Lawyers, Answer Questions  & Get Points Log In
Utah Family Law Questions & Answers
0 Answers | Asked in Family Law, Immigration Law, Child Custody and International Law for Utah on
Q: Is there any agency that offers protection or supervision for visitation of a minor with their father in mexico?

My son's father was deported 8 years ago we have been to visit a few times however 3 years ago I broke things off with him and decided it was best to separate he has not adjusted well and is demanding to see his son however I now feel threatened I don't want to keep his son from him but... Read more »

0 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Utah on
Q: Wife wants to move into her parents and demands that she'll take our son with her whether I like it or not.

We are living independently, closer to her work and close to my family with no financial issues or other considerations for needing to move. However, our marriage has been falling apart.

My wife had abused me, committed false imprisonment and has assaulted me (among other things) whereas,... Read more »

0 Answers | Asked in Divorce and Family Law for Utah on
Q: My soon to be ex didn't file a financial declaration (or anything really) and we are going to trial. Can she still?

My worry isn't so much that she'll be able to file it when we're only 14 days out from the trial but more that she'll get the date set again, I've been trying to get this done for 3 years now and the court gives her all the chances and she drags her feet. We are both going... Read more »

0 Answers | Asked in Divorce and Family Law for Utah on
Q: My NCP & I have Kiddos at schools with two different holiday schedules. How does 30.3.35.5 (section 10) apply to us?

Spring Break for Kiddos #1 and #3 is April 3-7; and Spring Break for Kiddo #2 is March 27-31. NCP was awarded Spring Break, and we aren't sure which days which Kiddos will be with which Parents in light of Section (10) - since there isn't a weekday they all have off at the same time?... Read more »

0 Answers | Asked in Family Law for Utah on
Q: Can a prenuptial agreement in which a spouse waived all rights as a beneficiary be used as a waiver of spousal claim

My father was “helping” a woman become legal by marriage and thought he had protected himself by signing a prenuptial agreement with her in which she waived all rights to anything of his. Now he is dead 6 months later and she is trying to claim almost all of the money from his estate left to... Read more »

1 Answer | Asked in Banking and Family Law for Utah on
Q: Am I legally obligated to close savings accounts in my kids names on my bank account, that my ex has never been on

I opened these accounts for my kids, under my own account, without my ex ever being on said account, she's asking I close these out, give her the money, and give a list of when the accounts were opened, any transactions etc. We've been divorced since July, am I legally obligated to do... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 5, 2023

If the savings accounts were opened solely in your name and your children's names, and your ex-spouse was never a signatory on the account or made any contributions to the account, then she likely does not have any legal right to demand that you close the accounts and provide her with the... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Do we need to make a financial disclosure to get a divorce in Utah? We have no children, no property.

A basic divorce, you go your way and I go mine.

Jeremy R Miller
Jeremy R Miller
answered on Feb 27, 2023

No. You can file a petition, pay the fee, wait 30 days (or apply to waive the waiting period), then file the agreement (called a stipulation) and final documents with the court. This website can help you prepare your documents, or you can hire an attorney to draft them.... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Q: how do i answer a filed answer to my divorce when the judge signed an order to wave classes with no relief until he does

the classes, he will have no relief? my kids are terrified of him, i travel for work and he abandoned my kids with my parents ,cheated 14 times gave me std i was at defsukt and the clerks lost my stuff and got him enough tjme to hire atty hoe do i just motion to ignore amswer based on perjury in... Read more »

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

This is a situation where you definitely need a competent attorney experienced in family law in the county where your case is pending.

A default judgment is usually only available when a party, after being properly served with a lawsuit, fails to file an answer and displays conscious...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Utah on
Q: Ex filed for reduced child support. He was making 88k a year, was fired twice, now makes 44k. Is his potential 88k/yr?

My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... Read more »

Mike Branum
Mike Branum
answered on Jan 26, 2023

You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.

If you have not retained competent...
Read more »

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.

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...
Read more »

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...
Read more »

View More Answers

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...
Read more »

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...
Read more »

View More Answers

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.