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Questions Answered by Billie Crocker
1 Answer | Asked in Child Custody for Utah on
Q: I have a custody agreement based off code ann 30-3-37, we now live within 150 miles how does this affect our agreement

We agreed to 30-3-35 in our agreement prior to relocation but that agreement was voided by the last. Does it revert to that schedule?

Billie Crocker
Billie Crocker answered on Feb 7, 2017

I don't know why you think 30-3-35 was "voided" unless you entered into a completely new agreement upon relocation. Ordinarily, your decree still controls parent time but the schedule and transportation costs would revert back to the 30-3-35 if the relocation statute no longer applies.

I...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: The heat in my apartment bldg. has not worked since Oct. 2016, today is 1/21/17, still no heat.

My landlord is refusing to pay my $300 electric bill. Is he obligated to pay, since my oven is my only source of heat? The lease states he will provide heat.

Billie Crocker
Billie Crocker answered on Feb 7, 2017

A Utah landlord is legally required to keep rental premises livable under a legal doctrine called the “implied warranty of habitability.” If they don’t take care of important repairs, such as a broken heater, tenants in Utah may have several options, including the right to “repair and deduct” rent.

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If a holiday weekend falls on the same parent's parent time weekend, but the weekend is longer, which takes precedence?

For example, if a parent's winter break time ends on a Monday at 7pm (per statute), and it's the same weekend of that parent's parent time, except that the parent time weekend ends on Tuesday, can that parent combine the holiday with their weekend, thus returning the child(ren) on Tuesday; or, does... Read more »

Billie Crocker
Billie Crocker answered on Feb 6, 2017

I believe you can return the children in this example on Tuesday.

UCA 30-3-35 says:

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

(d) if a holiday falls on a...
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3 Answers | Asked in Probate for Utah on
Q: In probate do you have to declare a vehicle that was used, totaled, cashed out, and monies disbursed to heirs when debts

are more than assets? Death occured in 2011, not probated to date.

Billie Crocker
Billie Crocker answered on Feb 6, 2017

In most cases, probate must be commenced within three years of the decedent's death. Further, small estates (including those with vehicles) generally do not need to be probated. Was there a will? Are their creditors objecting to the distribution to heirs?

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