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  • Illegal?

    I am attempting to leave me fiance. We have been together 3 years and have a 6 month old son. My fiance smokes cigarettes and marijuana, besides spending very little time with our son. Yesterday, he told me that he researched me leaving and that it would be illegal for me to leave the state of Utah with his son without his consent and that I could lose custody.

    Help, please??

  • #2
    Re: Illegal?

    Okay first of all if there is no court case in any court system that was filed for Custody or visitation or child support then no-one has custody of that child at this moment what this means is that either of you can claim that child at this moment..So if he/she decides to take the child and go to another place to live he/she can't do anything cause neither of you have custody of that child but there is this thou.. If there was no paternity established then usually the child will go to the mother in most cases till it is proven that he is the father...If the mother states that the child may not be his then they will make him return the child to the mother but not always.. Now this is the thing I understand you want to move to this is the thing you can leave the state of Utah if there is no custody case in any court system already..But if there is then no you can not you have to get the courts permission but this is something that you have to think about when you move from the state cause lets say he makes it to court before you do and he files for custody of the child and you have left the state of utah then can they make you move back to the state or you will be charged with kidnapping so this is the thing.. If you want to leave him then leave him but file for custody immediately I mean you can pick up Custody papers anywhere and fill them out but you have to reside in that county and state for 30-or more days before you are a residence in that county and state..So you may want to think about that.. Your best bet would to file for custody before you move and go into court and tell the judge that you want to move out of that state or where ever and that you wish to have custody and if you have proof that he smokes then you that but if you do not then don't use it cause it also could hurt you cause you knew he was doing it cause you were with him for 3 years and he's going to ask you what changed your mind all of a sudden to care..that is just what I have went thru.. Just go file for custody then find a place to live and then go from there and just tell them where you want to move is where your family is cause you really don' t know any-one there and you want to be close to family but if you work then your better off there getting a place and doing your job,,,Good Luckk. I want you to know that i'm not a attorney or lawyer or judge i'm just a US citizen that has been thru 8 years of Custody and Support cases I have been known to research about everything.. It's always good to seek legal advice in any situation...

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