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Utah Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for Utah on
Q: Hi I need to get my child support case modified because california did not consider my 4 children when established

I need help I’m a single mother with 5 children I’m i have a child support case for one child in California I need a modifications on my case

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

0 Answers | Asked in Family Law for Utah on
Q: Can I request that a my ex’s new partner (not married) not attend our children’s parent teacher conferences?

My preference is that non parent participation is agreed upon by both parents…is that legally supported?

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: I have 2 children with a man that I haven't seen in 4 years or heard from in 3 years, can I get his rights taken away?

I have 2 children with a man I was with over 5 years ago (we were never married), since then I have had 2 more kids and gotten married. We have no contact with my 2 oldest children's father and he periodically will pay some child support but still owes us thousands of dollars in back child... Read more »

Mike Branum
Mike Branum
answered on Aug 8, 2022

You could incorporate a petition to terminate the father's rights with a petition to adopt the two children if that is what your husband desires and the children are on board (if they are old enough to have a say). If your husband is not planning to adopt the children, there really is not a... Read more »

1 Answer | Asked in Family Law and Adoption for Utah on
Q: My husband would like to adopt our daughter. Bio has no contact for 3+ yrs and is not on birth certificate. Do I have to

Do I have to contact him in order to go through with the adoption?

Jason F. Barnes
Jason F. Barnes
answered on Jul 8, 2022

Although your question may seem to be an easy one, there are many other questions that need to be asked in order to assess whether or not notice is necessary. If you would like to give us a call, we can certainly talk about the specific details of the case and answer your question. If you are not... Read more »

1 Answer | Asked in Family Law for Utah on
Q: In Utah are you required to turn over financials in a grandparent visitation case?

I don't want opposing side to know I'm almost out of money to keep fighting for visitation.

Paul Waldron
Paul Waldron
answered on May 31, 2022

Short answers, based on the following, applicable rule, are sort of, maybe, and yes, unless you seek a discovery protective order (which will cost even more money and may not be granted).

This is from Rule 26.1, Utah Rules of Civil Procedure...
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3 Answers | Asked in Family Law and Adoption for Utah on
Q: Can I adopt my sisters unborn baby?

My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either.... Read more »

Mike Branum
Mike Branum
answered on Feb 28, 2022

The short answer is "yes." The long answer is "you need an attorney."

Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when...
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1 Answer | Asked in Family Law for Utah on
Q: Custodial weekend but non custodial holiday on Monday. Does non custodial get full weekend ?
Mike Branum
Mike Branum
answered on Feb 18, 2022

Yes, unless otherwise specified in the Decree or Child Custody Order. According to Utah Code Annotated 30-3-35(2)(e)(i) "[i]f a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Utah on
Q: In Utah code 30-3-37 what parent determines summer parent time schedule if parents don't agree. Law that shows this
Mike Branum
Mike Branum
answered on Feb 16, 2022

If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... Read more »

1 Answer | Asked in Tax Law, Divorce and Family Law for Utah on
Q: How should my children be claimed each year on tax forms with my ex.

I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... Read more »

Mike Branum
Mike Branum
answered on Feb 10, 2022

There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... Read more »

1 Answer | Asked in Family Law for Utah on
Q: My ex and I have joint custody of our son. Can I send my son out of state for a weekend without my ex's permission?
Mike Branum
Mike Branum
answered on Feb 4, 2022

I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.

Additionally, it is difficult to overcommunicate where children are concerned. Try...
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3 Answers | Asked in Estate Planning and Family Law for Utah on
Q: How do I get a court order and the letters of guardianship on my child?

My ex wife passed away and our 10 year old daughter is the beneficiary on her life insurance policy. In order to get a lump sum payment, State Farm Insurance is requiring me to provide a Certified Copy of the Court Order and Letters of Guardianship of the minor’s estate. I shared custody of my... Read more »

Mike Branum
Mike Branum
answered on Feb 3, 2022

I believe what you actually need is a conservatorship. You are already the child's guardian by virtue of your status as surviving parent.

