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Child Custody

Child Custody

Child custody issues resulting from a divorce decree or a custody order are usually civil orders of the court and cannot be enforced by law enforcement officers without specific orders allowing for that. Those further orders will usually be writs of assistance issued by the court. These orders must be executed by the Court Services Division of the Summit County Sheriff’s Office. This is a paid process and can only be done by those officers.

Frequently asked questions are outlined on the State’s web site, including questions regarding child custody and visitations.

The Court Services Division of the Summit County Sheriff’s Office does serve custody orders and agreements and summons for court hearings involving custody disputes.

Custodial Interference 76-5-303, UCA

(1) A person, whether a parent or other, is guilty of custodial interference if, without good cause, the actor takes, entices, conceals, or detains a child under the age of 16 from its parent, guardian, or other lawful custodian:
— (a) knowingly the actor has no legal right to do so;
— (b) with intent to hold the child for a period substantially longer than the parent-time or custody period previously awarded by a court of competent jurisdiction.

(2) A person, whether a parent or other, is guilty of custodial interference if, having actual physical custody of a child under the age of 16 pursuant to a judicial award of any court of competent jurisdiction which grants another person parent-time, visitation, or custody rights, and without good cause the actor conceals or detains the child with intent to deprive the other person of lawful parent-time, visitation, or custody rights.

(3) Custodial interference is a class A misdemeanor unless the child is removed and taken from one state to another, in which case it is a felony of the third degree.

Information

How to Obtain an Order

Divorce

Writ of Assistance