My question involves guardianship in the State of: Utah
Biological mother lived with children in Utah. Biological father lives out of state. Paternity established. Child support always been paid and up to date. Mother had sole physical custody. Shared legal custody between parties. Physical/telephone/text visitation done whenever possible. Mother died in November. Father was in state to see her and kids at the time. Father stayed with children at Maternal Grandparents house for the week and was with children for funeral, etc. Made good faith agreement with grandparents that kids would stay with them for a short time so as not to upset them even more with another big change. Father supposed to pick them up during winter break from school and bring them back home with him. Grandparents filed for emergency guardianship and temporary restraining order Christmas Eve. Father WAS NOT notified of hearing by any parties. Judge granted TRO and guardianship. Grandparents reasons to file were full of lies and falsehoods (one of which that he never had joint legal custody - we have divorce decree). Father immediately filed Objection motion to guardianship through lawyer. Court date is next week. The question is: what could happen at this hearing? Our lawyer hasn't been very forthcoming with information on what to expect, but does have a meeting set up for next week before court. Lawyer claims his due process rights and civil rights have been violated. Father will be at the hearing. Could he actually walk away with the kids?
Biological mother lived with children in Utah. Biological father lives out of state. Paternity established. Child support always been paid and up to date. Mother had sole physical custody. Shared legal custody between parties. Physical/telephone/text visitation done whenever possible. Mother died in November. Father was in state to see her and kids at the time. Father stayed with children at Maternal Grandparents house for the week and was with children for funeral, etc. Made good faith agreement with grandparents that kids would stay with them for a short time so as not to upset them even more with another big change. Father supposed to pick them up during winter break from school and bring them back home with him. Grandparents filed for emergency guardianship and temporary restraining order Christmas Eve. Father WAS NOT notified of hearing by any parties. Judge granted TRO and guardianship. Grandparents reasons to file were full of lies and falsehoods (one of which that he never had joint legal custody - we have divorce decree). Father immediately filed Objection motion to guardianship through lawyer. Court date is next week. The question is: what could happen at this hearing? Our lawyer hasn't been very forthcoming with information on what to expect, but does have a meeting set up for next week before court. Lawyer claims his due process rights and civil rights have been violated. Father will be at the hearing. Could he actually walk away with the kids?
Guardianship: Objecting to a Guardianship Petition Filed by Grandparents
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