How important is it to have a good child custody lawyer in Utah when going through a divorce? It is essential. You need a divorce lawyer that has gone through trials and had to examine witnesses and child custody evaluators. Arnold, Wadsworth & Coggins Attorneys has the experience necessary in order to help you fight your custody battle. We will educate you on the child custody laws and help you understand how to apply the law to your situation.
What if you have been in Utah for less than three months but you are afraid your children might be subject to abuse if the State of Utah does not take legal action to take care of your children? The answer lies in Utah Code Annotated 78B-13-204. This statute allows Utah to take temporary emergency jurisdiction if;
- The child is present in the state of Utah
- Child has been abandoned OR it is necessary in an emergency to protect the child because the child, OR a sibling OR parent of the child, is subjected to OR threatened with mistreatment or abuse.
There are other circumstances that may apply. It is important that you consult with attorneys at Arnold, Wadsworth & Coggins to see if this applies to you. “Jurisdiction under emergency provisions of Uniform Child Custody Jurisdiction Act (UCCJA) enabling court ot modify out-of-state custody decree, if child is physically present in state and if it is necessary to protect child against mistreatment or abuse, is reserved for extraordinary circumstances, and should be limited to cases of neglect where harm is immediate or imminent.” State in Interest of DSK, 792 P.2d 118 (Utah Ct. App. 1990).
Utah Code Annotated: 78B-13-204. Temporary emergency jurisdiction.
(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(2) If there is no previous child custody determination that is entitled to be enforced under this chapter, and if no child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203, a child custody determination made under this section becomes a final determination, if:
(a) it so provides; and
(b) this state becomes the home state of the child.
(3) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203, any order issued by a court of this state under this section shall specify in the order a period of time which the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 78B-13-201 through 78B-13-203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced, or a child custody determination has been made, by a court of a state having jurisdiction under Sections 78B-13-201 through 78B-13-203, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to Sections 78B-13-201 through 78B-13-203, upon being informed that a child custody proceeding has been commenced, or a child custody determination has been made by a court of another state under a statute similar to this section shall immediately communicate with the court of that state. The purpose of the communication is to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Child Custody Lawyers – Arnold, Wadsworth & Coggins Attorneys
Arnold, Wadsworth & Coggins Attorneys is a premier Utah law firm serving the Wasatch Front in the areas of family law, bankruptcy, criminal law, and civil litigation. Our attorneys provide clients with exceptional legal representation and personal attention. With over 35 years of trial practice and litigation experience, we bring big firm expertise at affordable rates
