If you are the parent of a child in Utah and your child becomes the subject of a legal dispute, you may find yourself needing to file a motion for joinder. This type of motion is necessary when you are not included in a certain legal action but your rights of custody etc. may be impacted and you need to be a part of the legal proceedings. For instance, lets say you are divorced and your ex spouse has a child protective order filed against them by a third party. You may need to intervene and make sure you are joined as a petitioner in the action so that your rights of custody with your kids are not impacted. We have seen extreme cases where third parties are given custody of children who are not their own through protective orders until a parent is joined.
Rule 19 of the Utah Rules of Civil Procedure
Joinder in Utah is governed by Rule 19 of the Utah Rules of Civil Procedure. Generally, speaking as a parent, your interests are always at stake whenever a child is involved in litigation relating to custody or related matters. As such, you almost always should be joined in such actions. However, the party who files the action may not serve all interested parties with notice despite their obligation to do so. As such, you should never rely on other parties and should speak with a Utah Divorce Lawyer about a motion for joinder on your behalf. While the Utah Courts website offers many good legal forms for basic matters, to our knowledge, there are no good forms available there for joinder. As such, you really should speak with a family law attorney in Salt Lake City prior to taking any action on your own to be sure your motion is proper.
Joined in the Action, Now What?
Once you are joined in the action you may not be done. Joinder is usually the first step but you may need to file other motions or claims in order to really advance your position in the litigation. For instance, lets say you are joined to a child protective order case but still need to get custody of your kids in the matter, you may need to file a temporary restraining order and ask for an injunction or at a minimum appear at the hearing to argue for custody. Legal guidance is extremely important, this cannot be stressed enough. We can help you be joined to a legal action and can advance your interests in the case once involved. To get a detailed analysis of the specific facts involved in your matter, contact Salcido Law Firm asap.