Divorce And Custody Disputes

Summary

The users partner is facing divorce and custody disagreements. The childs father wants to file for divorce in Nevada, but the users partner wants to file in Utah. The father has been making threats about custody. The child has been living in Nevada for 3 years due to financial constraints. The threats have been verbal and not recorded. The users partner has been a resident of Utah her whole life. The father has been financially supporting the mother, but stopped doing so 3 years ago. The users partner is considering filing for temporary custody in Utah. The users partner is also considering moving the child to Utah for better educational opportunities and therapy. The users partner is seeking legal advice and considering options for affordable legal representation. The users partner is also gathering evidence of a written agreement where the father agreed to pay rent. The users partner is applying for a fee waiver for the divorce fees.

Full Conversation

My partner is having problems with a divorce and custody disagreements, and we dont have the recources to proceed right now, but i need advice on her behalf.
What specific issues are you facing regarding the divorce and custody disagreements?

General Information:
- In Utah, courts consider the best interests of the child in custody disputes.
- Salt Lake City Family Court: * S State St, Salt Lake City, UT *, (*) *-*.
They were married in utah, and child was born in utah, but the other party wants to file out of nevada. But we are in utah. He refuses to be civil, and has been making alot of threats about the situation, basically saying she isnt the childs mother anymore. We would like to file out of utah, which i was told is a mother state, and personally believe she would do better here with us than with him in las vegas.
Has there been any legal action taken in Nevada yet?

General Information:
- Utah courts usually have jurisdiction if the child has lived in Utah for at least 6 months.
- Threats can be reported to local law enforcement.
She is * and has been living there for 3 years, as he backed my partner into a corner financially and gave her no choice but to send her with her dad in nevada. Since then, we havent been able to do much.
What kind of threats has he been making?

General Information:
- Threats can be considered harassment, which is illegal.
- Contact your local police department to report threats.
Mostly threats about contact with the child.
What is the nature of these threats about contact with the child?

General Information:
- In Utah, interference with visitation rights can be considered a crime.
- Contact your local police department to report these threats.
Telling my partner that she will never have custody of her child and that her ex husband and his new girlfriend are her parents and that my partner is a bad mom and stuff in that sense.
Has your partner documented these threats? It could be useful in court. In Utah, parental alienation is taken seriously and can impact custody decisions.
Theyve all been over phone calls. Not recorded.
It's important to start documenting these incidents. In Utah, it's legal to record phone calls if one party consents.
If the divorce papers were only noterized in nevada, but not filed, is it possible to file in utah if she currently resides in nevada?
Has your partner been a resident of Utah for at least 3 months prior to filing the divorce?

General Information:
- Utah requires at least one spouse to be a resident for 3 months before filing for divorce.
- Salt Lake City Family Court: * S State St, Salt Lake City, UT *, (*) *-*.
She has been a resident of utah her whole life.
General Information:
- If she's been a resident of Utah her whole life, she can file for divorce in Utah.
- Salt Lake City Family Court: * S State St, Salt Lake City, UT *, (*) *-*.
Even if he resides in nevada with their child?
Yes, she can still file in Utah. However, Nevada may have jurisdiction over child custody if the child has lived there for 6 months or more.
Is there anything that can be done if she was financially dependant on him and he gave her no choice?
Yes, in Utah, courts may order alimony or spousal support during a divorce. This is based on factors like financial condition and earning capacity.
Even if it happened 3 years ago? Theyre still currently married
Yes, alimony can be awarded even if the financial dependency occurred years ago. The court will consider the entire length of the marriage.
Is he supposed to help with transportation for visits or is it all on us to drive to and from vegas every time?
What is the current custody agreement regarding transportation for visits? In Utah, typically, both parents share the responsibility unless stated otherwise in the agreement.
The divorce is still not filed, she wants to file through utah, but he filed through nevada
What is the current state of residency for both parties involved in the divorce?

