custody question

[dddad]

I live in Utah.Yesterday I found found out that My ex wife used my 5 year old son to help her break into a house so she could steal money from them my son told me this and I then sent the cops to investigate. I am not sure at this time of the charges that will be filed but have heard that my ex knows that I am going to try to get full custody. right now we have split. she knows she messed up and is in a bad spot. I am wondering if I need to go through the courts to get custody arangments legalized if she will agree and sign them. also would that solution be enough for me to not pay child support or does the court need to be involved

 

[Duranie]

Until you have custody on paper you need to pay child support. If you want custody then you need to go to court and file a motion. An attorney can help you or if you know what you are doing, go down and file yourself.

As far as the crime your ex commited, what a 5 year old tells you needs to be taken with a grain of salt. If she has not been arrested nor has any charges pending, you probably cannot use this in court.

If you want custody and can prove the child is better off with you, then file for it.

 

[dddad]

another question

Well I have more information. My ex will have multiple charges against her.she has addmitted to it all and she is going to be going to jail. I talked with the officer on saturday and found out that they will likely be aressted in 1-2 weeks he said the way he was doing it was to allow my ex and her husband time to get things settled with the kids and things. I have been told to get a protective order against my ex until custody is taken care of. so the question is do I have to pay child support while she is in jail and would the protective order do anything with child support. Also she will probably be in jail for some time then she said she would move out of state after she gets out how will that affect custody?

 

[Duranie]

Again you must pay child aupport until a court order says you do not have to.

i would be going to court and filing for emergency custody if I were you. you can also help prevent mom from moving out of state with the kid but you have to file a motion in court.

Who told you to file a protective/restraining order? That has nothing to do with child support. You need to talk to a family law attorney and see about securing custody, then file to stop child support.

 

[seniorjudge]

...Until you have custody on paper you need to pay child support....

Seems like a simple concept to me!