You brother is facing a very serious charge. The charges potentially carry a sentence of 15 years to life. The statute does allow a reduced term in certain circumstances. You absolutely should be looking for legal representation to assist in this type of case.
My husband recently told me he can retire anytime he likes and he is not required to pay me anything except 1/2 of his military retirement and also a portion of his social security. He then informed me that he intends to keep working, perhaps starting his own business or consulting but I would... View More
The answer to your question really depends on the specific facts of your case. By law, the Court can award support up to the length of the marriage. In your case, that is very unlikely. Where he is around retirement age, Alimony can become difficult if someone does retire. However, if he does open...View More
Is there a chance to remove my name from DCFS database, and somewhere down the line to adopt my cousins in case they get put into fostercare? i'm willing to undergo any psychological testing or other proof to show i am not a danger.
My reading of the statute is that being on the child abuse registry alone does not prevent you from adopting a child. I don't know the process, if any, for removing oneself from the child abuse registry, but I have successfully completed an adoption for an individual who was on the registry....View More
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... View More
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...View More
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... View More
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...View More
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...View More
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... View More
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...View More
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 .
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.
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,...View More
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?
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...View More
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...View More
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...View More
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... View More
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...View More
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... View More
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...View More
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.
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...View More
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.
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...View More
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...View More
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...View More
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