Default Custody Judgment Utah

Summary

In Utah, hiring a lawyer does not count as a formal response to a custody case. A formal response must be filed with the court. If a late response is filed, a motion to set aside default may be needed, which the court may or may not grant. Custody decisions are based on the childs best interests, considering factors like parental involvement and stability. Evidence of alcoholism, such as medical records, police records, and witness testimony, can impact custody decisions. Both parents have equal rights unless otherwise ordered by the court. Past evidence of alcoholism is typically admissible. Consult a lawyer for personalized advice.

Full Conversation

I filed a default judgement on my custody case due to the respondent not filing an answer in time. My question is if he hired a lawyer does this count as a response if I received the notification on the deadline date.
Hello ****. Although the hiring of a lawyer can be a response, it may not count as a formal response to a lawsuit. However, laws vary by location. May I know where you are located to provide more accurate information?
Utah
Hello ****, in Utah:
- Hiring a lawyer does not constitute a formal response to a custody case.
- A formal response is usually an Answer or a Motion filed with the court.
- If your ex files a late response, they may need to file a motion to set aside default.
Please consult a lawyer for personalized advice.
If they file a motion to set aside default does that reverse judgement?
Hello ****, in Utah:
- Filing a 'motion to set aside default' does not automatically reverse the judgement.
- It's up to the court's discretion whether to grant the motion or not.
- If granted, the case would proceed as if the default never occurred.
Consult a lawyer for personalized advice.
If I have full custody and my ex takes me back to court for custody changes. What are the chances he will get any sort of custody?
Hello ****, in Utah:
- The court considers the best interest of the child in custody matters.
- Factors like your ex's involvement, child's preference, stability, etc. are considered.
- The chances depend on these factors and the judge's discretion.
Consult a lawyer for personalized advice.
What if he has an alcoholism problem?
Hello ****, in Utah:
- The court takes into account issues like substance abuse in custody cases.
- If proven, alcoholism can impact the court's decision on custody.
- Evidence of alcoholism could favor your side.

Please consult your attorney for specific advice.
How do you show proof of alcoholism?
Hello ****, in Utah, evidence of alcoholism can be shown through:
- Medical records indicating treatment for alcoholism.
- Police records of DUIs or other alcohol-related offences.
- Testimony from witnesses who can attest to the alcohol abuse.
- Any other relevant documentation or evidence.
Please consult your attorney for further guidance.
Would counseling documents for alcoholism and failing an AA program. As well as loss of job count for proof?
Hello ****, in Utah, evidence of alcoholism can include:
- Counseling documents for alcoholism.
- Records of failing a rehabilitation program like AA.
- Job loss due to alcohol-related issues.
These could potentially strengthen your case. Please consult with your attorney for the best approach.
Is Utah a mother state?
Hello ****, in Utah:
- The court makes custody decisions based on the child's best interests.
- Both parents have equal rights and responsibilities unless otherwise ordered by the court.
- The concept of a "mother state" or "father state" is a myth.
Always consult with a lawyer for personalized advice.
If I have full custody, what are the chances of the non custodial parent getting custody
Hello ****, in Utah:
- The non-custodial parent can petition for a change in custody.
- The court will consider factors like change in circumstances, best interest of the child.
- It's discretionary and depends on the specifics of the case.
Consult a lawyer for personalized advice.
For proving alcoholism can you submit past proof?
Hello ****, in Utah:
- Evidence of past alcoholism is typically admissible.
- It can include old medical and police records, or testimonies.
- The relevance and impact depend on the case and judge's discretion.
Please consult your attorney for specific advice.