarify, is there a current custody order? Were her parental rights terminated? Or was this a letter she drafted herself, but which has not been filed and updated in court?

Thanks!

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Customer reply replied 2 months ago
It was her sending a Facebook message saying that and is putting things at workforce and ors
Family Lawyer: Nisha Jones,
 replied 2 months ago

Thanks for the additional information. Give me just a few minutes to finish typing up some information for you, thanks!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Since the current order from the family court is still granting custody to the baby's mother then your fiance needs to petition the court to have this order modified.

If the mother would like to voluntarily terminate her parental rights and sign full physical and legal custody over to your fiance, then that needs to be filed with the family court and officially granted and entered into the record by the judge.

Your fiance should look into getting the appropriate motions filed, as soon as possible.

The clerk of courts office at your local family courthouse should be able to let you know if there are templates or blank forms available for these motions.

If not, then your fiance will need to draft them, or should consider hiring an attorney to help him in preparing the motions and presenting them to the court.

Visit this resource from the Utah court system where you may be able to obtain the necessary forms as well:

https://www.utcourts.gov/resources/forms/

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
Okay sorry one last question but what if the mother doesn't want to give up her rights. She is suddenly saying we are putting her daughter in danger even tho we aren't. She is unstable she tried killing herself maybe a week ago from a drug overdose and we think she is on drugs now even tho she says she is clean. Would that help our case at all?
Family Lawyer: Nisha Jones,
 replied 2 months ago

Yes, it will.

Have you contacted child protective services? If the mother is a harm to herself or others, then the child should not be in her custody or care.

When making a custody determination, the court will use the best interest of the child standard.

There are several factors that are taken into consideration under that standard, one of which is the physical and mental health of each parent.

The factors considered by the judge under the best interest of the child standard include:

  • "Past conduct and demonstrated moral standards of the parties
  • Parent most likely to act in the best interest of the child, including allowing child frequent contact with non-custodial parent
  • Bonding between each parent and the child
  • If a parent has intentionally exposed the child to pornography or other harmful sexual-related materials
  • Physical, psychological, and emotional needs of the child
  • Both parent’s ability to reach shared decisions for the child and prioritize the child’s welfare
  • If both parents participated in raising the child before the divorce
  • The geographic proximity of the parents’ homes
  • The child’s preferences
  • Parents ability to protect child from their conflict
  • Past and present ability to cooperate with each other in parenting and making decisions
  • Any history of child abuse, domestic violence, or kidnapping
  • Any other relevant factors."

I hope that helps! Let me know if you still have any questions about this.

If not, don't forget to rate so I can be credited for my time and help with your question, thank you!

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Customer reply replied 2 months ago
We haven't contacted them mainly because the mother would disappear for weeks at a time this is the first time the mother has ever tried to get her daughter in the last few months. But the child has been raped under her mothers watch by her boyfriends son but does it help us because after that Incident happened the mother moved them to Tennessee but then a while later moved them back to the father whose kid let it happen. The father would also beat the mother and hit the daughter once. But my fiancé put on Facebook that we had actually moved to Oregon because that same man was Facebook stalking both of them and we wanted to make him think that we were in another state. She has also called us with the current boyfriend she has saying that she is worried that he will come to hurt her but then the mother will spin it saying that we are keeping her daughter from her by not saying where we are living. Even tho she has these guys that are threatening to hurt the daughter, does that look bad on our part?
Family Lawyer: Nisha Jones,
 replied 2 months ago

If you or your fiance are aware of harm being done to the child -- abuse, neglect, child endangerment, rape -- then you need to report it to the police immediately.

If you are aware of crimes being committed against the child, but have not reported it to the authorities, and have not taken steps to remove the child from the situation, then yes this would reflect poorly on your fiance in family court.

Let me know if you still have any questions about this.

Don't forget to rate before leaving the page today, thank you!

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Customer reply replied 2 months ago
No the rape happened under the mothers care we have the case number ***** it. It happened a while ago but could that show the mother neglected her by moving back to live with the guy again after the rape occurred and the mother knew about it
Customer reply replied 2 months ago
My fiancé has put the daughter into therapy because of what happened does that show good on our part and would it be helpful for us to get like a letter from her therapist stating that in the best interest of the child for her to stay with us
Family Lawyer: Nisha Jones,
 replied 2 months ago

Yes, that's correct. If there was a case number ***** then that shows that steps were taken to alert and notify the authorities and yes -- if there as a rape committed and the mother moved the child back into the same house with the rapist, then that would be grounds for seeking full custody and a potential termination of her parental rights.

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Customer reply replied 2 months ago
I don't know if the boy who committed the rape was living there or not when they moved back but the father of the boy had been beating the mother and beat the daughter
Family Lawyer: Nisha Jones,
 replied 2 months ago

Yes, this would still show poor judgment on the mother's part and that she placed the child back into a home where there was abuse. Her failure to protect the child could also be used as grounds for termination of her parental rights.

Yes, any efforts you've taken to help with therapy and/or to protect the child would be helpful in court to demonstrate your efforts to protect her and care for her.

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I hope that helps!

We can also speak over the phone to discuss the situation further if you still have any more questions about this.

If you'd like to chat, just follow the link I sent you above and the site will get us set up for the call.

Also, please take a moment to leave a positive rating for me using the stars at the top of the page. Thank you!

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Customer reply replied 2 months ago
Thank you so much for helping and I might be calling you later but I am very pleased on how helpful you have been thank you so much
Customer reply replied 2 months ago
One more question so the father who is going for custody has a pot charge will that complicate our case
Customer reply replied 2 months ago
He has been paying his fine for it and is in court mandated counciling but would it look better if he was able to come up clean on a drug test
Family Lawyer: Nisha Jones,
 replied 2 months ago

The judge can take into account any criminal cases that he has, however the evaluation for custody will be done using a totality of the factors under the best interest of the child standard that I sent you earlier. That means that while it is something the judge will take into account, it's not necessarily something that would disqualify him from obtaining full custody.

Please take a moment to rate. You can still come back and process the call later if you decide you'd like to, even after rating.

Thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Customer reply replied 2 months ago
I don't have any questions at this moment thank you so much for your help
Family Lawyer: Nisha Jones,
 replied 2 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don'r forget to leave a positive rating so I can be credited for my time and help with your question. Thank you!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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