Habeas Corpus For Child Custody In Utah
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FAQ
What is the New Child Custody Law in Utah? Utah's new child custody law, which went into effect on , is called the "Equal Parent-Time Schedule." This law allows parents to share equal physical custody of their children unless there is a reason why this would not be in the children's best interests.
Common arguments for granting a habeas corpus petition include: You had incompetent legal counsel or a competent attorney was not provided. You were convicted under an unconstitutional law; You were convicted under a law that has since been changed, so what you did is no longer considered a crime;
Utah's custody law provides three parent-time schedule options for parents who share custody: The standard minimum parent-time schedule that provides a parent with one three-hour visit each week and every other weekend. A 60/40 schedule. A 50/50 schedule.
In general, a non-custodial parent does not have the legal right to take a child without the custodial parent's permission, especially if there is a custody agreement in place. Violating such an agreement can lead to legal consequences, such as charges of kidnapping or custody disputes.
In Utah, the court will usually not consider a child's preference unless they are 14. However, the child's preferences are not the only factor the court finds. The judge may place more weight on the child's wishes if they are 16 or older.
In Utah, being a father gives you the right to pursue custody and visitation of your child, and to make decisions regarding your son or daughter. These rights apply whether you are married or not, but you may have to fight for them, especially in the case of divorce.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
If you no longer want to continue with your custody and visitation case, you can file a motion asking the judge to dismiss it. However, if the other parent has already come to court or filed legal papers in the case, both you and the other parent must sign the motion for dismissal.
Ideal custody witnesses are witnesses who typically are neutral: teachers, coaches, medical providers; parents of the children's friends.
