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Questions Answered by Brian Craig
1 Answer | Asked in Child Custody for Utah on
Q: Is a paper signed out of court a legal guardianship doc? How do I find my children? Where do I start?

Aprox. 5 years ago my 3 children were taken by their father while I was in jail a couple days due to my children not having a guardian in which I had signed a paper of temporary guardianship to my daughters best friends mother which was in effect the day they were taken. Since they were taken they... Read more »

Brian Craig
Brian Craig answered on Jul 13, 2019

That sounds like a challenging situation. A parent could first report the children missing with the police. If you can afford one, you might consider hiring a private investigator to help locate the temporary guardian and children. Skip tracing services are also available (Google "skip tracing... Read more »

1 Answer | Asked in Domestic Violence for Utah on
Q: Me and my wife just recently split up. She got a protective order against me so I had to leave the house. She then moved

Her new boyfriend into our house. We are joint tenants on the deed/title. I'm the only one on the mortgage. What are my legal options? Can she take any liability for the mortgage or payment? Or should I prove that I am the only one who made payments on the house? And I can prove that she can't... Read more »

Brian Craig
Brian Craig answered on Jul 13, 2019

It is hard to answer your questions without additional facts. If you are still legally married, then the title as joint tenancy will usually remain. In a divorce, the court will typically award allocation of assets and debts, including equity in a house and any outstanding mortgage. The divorce... Read more »

1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Need to find a family law attorney asap to represent myself in divorce invil ing a child born in the marriage not by hus

Husband and I did not live together between 2006 and 2016 never reconciled and he wants custody of second child not his he ordered child support for but he never paid cuz she's not his kid and claimed her on his taxes four yrs in a row and I want this resolved. Custody returned to her natural... Read more »

Brian Craig
Brian Craig answered on Jul 8, 2019

This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.

1 Answer | Asked in Animal / Dog Law for Utah on
Q: Is it illegal to leave a dog in the car if all the windows in the car are down and they are very well taken care of

The was this woman who thinks it’s illegal to leave our dogs in the car when all the windows are down while we were eating she broke into our car

Brian Craig
Brian Craig answered on Jul 8, 2019

The animal cruelty statute in Utah Code Ann. sec. 76-9-301 states that "a person is guilty of cruelty to an animal if the person . . . intentionally, knowingly, recklessly, or with criminal negligence . . . injures an animal [or] abandons an animal." The animal cruelty statute requires abandonment... Read more »

1 Answer | Asked in Animal / Dog Law for Utah on
Q: Could I press charges against somebody who has fed my dogs without permission?

I have a neighbor that has fed my dogs many times and has been caught doing so, and we have approached him multiple times and he denies doing it though we have caught and approached him in the act! He has made both of our dog extremely sick, and almost killed one when she was younger. The first... Read more »

Brian Craig
Brian Craig answered on Jul 5, 2019

A pet owner could file a complaint with the local police department for animal cruelty. Utah Code Ann. sec. 76-9-301 states that "a person is guilty of cruelty to an animal if the person . . . intentionally, knowingly, recklessly, or with criminal negligence . . . injures an animal."... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: Can I get 50/50 custody or any legal rights of my non biological son?

I got with my ex when she was pregnant, found out she cheated on me at least twice since he was born. I left two months before his third birthday in April 2017, had him every other weekend until October 2018 when I offered to pay half his daycare to get 50/50 custody and have had him every other... Read more »

Brian Craig
Brian Craig answered on Jul 5, 2019

A person other than a biological parent, such as a grandparent or a step-parent, may petition the court for custody and visitation of a child in Utah. But there must be special circumstances for the court to award custody and visitation to a person who is not a parent.

Utah Code Ann. sec....
Read more »

1 Answer | Asked in Animal / Dog Law for Utah on
Q: I got a ticket because my dog or supposedly my dog barked at the neighbor at 11 at night can I fight this
Brian Craig
Brian Craig answered on Jul 5, 2019

Noise laws are generally governed by city and county ordinances rather than state law. Under the state statute in Utah Code Ann. § 76-9-102A, a person is guilty of disorderly conduct if the person "makes unreasonable noises in a private place which can be heard in a public place." If the noise... Read more »

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