In general:
- Utah requires residency for 90 days prior to filing.
- Nevada requires * weeks of residency.
Hes been a reaident for 3 years and she has been a utah resident her entire life
What is the current living arrangement for the child/children involved?
There is no legal arrangement yet. Still in the process of divorce.
What is the distance between the two parents' residences? In Utah, if it's over * miles, the noncustodial parent is generally responsible for transportation for visitation.
Milford utah to las vegas is about * hours
What is the exact mileage between Milford, Utah and Las Vegas, Nevada? This is important as Utah law generally holds the noncustodial parent responsible for transportation for visitation if it's over * miles.
If they are still married, and no custody battle through courts, does that natter?
Yes, it does matter. Until a court order is in place, both parents have equal rights to the child. Are there any disagreements about the child's custody?
She wants her to live with us, and he wants her to live with him. Thats the biggest problem. And ahe is having emotional issues and school issues living with him.
What steps have been taken to address the child's emotional and school issues? In Utah, the child's best interest is paramount in custody decisions.
They just keep moving her schools throughout vegas, and has never put her in therapy
What actions have you taken to address the child's emotional and school issues? In Utah, the court considers the child's emotional well-being when determining custody.
We have spoken to him, and he hasnt done anything to help her. He wont pay for a tutor, and wont put her into therapy.
Have you considered filing for temporary custody in Utah while the divorce is being processed? This could provide some stability for the child.
Thats what we are talking to the court house about right now.
That's a good step. Do you have legal representation for this process? In Utah, having a lawyer can help navigate the complexities of custody cases.
So if the custody is shared, wojld it be illegal for her to take the child and move her without his permission?
In Utah, if there's a joint custody order, moving a child out of state without the other parent's consent or court's permission could be considered custodial interference.
What if there is no custody order, and parents are still kevally married?
In Utah, if there's no custody order and parents are still legally married, both parents have equal rights to the child. Are there any immediate safety concerns for the child?
Not any immediate safety issues, but there are educational and emptional concerns.
What steps are you taking to address these educational and emotional concerns? In Utah, the court considers the child's emotional and educational well-being when determining custody.
We would like to put her into a school with less kids, so she can get more * on * time with teachers, and put her into therapy to help her.
That sounds like a good plan. Have you discussed this with the child's other parent or a legal professional?
We tried to yesterday, but thats when he started calling her a bad mom and telling her that she will never have custody.
What steps are you taking to legally establish your plan for the child's education and therapy?
We are working on that, im trying to get advice first before we go into anything serious.
What steps have you taken so far in seeking legal advice for your situation?
Talked to a couple lawyers, and now im on here trying to get advice
What specific advice are you seeking at this moment?
If there is no custody agreement, and they havent been divorced yet, would ahe legally be allowed to keep her child without his permission?
In Utah, if there's no custody order and parents are still legally married, both parents have equal rights to the child. However, it's advisable to consult with a lawyer for specific advice.
Is there any options that wont be too expensive? We cant afford the lawyer fees upwsrds of *,*$
You may consider legal aid services or pro bono attorneys. Utah Legal Services and Legal Aid Society of Salt Lake are two organizations that provide free or low-cost legal assistance.
Is threatening to spank a child with a belt illegal?
In Utah, discipline is allowed as long as it doesn't cause harm. However, using a belt could be seen as excessive and potentially abusive. It's best to use non-physical discipline methods.
She was a stay at home mom, he wouldnt allow her to work. He was very abusive, and she was financially dependant on him, she asked for a divorce, and then he quit his job and she was evicted. I feel as though he backed her into a corner and gave her no choice but to give the child to him because he had more recources at the time.
Has she considered filing for spousal support or alimony? In Utah, a spouse may be entitled to financial support during or after a divorce, especially if they were financially dependent.
We are working on getting text messages from * for the agreement they made that he didnt keep his word on.
What kind of agreement was made in these text messages? It's important to know that in Utah, written agreements can sometimes be considered legally binding.
He was supposed to pay rent for her at least until she had a job, but instead, he never paid the rent, quit his job and went and got a girlfriend in a different state.
What evidence do you have to prove that he agreed to pay the rent until she found a job?
We have text messages from him to her
What does the text message specifically state about him agreeing to pay the rent? Text messages can sometimes serve as evidence in court.
It was agreed upon that she had january and february to find a job, and supply basic needs to child, they agreed on *$ a month, which at least covered rent.
What steps have you taken to enforce this agreement? In Utah, written agreements can sometimes be legally binding and enforceable in court.
Neither party has been able to afford the divorce fees.
Have you considered applying for a fee waiver in Utah? If you can't afford the court fees, you may be eligible for a fee waiver.
In the process right now. If the child has lived in las vegas for 3 years, would we still be able to fight for custody in utah?
The child's home state, where they've lived for the past 6 months, usually has jurisdiction over custody. However, exceptions may apply. Consult a Utah family law attorney for specifics.