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Questions Answered by Lane Wood
1 Answer | 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,...
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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.

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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 »

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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...
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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...
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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 »

1 Answer | Asked in Family Law and Child Support for Utah on
Q: Can I file for default on an Order to show cause?

I filed an order to show cause for child support that the court ordered,( he hasn't paid in over a year and is a little over 4000 behind he also has a job and it's his 13th or 14th one in the last 3 years because he keeps quitting so hes basically not keeping a job to avoid paying.) I served him... Read more »

Lane Wood
Lane Wood answered on Dec 17, 2019

The answer to your question will depend on which court you are in. Orders to show cause are governed by local rules that differ from one district to the next. Generally speaking if an opposing party does not oppose a motion, the court will grant the relief requested. The process for getting that... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Utah on
Q: I live in Utah, and someone is contacting a local celebrity's wife and impersonating me. What laws are they breaking?

I don't know yet what they are saying—only that they have annoyed the couple and have made me look bad, with representatives of the couple having now contacted me to try to end what is happening. This was last week or so, and it may still be happening today.

Lane Wood
Lane Wood answered on Dec 17, 2019

Without knowing more, this could be a violation of several laws. If you are seeking criminal consequences, you can make a police report and allow the state to determine what charges, if any to bring against the individual impersonating you. You may also consider seeking civil relief that may... Read more »

1 Answer | Asked in Divorce for Utah on
Q: YES I AM GETING DIVORCE HUSBAND KICKED ME OUT AND NO TRYING TO DO A NO FAULT
Lane Wood
Lane Wood answered on Dec 16, 2019

In Utah a divorce can be granted on the grounds or irreconcilable differences (no fault) or various fault based grounds. The statute for the "no fault" divorce is Utah Code section 30-3-1(3)(h).

1 Answer | Asked in Divorce for Utah on
Q: how much does it cost for a trial in a divorce case ?
Lane Wood
Lane Wood answered on Dec 16, 2019

The answer to this question is very fact dependent. The cost of trial will depend largely upon the numbers of exhibits, numbers of witnesses, and issues in your particular case. I recommend talking with attorneys well in advance of trial as you will also need to ensure that pretrial disclosures are... Read more »

1 Answer | Asked in Divorce for Utah on
Q: What exactly are the alimony requirements or laws in salt lake city Utah?
Lane Wood
Lane Wood answered on Dec 16, 2019

Alimony is not a black and white area of the law. Alimony is generally based upon the needs of the receiving spouse and the paying spouse's ability to pay. If you are fighting for or against alimony, I recommend having an attorney on your side.

1 Answer | Asked in Child Support and Social Security for Utah on
Q: In Utah does Social security benefit payments made for your children count toward the child support that you owe?
Lane Wood
Lane Wood answered on Dec 16, 2019

You will want to look at Utah Code section 78B-12-203. Subsection 9(a) provides that "Social security benefits received by a child due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based." If you meet those requirements the benefits... Read more »

1 Answer | Asked in Child Custody and Divorce for Utah on
Q: I just finalize my divorce and my ex has parent time but I have a protected oder against him with no contact at all.
Lane Wood
Lane Wood answered on Dec 16, 2019

You should contact an experienced attorney about this issue. You will want someone to review both the Decree of Divorce and the Protective Order and advise you on how those 2 orders interact. Without seeing both orders, it is impossible to tell you what you can and cannot do moving forward.

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