Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lane Wood
1 Answer | Asked in Divorce for Utah on
Q: Can a ex spouse get equity on a house that they both owned and have been divorced since 2008.

The divorce decree states that she had 90 days from april 30 2008 to get a appraisal and he has 30 days and neither of them have done this. She she was the equity in the house that wehave been paying for for 12 years.

Lane Wood
Lane Wood answered on Mar 20, 2020

Your question is going to be fact intensive. I don't think I have enough information here to fully answer your question. The terms of your decree will likely govern. However, there may have to be some adjustments based upon a 12 year delay. I would recommend taking a copy of your divorce decree to... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: I was mailed an order from my ex husband that does not have a judge’s stamp or signature. Is this even valid?

This is for an order on order to show cause. My incorrectly spelled maiden name is also on it (and everything was filed with my married name). The certificate of service also does not have an address on it or my ex’s signature. This is in Utah.

Lane Wood
Lane Wood answered on Mar 5, 2020

Generally a court order will have an electronic signature stamp at the top right corner. If you have a question about whether or not it is valid, your best bet would be to call the Court to confirm. You could also do a consultation with an attorney who could check the docket online to give you... Read more »

1 Answer | Asked in Child Custody and Child Support for Utah on
Q: My child’s father hasn’t seen her or paid child support in 2.5 years. We have no custody order. What do I need to do?

I would like to get sole custody and potentially go after child support but am afraid he will try and get custody of my daughter. Will he be able to get rights after not seeing her for 6+ months?

Lane Wood
Lane Wood answered on Mar 2, 2020

The answer to this question is that it depends. Generally speaking, a termination of parental rights is a very difficult task. From your question, it does not appear that you are seeking to terminate parental rights. However, short of a termination of parental rights, a parent will always have some... Read more »

2 Answers | Asked in Domestic Violence for Utah on
Q: What can happen if you were arrested for DV-Assault-Simple and intoxication?

Both parties participated in a physical altercation but only one was arrested.

Lane Wood
Lane Wood answered on Mar 2, 2020

What can happen and what will happen are fact dependent questions. This can depend on what evidence exists, what happened in the physical altercation, who was the aggressor, etc. DV assault is generally charged as a class B misdemeanor. As a Class B, the maximum penalty is 6 months in jail and a... Read more »

View More Answers

3 Answers | Asked in Child Custody and Criminal Law for Utah on
Q: Can I file a protective order for my child?

I just want to know if I am able to file a protective order for my child 15 years old against her cousin over 30 years old? He was sending my daughter naked pictures of himself saying it was an accident but also saying he’s ok if he does it accidentally and if she felt like she wanted to send him... Read more »

Lane Wood
Lane Wood answered on Feb 29, 2020

A child protective order requires that a child is being physically or sexually abused or is in imminent danger of being abused. I believe that the conduct you describe meets the statutory requirements for a child protective order or for a stalking injunction if it occurred multiple times. You have... Read more »

View More Answers

3 Answers | Asked in Criminal Law for Utah on
Q: I am going to court for a misdemeanor b and I am not sure what to binge with me
Lane Wood
Lane Wood answered on Feb 28, 2020

Based upon the information provided, I assume that you are going to Court for an arraignment at this point. It is always advisable to bring an attorney with you to Court. If you cannot do so, be prepared to enter a not guilty plea and then seek out an attorney.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My mom filed for custidy of my kids

She never told me & I was in a treatment center while i was in there she took my mail which had the letter from the court so I missed the court date & now I need to know what to do to get my kids back

Lane Wood
Lane Wood answered on Feb 18, 2020

You will want to get in touch with an attorney sooner rather than later. The answer to this question could vary greatly depending on what exactly happened to get custody of your kids. You will want to meet with an attorney who can look up the case to determine what was filed - guardianship, custody... Read more »

3 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Utah on
Q: Can my ex's sister, temporary guardian of our 16 month old daughter, legally restrict my visitation?

She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the... Read more »

Lane Wood
Lane Wood answered on Feb 16, 2020

I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.

Generally speaking,...
Read more »

View More Answers

1 Answer | Asked in Child Support for Utah on
Q: I want to stop receiving child support through the agency and get it straight from the other parent. Can this be done

Decree states modification can be made if both parents agree. Do we have to go back to court

Lane Wood
Lane Wood answered on Feb 3, 2020

If you both agree to stop using ORS to collect child support, this should not be a problem provided that neither of you are using any public assistance for the children. Generally, the parent receiving support can request that ORS close the case. However, if you children are receiving public... Read more »

1 Answer | Asked in Family Law for Utah on
Q: A non court ordered agreement of $900 a month for two kids. How do I go about changing that if she is not willing to

We have a non court order agreement of $900 a month for me the father to pay. Now the kids are old enough to stay home alone so they don't go to day care anymore and she makes about $700 more a month then I do. How should I go about changing that if she is not willing to and I think it is to much... Read more »

Lane Wood
Lane Wood answered on Jan 29, 2020

Generally in a court order, child support and child care costs are 2 different things. Typically the court will order a monthly support amount and also include an order that you split all work related child care costs. It sounds like you agreed to a different arrangement where you made a monthly... Read more »

1 Answer | Asked in Child Custody for Utah on
Q: My ex has full physical but we share legal custody, does she have to tell me where my child is?

My ex has full physical custody but we share legal custody. My daughter has been living with her grandparents for the past 3 years. About a month ago my ex and the grandparents stopped communication with me. Is this legal?

Lane Wood
Lane Wood answered on Jan 25, 2020

This is likely a violation of one or more provisions of the court order. You should consider filing an order to show cause to enforce the order. You may also want to seek a modification of the order.

