Father has never been involved at all. He wants to give up his rights to avoid child support. Also stated he does not want to be around his kids in a recording, has made multiple threats and has intimidated me for years. States I would be damaging my kids by forcing him to be around them.
answered on Feb 7, 2022
Mr. Vincent is correct. You should sit down with a family law attorney and provide all the information required to give you competent legal advice. That being said, it is usually difficult to deny all visitation absent clear evidence that visitation will place the child in jeopardy of immediate... View More 
I’m clean over two yrs what can I do
answered on Feb 7, 2022
In addition to what Mr. Noel said:
Stay clean. Do not associate with anyone who is using or committing other crimes. Focus on living your best life. There is little you can do about what your neighbors tell the police.
answered on Feb 4, 2022
I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.
Additionally, it is difficult to overcommunicate where children are concerned. Try... View More
My ex wife passed away and our 10 year old daughter is the beneficiary on her life insurance policy. In order to get a lump sum payment, State Farm Insurance is requiring me to provide a Certified Copy of the Court Order and Letters of Guardianship of the minor’s estate. I shared custody of my... View More
answered on Feb 3, 2022
I believe what you actually need is a conservatorship. You are already the child's guardian by virtue of your status as surviving parent.
Be forewarned: as conservator, you will be responsible to the Court for every cent in your daughter's account. You may only spend funds from... View More
I live in Arizona and my granddaughter was born In Yavapai County and my unmarried son and the mother signed all appropriate forms before leaving the hospital to acknowledge paternity and the birth certificate application. Will he be on my granddaughter’s birth certificate?
answered on Feb 2, 2022
Your son SHOULD be on the birth certificate. To find out for sure, just have him request a copy of the birth certificate (you can request a copy if you want to submit a copy of HIS birth certificate). If he is on the birth certificate, they will send him a copy. If he is NOT on the birth... View More
Civillian did not obey the driving laws and pulled over multiple times. He impeded traffic for about 5 minutes and did not use turn signals. The final time he pulled over and pulled a gun on me when i did not exit my vehicle and I felt threatened. I have footage of the incident.
answered on Jan 31, 2022
You can absolutely sue. Your most likely claim would be intentional infliction of emotional distress. You have a really, really low potential for recovery, however. This is not a case I would personally take on a contingency fee basis (meaning you do not pay your attorney to take the case, the... View More
answered on Jan 25, 2022
In order to establish a child custody, parent time, and child support, you need to file for separation or divorce and request temporary orders. You should act sooner rather than later, the longer you hesitate, the weaker your case will be. You truly need the assistance of a competent family law... View More
If the defendant had their sentence reduced, I was wondering if the imprisonment reinstatement is the remainder of the time they should have served or if the sentence for the PV is entirely separate to be determined by the court.
answered on Jan 21, 2022
The Court can order a parolee returned to custody to finish the underlying sentence from which they were paroled when there is a parole violation. There are defenses to parole violations and the parolee should confer with their counsel to take advantage of any defenses they may be entitled to.
Example: byrna launcher
answered on Jan 20, 2022
If an item is legal for you to have in your possession and you feel that you are in imminent danger of death or serious bodily injury then you may use that item to defend yourself. If you cannot legally possess a handgun, you should not be in possession of an "air gun" either.
If... View More
My fiance and I were in a fight and he changed the locks to the house. I am legally allowed access but can not enter due to the new locks.
answered on Jan 19, 2022
Probably. If you have been residing there he must follow eviction procedures to have you removed; he cannot just change the locks. If you have that address listed as your residence on your government-issued ID, the locksmith will likely open the door for you (less likely if you mention that your... View More
I have a friend that slept with a gal that was 17 almost 18 back in October of 2013. My friend was 25 at the time so he was 8 years older than her. He turned 26 a few months after they hooked up and she turned 18 a few months after as well. It was consensual.
It has been 8 years now.... View More
answered on Jan 18, 2022
The age of consent in Utah is 16, so this is not a statute of limitations issue. If the encounter was consensual when it occurred in 2013 then no crime was committed.
I don't know why they did it... I just went along with it so they would leave, but it's left me feeling weird about everything ... What can I do?
answered on Jan 15, 2022
There are a few scenarios where it might be illegal. If they represented they were some type of law enforcement officer, that would be illegal. If they only said they were with DCFS, that would not qualify. If they told you they were with DCFS to gain access to your home to commit some other crime... View More
I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?
answered on Jan 12, 2022
IF you are able to contact and retain an attorney today who is able to accommodate your appearance tomorrow, it would be better to have your new attorney request a continuance in order to familiarize themselves with your case. Be forewarned, if you request a continuance on your own and then show up... View More
My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... View More
answered on Jan 11, 2022
The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.
The problem will be finding legal representation to assist you with a complicated... View More
Other parent got Custody and is asking for my copies of the sos and birth certificate do I have to give them in Utah not nv
answered on Dec 17, 2021
You should provide copies but I see no reason you should have to surrender your originals. If your ex needs originals, they can request duplicates. The documents themselves belong to you but you should assist your ex where possible. Denying access to copies of the documents is not going to win you... View More
I am a little confused about the Christmas break being a odd number this year. Do I get my kids 12/17/2021 to the 12/25/2021 or 12/26/2021. Because has I read I get them Christmas Eve / day but to my understanding I will only get them half the day Christmas ?
answered on Dec 6, 2021
I am guessing you are referring to the custody schedule as referenced in UCA 30-3-35. If so, my understanding of the Code is that the day does not change, just the time of day custody is exchanged. In years with an odd number of days, the exchange occurs at 1 pm. In years with an even number of... View More
Any advice would be helpful. She has felt this way for years. I believe this is who she/ he is. He does not agree. He will not help her. It has taken a toll on her mentally and physically.
answered on Dec 2, 2021
Not sure if we are discussing an adult child or a child who remains a minor. I am going to answer assuming this is an adult child. The only thing he is required to do for an adult child is to provide her health insurance information until she reaches age 26 (I believe, I am not an expert on health... View More
I bought a vehicle in June 2021, received an open title & written bill of sale, but never registered it in my name. Fast forward to beginning of Nov, my husband asked a family friend to borrow $100 & told them he could pay back $10/day, but warned the payments would be sporadic. The friend... View More
answered on Nov 30, 2021
Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... View More
He has appealed to be released as he now completed his sentencing and is being held solely on the marijuina enhancement conviction which is now expunged due to Prop 207. His appeal was denied ? Is there a similar case law? Do you know what is the process of marijuima being used for enhancement on... View More
answered on Nov 27, 2021
I do not believe there is any case law on this situation yet. Your husband should work with his attorney. When you state that he "appealed to be released" I presume he appealed to the sentencing court. Now that he has been denied by the Superior Court, he will need to file with an... View More
And the matter is closed and judge states it was merit less. Can the falsely accused parent accuse the other parent and ask for more or full custody?
answered on Nov 27, 2021
Can you? More than likely. Should you? Probably not unless you have specific evidence of why the other parent is not a fit parent. Unfortunately, many adults completely lack the ability to co-parent. Hopefully since the other parent's accusations were found to be meritless, the other parent... View More
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