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Questions Answered by Lane Wood
1 Answer | Asked in Child Custody for Utah on
Q: Do Custodial Parents receive birthday time with their child?

I have full custody of my 3 children. My ex-wife has Columbus Day (Monday) for her holiday, which as I understand will be from Friday 9am until Monday at 7pm. My daughter's birthday is Sunday and my ex-wife has birthdays ON their birthday this year. I have usually had birthday time either the... Read more »

Lane Wood
Lane Wood answered on Oct 8, 2020

This will depend on your court order and your parent-time schedule. Without reviewing your order, it is impossible to tell you whether you have birthday time or not. The statutes for parent-time when you live within 150 miles include holiday time for birthdays. The statutory schedule for when you... Read more »

2 Answers | Asked in Child Custody and Family Law for Utah on
Q: I have been divorced for 2 years. From before the divorce was final, ex-husband would pick up and drop off our child.

He has missed a lot of visits saying that I am refusing to let our child go (which is untrue), he just never contacts me and/or picks him up. He is now engaged and has started saying I need to meet him in the middle. When we did our divorce papers, he would not agree on a meeting provision, so it... Read more »

Lane Wood
Lane Wood answered on Oct 8, 2020

The answer to this question could depend on a few factors, including how far apart you live, who was the relocating parent (if applicable), your parent-time schedule, your parenting plan, etc. I think that the default position if you live in the same town is to share transportation. However, you... Read more »

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1 Answer | Asked in Child Custody and Health Care Law for Utah on
Q: Does my step daughter have to change her name to receive health insurance benefits?
Lane Wood
Lane Wood answered on Oct 2, 2020

This sounds highly suspect. Husbands and wives with different last names can share an insurance policy. Parents often insure step children with different last names. Parents can insure their children who change their last name in marriage (assuming the other requirements are met). I know these do... Read more »

2 Answers | Asked in Family Law for Utah on
Q: How can I take an Emergency Order for Child Pick up from UT Court and have it enforced in MN? he took kids against order

My name is Jessica. We have been in divorce process for over a year. The temp order on 9/3/19 gave us joint custody as we sought fit. He moved back to MN 11/2019 after the order was placed . He came to visit our kids a couple times then we had a status hearing due to me in fear of him taking the... Read more »

Lane Wood
Lane Wood answered on Oct 2, 2020

I'm sorry that you are going through this. The process can be a tricky process. If Utah is the Court with jurisdiction, you can request a "pick up order" in Utah. This order should allow the police to help you regain custody of your children. Once you have the Utah Order, you would... Read more »

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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: Is there public record of Family Trusts?If so where would such documents be located?

THE MURPHY FAMILY TRUST

Lane Wood
Lane Wood answered on Aug 29, 2020

There is no public database where trusts are recorded. Trusts are generally kept private. If you know who prepared the trust, you may want to call them as they may still have a copy of it.

1 Answer | Asked in Child Support for Utah on
Q: How do I access court records which state that I gave up my parental rights in St.George, Ut, in 2008?

After giving up my parental rights in court , in 2008, at St. George, Ut, I was later told to pay child support ,in 2019, in Las Vegas, Nv , where I currently live. Utah court denies that I gave up my rights , though. How do I get records about this - as it did happen and I need proof ? Thank you .

Lane Wood
Lane Wood answered on Aug 23, 2020

In Utah if you relinquish your rights, the court has to accept that relinquishment. This can be done in either the juvenile court or the district court depending on the exact circumstances. If it happened in the juvenile court the records can be tracked down but it is a little harder.

You...
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1 Answer | Asked in Divorce for Utah on
Q: I am seeking a divorce. My "husband" owes me $1000.00, my name is on his car title and I need to get off his title

He is upside down on the car and has ruined my credit due to his late payments. In spite of that, he recently bought himself a new truck. What can I do to get my name off of the car?

Lane Wood
Lane Wood answered on Aug 21, 2020

With there being a loan on the vehicle, the only way that you can remove your name is through a refinance. Within the divorce decree, you will want to make sure that he is required to refinance the car to remove you from it.