Be forewarned: as conservator, you will be responsible to the Court for every cent in your daughter's account. You may only spend funds from...
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1 Answer | Asked in Family Law for Utah on
Q: If my wife up and leaves with our child .What can I do .there is no custody agreement
Mike Branum
Mike Branum
answered on Jan 25, 2022

In order to establish a child custody, parent time, and child support, you need to file for separation or divorce and request temporary orders. You should act sooner rather than later, the longer you hesitate, the weaker your case will be. You truly need the assistance of a competent family law... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Can I, (a legal resident who were locked out of my fiancés house,) hire a locksmith to open my door?

My fiance and I were in a fight and he changed the locks to the house. I am legally allowed access but can not enter due to the new locks.

Mike Branum
Mike Branum
answered on Jan 19, 2022

Probably. If you have been residing there he must follow eviction procedures to have you removed; he cannot just change the locks. If you have that address listed as your residence on your government-issued ID, the locksmith will likely open the door for you (less likely if you mention that your... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Two sister missionaries came to my door pretending to be child protective services, is this illegal?

I don't know why they did it... I just went along with it so they would leave, but it's left me feeling weird about everything ... What can I do?

Mike Branum
Mike Branum
answered on Jan 15, 2022

There are a few scenarios where it might be illegal. If they represented they were some type of law enforcement officer, that would be illegal. If they only said they were with DCFS, that would not qualify. If they told you they were with DCFS to gain access to your home to commit some other crime... Read more »

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: How do you get a custody order reversed that was falsified? What can you do when they intercepted mail and had no idea?

My fathers ex girlfriend while living with him went to the courts and filed for custody of my sister claiming she didn’t know where he was. And would get all the mail and summons to appear and hid it from my dad so they granted her full custody. Jump forward a year and she assaults my dad again... Read more »

Chase Van Oostendorp
PREMIUM
Chase Van Oostendorp
answered on Jan 13, 2022

This is a tricky situation. There are ways to undue orders, especially those that were obtained under false pretenses. Please see Utah R. Civ. P. 60.

This seems to be a complicated issue. I would advise you to talk with a lawyer who is familiar with domestic issues like this.

1 Answer | Asked in Family Law for Utah on
Q: Does an unmarried mother in Utah have sole physical custody? Paternity is established.
Chase Van Oostendorp
PREMIUM
Chase Van Oostendorp
answered on Jan 13, 2022

Very simply, no. Parents are equal under the law, regardless of gender.

However, many other factors must be considered, for example, the court would look at the custody factors found in UCA 30-3-10 to determine a parent-time arrangement as well as physical and legal custody.

I...
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1 Answer | Asked in Family Law and Sexual Harassment for Utah on
Q: A neighbor accused our 12 year old of getting nakid with her either holding her against the wall or laying on top of

her cps was called by the school and we are meeting with a detective tomorrow. Does he need legal counsel?

Chase Van Oostendorp
PREMIUM
Chase Van Oostendorp
answered on Jan 13, 2022

Absolutely. These are very serious allegations that may have serious consequences (expulsion from school, protective orders, etc.)

I highly suggest speaking with an attorney who specializes in juvenile law.

1 Answer | Asked in Family Law for Utah on
Q: Other parent got Custody and is asking for my copies of the sos and birth certificate do I have to give them.. in Utah.

Other parent got Custody and is asking for my copies of the sos and birth certificate do I have to give them in Utah not nv

Mike Branum
Mike Branum
answered on Dec 17, 2021

You should provide copies but I see no reason you should have to surrender your originals. If your ex needs originals, they can request duplicates. The documents themselves belong to you but you should assist your ex where possible. Denying access to copies of the documents is not going to win you... Read more »

1 Answer | Asked in Family Law for Utah on
Q: For Christmas break this year being odd number the noncustodial parent gets the children the 12/17/21 -12/25/21?

I am a little confused about the Christmas break being a odd number this year. Do I get my kids 12/17/2021 to the 12/25/2021 or 12/26/2021. Because has I read I get them Christmas Eve / day but to my understanding I will only get them half the day Christmas ?

Mike Branum
Mike Branum
answered on Dec 6, 2021

I am guessing you are referring to the custody schedule as referenced in UCA 30-3-35. If so, my understanding of the Code is that the day does not change, just the time of day custody is exchanged. In years with an odd number of days, the exchange occurs at 1 pm. In years with an even number of... Read more »

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