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Questions Answered by Clinton R. Brimhall
1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Utah on
Q: How can I care for my sister?

My dad is an over the road driver and my sister wants to live with me rather than stay with his wife. Our parents are divorced and both parents are ok with this but neither live in the state. He is the custodial parent.I also don't have money for a layer due to just having a baby.

Clinton R. Brimhall
Clinton R. Brimhall answered on Aug 26, 2016

With your parents on board with this, I'm not sure I understand the difficulty you are facing.

1 Answer | Asked in Family Law for Utah on
Q: Can my ex tell me who I can use as a daycare provider during my parent time? She was OK with my fiance, but now says no

We have joint legal custody, the decree does not say anything about who can provide daycare. She was OK with him staying with my fiance, but now she wants me to use a daycare provider that charges us money rather than staying with my fiance in our house. She says nothing happened to change her... Read more »

Clinton R. Brimhall
Clinton R. Brimhall answered on Aug 26, 2016

Even though you have joint legal custody, it could be that one of you has final decision-making authority. If she has final authority, you may not have a choice. If you do, it may be up to you. Without seeing your decree or parenting plan, I cannot know for sure. I am guessing she is responsible to... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Utah on
Q: My ex wife is selling the marital home. The buyer is her husband now. Is that legal in the state of Utah.
Clinton R. Brimhall
Clinton R. Brimhall answered on Aug 26, 2016

If she is violating the terms of the divorce decree or mishandling an asset that is held in a trust, that might be problematic. Otherwise, I am doubting that there is a problem.

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If I was served for child custody and I've been full time taking care of my son and they try to serve me what will happe

And I moved to a different state what is going to happen can they get full custody.

Clinton R. Brimhall
Clinton R. Brimhall answered on Aug 26, 2016

Once you've been served, the court case will go on with or without you if the opposing party pursues it. Thus, moving to another state and ignoring the case after you have been served would be a bad idea. Moving to another state stop the opposing party from serving you or asking the court approve... Read more »

1 Answer | Asked in Divorce for Utah on
Q: ors child support has me paying a certain amount can my wife put a higher amout on divorce papers to get more from me

my month income is 2,600 she put that i make 3,300

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

Your question is a bit unclear. You may need to ask the court or ORS to modify child support. It will help if you produce your proofs of income when the court makes its decision.

1 Answer | Asked in Divorce for Utah on
Q: If it's not my dads weekend do I have to go
Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

That is up to your parents. If they don't agree, the controlling court order decides what your parents should be doing.

1 Answer | Asked in Divorce for Utah on
Q: Custody, support, interstate issues with a VERY broad decree.

Divorced in Minnesota, 50/50 physical, joint legal. I moved to Utah. Kids stayed with dad. They are now 8 and 9. My son moved here a year ago and daughter a month ago. They were not stable in Minnesota as their dad is having issues. He agreed to me having them solely but will not pay child support.... Read more »

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

I think Minnesota might retain jurisdiction so long as somebody from the original divorce decree still lives there. In some cases, it may be possible to change that to Utah, but it could become complicated. It sounds like the only way to get him to pay support is to officially change custody and... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Need help understanding Utah Section 30-3-35.

My ex-wife and I have agreed to follow Section 30-3-35 in regards to parent visitation. Now she is throwing a fit because I told her that first part of Christmas break includes all of Christmas Eve and Christmas Day. I have told her that exchange should take place on the day half way through... Read more »

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

It appears that (2)(f)(viii) says 1 PM on the day that is halfway into the break and explicitly contemplates that parent having Christmas Eve and Christmas Day.

1 Answer | Asked in Family Law for Utah on
Q: Can my exwife deny transportation I have set up for my sons to return home?

The person who is picking them up has a valid drivers license and insurance. He is their older step sibling who is coming down to visit us. I am asking for my husband

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

It would depend on what the controlling custody order says about transporting the children. Even if the court order does not allow the ex-wife to be stubborn about who transports the children, if she had valid concerns, you might not get far by raising the issue with the court.

1 Answer | Asked in Family Law for Utah on
Q: How do I begin to file for a petition of custody for my nieces children?

I would like to gain sole custody of my nieces children based on her negligence, filthy living conditions, mental abuse, etc.

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

It sounds like you would need to file a petition alleging abuse and neglect with the juvenile court in the county where the children live. The relevant statutes are found in Title 78A of the Utah Code, Chapters 1, 3, & possibly 5. Seeking a lawyer's assistance would be wise.

As a practical...
Read more »

1 Answer | Asked in Family Law for Utah on
Q: can permanent gaurdianship be appealed in court?

My mom got permanent gaurdianahip of my kids i want them back based on their not bei g enough evidence for the decision and my mom terminated her parental rights on me in 2005 legally she has no legal rights to me or my children..

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

Without more information, it is difficult to give you a good answer. It sounds like a court made a decision back in 2005. You would have needed to appeal that decision soon after, so I am guessing it is too late to appeal. Based on what the relevant court orders say, there may be other avenues. The... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Do I have any rights to stop my husband from asking me to leave the house every time we have an argument?

My name is on the mortage. I work and we have a mutual bank account and both salaries go to pay the mortage. He asks me to pack and leave every time there is a fight. He is doing in front of the kids. How can I stop him from doing this. Is this considered abuse?

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

Absent a court order, you both have equal rights to the house, though if the police are called, the officers may strongly encourage one or the other of you to leave. His actions may be considered abusive/domineering, but you have not explained the situation extensively enough for me to be sure.... Read more »

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