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MyLilGirl
Dec 23, 2008, 09:45 PM
I posted a question recently. To those who answered my first question. Thank you.( I don't know if it is okay to name drop, so hopefully you remember my handle) Due to my answers I got, a few new questions have risen. I was once on child support in Nevada. I was garnished for a few months while my daughters mom went on public assistance to get food stamps. That was the first time. The second time I was put on it again when she went for help with child care. I was taken off when I finished paying off what they had given her in assistance. Are any of these child support documents considered an order of custody for her. Meaning, is my daughter bound to her mothers custody because of the child support documents from a few years back. And also are those child support documents an establishment of paternity for myself. Meaning, do they say I am the legal father of my daughter? Please read my previous question below to gather the whole scenario.

I currently have been taking care of my daughter for the past two years. She currently lives with me. I have never had any custody papers on her. But, I would like to get them. Joint custody and I want the physical custody part of it. She is currently attending school here and has been for the entire duration of her stay. I live in Utah and her mother lives in Nevada. Her mother sent her to me when she had to turn herself in for incarceration. Is there a way to get the type of custody I desire here in the courts of Utah without having to travel to Nevada for any court work? I have been fearful of sending her back to her mother, for fear she may not be returned. I would like Utah to be my daughters primary residence.

GV70
Dec 24, 2008, 04:40 PM
I currently have been taking care of my daughter for the past two years ...

If you have never had custody papers the there hasnt been jurisdiction established other then birth and where the child lives. Right now since the child has been with you for 2 years that should be enough to satisfy residency requirements of Utah. So you may file in your home state for custody. But a few things need to be asked so your question can be answered.
1) were you and the mom married ?

2) if not married are you on the birth certificate or signed a voluntary decleration of paternity ?

Answering those would assist in recomending the steps your going to need to take for custody. But to answer your question as to where you would file it should be in Utah where you currently live.
You have not answered these question yet.

GV70
Dec 24, 2008, 04:41 PM
It is very important and if you want to have a correct answer you will have to give us more information.

cadillac59
Dec 29, 2008, 09:59 PM
If you've never had custody orders on your daughter Utah has jurisdiction since it is the child's "home state" under the UCCJEA. Yes, you can file for custody in Utah and you are suppose to (no other state in the US has jurisdiction at the moment).

Support orders are support orders and custody orders are custody orders and you can (and often do) have one without the other (I've seen it many many times).

For there to have been a child support order (or welfare reimbursement order) there would have had to have been a finding of paternity; so that must have been established in Nevada. You should be fine in that respect but get copies of your Nevada child support orders.

Is that it?