Biased Family Law - Help me fight for my Children

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Biased Family Law - Help me fight for my Children

I love my kids very much but I must be honest with you…I have thought about it. The truth is that the inequity of the laws in Utah on non-biological parents has left me exhausted and almost hopeless. I have thought about giving in, letting their biological mom have them, and leaving the stress and financial strain of it all behind. It makes me feel like a horrible person just for thinking about it because that isn’t who I am.  I have hope. I love my kids, I love my family, I am here to support, protect, and fight for them. 

Fighting for Sophie and Andrew is exactly what I intend to do but I need your help.



My name is Jennifer Aubert. I am also known as Mama to Sophie and Andrew, who are two awesome kids that I raised with their mom (my ex-wife Natalie). Natalie and I were together for 12 years and had a registered domestic partnership. Sophie was born in 2007, and we made the decision that I would become a stay at home mom until Sophie started school. Andrew came along in 2009. Unfortunately, Natalie and I separated in 2014. At that time we all still lived in California which recognized my parental rights as a non-biological mom, and I was still able to have our kids in my life. In California registered domestic partnerships allow for non-biological parents to be listed as full legal parents on the birth certificate of any child born into the relationship affording the same rights as a biological parent in the event of a divorce or child custody dispute. 



So why are you here reading about my story?

In 2017 life got a little harder when Sophie and Andrew’s biological mom and new dad moved to Utah to be closer to family and have better employment opportunities. This was not great news but the California laws helped again by changing our custody order to allow Sophie and Andrew to spend time with their California family for longer periods during school breaks and summer vacation.

I have come to learn that there are things I should have considered when the kids moved. Utah has consistently been behind the times in regard to LGBTQ rights in all aspects, including family matters. Utah remains one of the most conservative states in our nation and does not have specific laws or wording in place to protect non-biological parents’ rights. 



Should this be allowed to happen?

Since moving to Utah in 2017 Sophie and Andrew’s biological mom has filed numerous court documents attempting to remove some or all of my parental rights, even going so far as to have her new spouse attempt to adopt my kids.

May 28, 2020 was the day that finally broke me. It was the turning point when I realized I needed help. I texted with my daughter Sophie about the upcoming summer break and plans that she had made with her friends in California. I checked my email and there was an email from an attorney in Utah with notice that I was served with a temporary restraining order and could not pick Sophie and Andrew up for their summer visitation. Reading through the allegations in that order I could not believe that the person I spent 12 years with could say those things. After a slight breakdown and some tears on the phone with family members I decided that I could not do this on my own and needed the help of an attorney. I had previously tried to find a low-cost attorney through the state bar in Utah but was met with concern and disapproval due to my LGBTQ status and the fact that I was an out of state non-biological mom. One of the attorneys I spoke with apologized for not being able to help and recommended an LGBTQ firm that was not in the low-cost program but would be much more equipped to help in my situation. I am thankful to have found someone that understands my situation and did not turn me away just because I am not a biological parent.



California vs Utah

In California when a motion is filed to change custody orders the parents must attend a counseling appointment with a court provided mediator before going before a judge for a trial. Every case is automatically assigned to a trial with a judge.

When a motion is filed in Utah the parents must file all documents and responses with the court before finding a mediation service and financing that service on their own in an attempt to settle any modifications requested by either party. Most cases do not go to trial as the cost of going to trial start to finish can be well over $40,000. 

I have exhausted all of my resources trying to fight for my parental rights, filing court paperwork multiple times per year, court and lawyer fees not only financially burdened my family but also amounted to significant emotional distress because Natalie is constantly trying to remove parental visitation, blocking contact and continuing to chip away at the established relationship between me and Sophie and Andrew. Natalie has refused to allow court ordered visitation on more than one occasion that has required me to obtain intervention by police officers.

I love my kids, I love my family, I am here to support, protect, and fight for them period.



Any funds received from this GoFundMe campaign will be used to directly fund my fight to retain parental rights including court fees, attorneys’ costs, and travel costs to Utah for court appearances. 

Please help me bring Sophie and Andrew home to California for the Summer. They mean the world to their family here in California.

I know that this is a tough time for everyone. Anything you can give will help and if you are not in a situation to give please share our story with your friends and family members. Unfortunately due to the time sensitive nature of my case I need help as soon as possible. I am forever grateful to you for reading my story.

 Everyone can make a difference.


Co-organizers2

Jennifer M. Aubert
Organizer
Rowland Heights, CA
Cassandra Aubert
Co-organizer
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