Having said that, if you are going through a contentious divorce,...
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1 Answer | Asked in Divorce and Animal / Dog Law for Utah on
Q: What is needed to prove ownership of a dog in Utah?

I am going through a break up. We bought a dog together. Luna is licensed under my name in the state of Utah, and all Of her vet/medical/microchip stuff is all under my name as well. Does this make her legally my dog? Or is there more to it than that?

I want to add that we purchased the... Read more »

Lane Wood
Lane Wood answered on Aug 19, 2020

Since you posted this question in the divorce section, I am going to assume that you are married and going through a divorce. If that assumption is incorrect, the answer may be different. In Utah, dogs are considered personal property under the law. The presumption is that all property (including... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Mysiswasgiven guardianshipinMt.nowshe has told me to file a change of custodywith courtshereinUt. Isthis possible?

I did not loose my Parental rights & they are telling her this is what I'm to do now to get my kids back is this right? What do I file?

Lane Wood
Lane Wood answered on Jul 29, 2020

The answer to your question will require more facts to answer specifically. I suggest that you consult with an attorney on this issue. Here is some general information that may be helpful:

1. Generally speaking jurisdiction over minor children falls under the UCCJEA. The UCCJEA generally...
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3 Answers | Asked in Family Law for Georgia on
Q: My son lives in Utah and has a Final Visitation Order in place from GA. It states his daughter can travel to UT from GA

when she turns age 6, which will be this July. Mother is denying travel/visitation to UT due to Coronavirus. Can she do this?

Lane Wood
Lane Wood answered on Jul 3, 2020

Unfortunately, your question can't be answered with a simple yes or no. Since the Order is in place in GA and it sounds like the child and her mom remain in GA, the answer to this may depend on how GA is treating such arrangements during COVID. You may want to ask this same question in the GA... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: What can be done failure to be served rule 109 with parentage petition, as well as ex statement of good joint cust pet?

Daughters dad has had no contact, but after several attempts to reduce child support, has now filed a joint custody petition, and served it on me.

First, he did not serve me rule 109, which was granted. Second, he did not include his statement of goodwill as required, with his petition... Read more »

Lane Wood
Lane Wood answered on Apr 28, 2020

I'm sorry that you are going through a custody fight. Custody battles are often hard fought and emotional. I will do my best to answer your questions, but I would also recommend that you seriously consider hiring an attorney to represent you. Custody determinations can have lasting effects on... Read more »

1 Answer | Asked in Child Custody for Utah on
Q: My parents kicked me out but kept my child. I want to go get her now but they won’t let me.

My husband and I had moved into my parents back in August of last year from St George so he could finish school at Weber. My parents made us sign a contract in order to move in- no drinking no smoking no cussing. And we werent paying rent . In December my husband left me so I was living with my... Read more »

Lane Wood
Lane Wood answered on Apr 23, 2020

I am sorry to hear that you are going through this process. You may want to consider calling the police. Unless they have established guardianship over your daughter, they have no legal rights to keep her from you. If that is not successful, consider doing a consultation with an attorney who can... Read more »

1 Answer | Asked in Family Law for Utah on
Q: I was not married, but we filed the Voluntary Dec. of Paternity. Do I have any visitation rights, before I go to court?

As I understand it, (but could be wrong), in Utah, a father in divorce proceedings has automatic, and enforceable (though minimal) visitation rights, without having to go to court and ask for them, based on the idea that marriage is cause to assume paternity. If he wants more than the minimum, he... Read more »

Lane Wood
Lane Wood answered on Apr 10, 2020

The answer to your question is a little more complicated than a simple yes or no. Do you have parental rights before going to court? Yes, you absolutely do based upon the voluntary declaration of paternity. Does that mean you have visitation (Utah calls this parent-time) rights? Yes and no. You... Read more »

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... 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 »

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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 »

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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.

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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 »

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