2 Answers | Asked in Criminal Law for Utah on
Q: My best friend is about to have a baby and the babies father got arrested last night. Is there any way he can be release

For the birth of his child

Lane Wood
Lane Wood answered on Jan 16, 2020

This is a difficult question to answer without further information. Without any details, I would assume that the father would have the opportunity to post bail to get out of jail.

I would recommend consulting with an attorney to address the situation further.

View More Answers

1 Answer | Asked in Traffic Tickets for Utah on
Q: I received a ticket from an officer code 41-6a-601on my ticket. Said I was speeding 52 mph in a 25 mph.

I received a ticket from an officer code 41-6a-601on my ticket. Said I was speeding 52 mph in a 25 mph. On the ticket it also shows He charged me at 32mph over. I called the Court and they said I have a mandatory appearance. I asked why. I was told because I’m being charged with reckless... Read more »

Lane Wood
Lane Wood answered on Jan 15, 2020

Generally speaking the Court will set a mandatory appearance for anything 31 mph over the speed limit. While the charges in court generally match a citation, it is not impossible to add other charges. I would recommend contacting a local attorney to help address this issue. They should be able to... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Utah on
Q: If a guy is 19 years old and dating a 17 year old can parent call cops and get guy in jail or anything

19 year old guy dating 17 year old girl, and hasn’t committed sexual intercourse can parent get cops involved and have 19 year old arrested and charged

Lane Wood
Lane Wood answered on Jan 15, 2020

Having dealt with similar cases before, I know that these situations can be difficult. I don't know if the 19 year old guy is doing anything particularly bad or if you simply don't want him around your daughter. Unfortunately, with the information provided, I do not believe that the situation you... Read more »

View More Answers

1 Answer | Asked in Child Support, Family Law, Libel & Slander and Personal Injury for Utah on
Q: What can i do if my custody case has other proceedings and or personal attacks against me from those who r on my ex side

my ex filed for full custody after i filed for support. well after out temporary orders hearing my ex and his attorney had requested things they know i cant do so there for my parent time has been taken from me even though i begged them to make it to where i can do them but they would not. My ex... Read more »

Lane Wood
Lane Wood answered on Jan 13, 2020

First and foremost, it sounds like you should consider hiring an attorney. It sounds like your ex and his attorney are taking a very aggressive approach in the custody litigation. Their approach seems to be working to keep you from the kids. I suggest finding an attorney who can help level the... Read more »

1 Answer | Asked in Federal Crimes and Sexual Harassment for Utah on
Q: Can I put a restraining order on someone who sexually harrassed my wife?

There is this co worker at her job who called her in a secluded room and try to unbutton her pants twice with out my wife's consent, to the point where my wife had to lie about being on her period. Two separate times.

Lane Wood
Lane Wood answered on Jan 4, 2020

I’m sorry to hear about what you and your wife are going through. I would recommend calling the police first. If the co-Worker is charged with a crime, the police can also implement a no contact order.

Additionally, your wife may have civil remedies available to her. She likely qualifies...
Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Utah on
Q: Order to show cause?

I filed an order to show cause over a month ago and he never filed an answer. He does have an attorney and has since thw beginning. My court hearing is in 8 days and he just barely sent me a response today. In was just wondering if he's allowed to do that? Because in was told I had to file a... Read more »

Lane Wood
Lane Wood answered on Jan 3, 2020

I think that you may be confusing the time to respond to a Petition (likely for custody or divorce) and the time to respond to an order to show cause. The 21 days to respond applies to a Petition or complaint that is served upon you. On the other hand, an Order to Show cause has different... Read more »

1 Answer | Asked in Divorce for Utah on
Q: Hello, Can I get a clarification or what 30-3-35 (2) (E) (I) means exactly?

I am the noncustodial parent. Im wondering if this applies to the current school vacation my daughter is on for Christmas and new years. My daughter's last day of school before the vaca was Dec 20th and she goes back to school on Jan 6th. That's a total of 17 days. I'm not understanding the "If the... Read more »

Lane Wood
Lane Wood answered on Dec 27, 2019

The holiday schedule for Christmas and that statute will not overlap. The Christmas parent-time schedule includes the entire time the kids are off school. The statute you cite would apply to days without school that fall outside the designated holiday parent-time but are connected to it.... Read more »

3 Answers | Asked in Family Law for Utah on
Q: If i file for visitation, do my children get a say in the matter?

I lost custody due to a very short-lived drug issue. I have been clean for over 3 years and completed all the requirements from the court. My ex husband wouldnt even let me talk to my kids until early this year. I got him to agree to let me see them every other weekend while he supervised. I want... Read more »

Lane Wood
Lane Wood answered on Dec 26, 2019

By statute, your children’s preferences are one of several factors that the court may consider. Once a child is 14, the court is required to give added weight to that child’s preference. That does not mean that the court will just do what the child wants.

The legislature has set forth...
Read more »

View More Answers

1 Answer | Asked in Child Custody for Utah on
Q: My son is not on the birth certificate, and wants to get custody , what is the 1st things he should do?

His daughter is 4 and he is not on the birth certificate since he was not there at the time of birth.

She is currently with her mothers mother, with temporary custody.

My son wishes to gain custody of her and wants to know what is the 1st things he should do to get this started,... Read more »

Lane Wood
Lane Wood answered on Dec 19, 2019

Custody cases can be very complex. What to do often depends on the specific facts of the case. A paternity test may or may not be required. You indicated that the mother's mother has temporary custody in place. If that is a court order, you son may already have had his rights adjudicated, at least... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.