Family Law

questions & answers

Question: Me and my wife separated 3 years ago. She moved out of state with our three children and then about a year later two of my boys came back to live with me in Arizona. They went up to visit their mom in Utah last Summer and she refused to let my boys come back . Come to find out she filed for divorce/custody when they first got up there and I was never served anything. It's already been approved by a judge and now I'm paying child support and on a parenting schedule to visit my kids. What can I do and which state, Arizona or Utah do i contact? Thank you

Answer: Your wife most likely filed for dissolution of marriage in Utah where she currently lives.  She should have served you with the petition for dissolution and given you a chance to respond.  If you were not served, she could possibly have claimed she did not know your whereabouts and served you by publication.  You can find Utah divorce decrees on line.  Go to: https://vitalrecords.utah.gov/certificates/order-a-vital-record-certificate.    If you can't find a Utah decree, check online for the Arizona county where you and your ex lived when you were together.  In Arizona, divorce records are available on the superior court website.  Once you know where she filed, you can file a motion to modify custody (legal decision-making) with that court and argue that you were never served.

QUESTIONS

  • Me and my wife separated 3 years ago. She moved out of state with our three children and then about a year later two of my boys came back to live with me in Arizona. They went up to visit their mom in Utah last Summer and she refused to let my boys come back . Come to find out she filed for divorce/custody when they first got up there and I was never served anything. It's already been approved by a judge and now I'm paying child support and on a parenting schedule to visit my kids. What can I do and which state, Arizona or Utah do i contact? Thank you

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