Get free answers to your Family Law legal questions from lawyers in your area.
I have had three children removed by CPS in Utah. My daughter was removed at 6 months due to domestic violence and mental health issues. My son was removed for "sibling at risk" during my girlfriend's pregnancy, and both cases were combined even though the removals occurred at... View More 
I have had sole legal custody of my daughter for the past 5-6 years, with a formal court order. Recently, my daughter's father, who is on felony parole and has a history of abuse, took her from my mother's house without my knowledge and transported her to Idaho Falls. I was not informed... View More
I recently discovered that garnishment papers were served to my 16-year-old daughter regarding a medical bill from a visit my ex-husband took her to. Although I am her legal guardian, I did not sign any medical papers; my ex-husband did. I had no prior knowledge of this debt, and I've never... View More
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answered on Apr 16, 2025
No, it is not legally proper for a law firm to serve garnishment papers to a minor child as a substitute for the intended adult recipient. In Utah, and in most jurisdictions, legal service must be made directly to the person being served or to an appropriate adult at the residence—not to a minor.... View More
I babysit my nephew's 2-year-old son, and someone reported concerns to DCFS. They visited my house, conducted a walk-through, and found no issues. However, they want me to take a drug test. I haven't received any formal paperwork, and I'm not the legal guardian. They didn't say... View More
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answered on Apr 16, 2025
DCFS can request a drug screen, but you don’t have to provide one unless they obtain a court order. Right now the request is voluntary; without written paperwork or a judge’s signature, they lack the power to compel you.
If you decline, the agency could decide your nephew’s parents... View More
I am seeking to terminate the guardianship of a child who is currently in danger due to the actions of the guardian. The guardianship is court-ordered. What legal steps can be taken immediately to ensure the child's safety and begin the process of terminating the guardianship?
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answered on Apr 13, 2025
When a child is in danger due to a guardian's actions, you should take immediate steps to protect them while also initiating the legal process to terminate the guardianship. If there's an emergency situation requiring immediate protection, you can file for temporary emergency... View More
I am 24 years old, living independently, and currently pregnant. My boyfriend, age 25, lives with roommates and has expressed that he cannot support the baby financially. He wants me to terminate the pregnancy, but I want to keep the baby due to my personal beliefs. We haven't involved family... View More
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answered on Apr 13, 2025
In Utah, as the pregnant individual, you have the legal right to make decisions regarding your pregnancy, including the choice to keep the baby. The decision to continue or terminate a pregnancy is ultimately yours to make, and your boyfriend cannot legally force you to terminate the pregnancy.... View More
I currently reside in Massachusetts, and my soon-to-be ex-wife, who lives in Connecticut, is planning a move to Utah with our child, where we intend to have 50/50 custody. We are considering using the Utah child support calculation worksheet, which estimates a payment of $100 per month from her to... View More
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answered on Apr 13, 2025
It’s understandable that you’re concerned about the adequacy of the child support amount in relation to the higher living costs in Salt Lake City. While Utah uses a specific calculation for child support, the estimated payment of $100 per month may not be enough to cover all the living expenses... View More
I currently have standard parent time with my son, whose father has been incarcerated since January 30, 2025, for first-degree felony charges related to enticing a minor and dealing in materials harmful to a minor. My son has expressed a desire to live with me, though he has had issues with his... View More
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answered on Apr 13, 2025
Given that the father is incarcerated and your son has expressed a desire to live with you, you may have a strong case for seeking custody. Since you already have standard parent time, this means the court recognizes your role in your son's life. The fact that the father is incarcerated on... View More
I received an engagement ring as a promise to marry my ex-fiancé, but we broke up after six months without getting legally married or having a wedding. He hasn't asked about the ring but requested other belongings back. I live in Utah, and he lives in California. Do I have to give the... View More
answered on Mar 14, 2025
Given the ring’s status as a symbol of a promise that didn’t pan out, and since he hasn’t brought it up, you’re not obligated to proactively return it. But if he requests it, the default legal stance in both states leans toward giving it back unless you have a solid reason tied to his fault... View More
I have lived in a family-owned condo in Utah for about 7 years, initially placed here by my brother, who covered my living and medical expenses. After his passing, his daughter, who now handles my expenses, told me a few months back that I need to take over the overdue power and gas bills.... View More
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answered on Mar 27, 2025
You're facing a challenging situation that touches on several legal areas including property law, contract law, and possibly elder law.
Based on what you've shared, you likely aren't personally responsible for HOA fines since you aren't the property owner - these... View More
I was raised by my aunt and uncle and they gave me their name but my birth certificate has my birth parents name and it shows my name the same as my birth parents, I need to change it to the name I have always used since birth so I can get a passport
answered on Jan 29, 2025
The Utah Courts have some instructions about how to change your name. You can use those instructions yourself or you can reach out to us and one of our attorneys can help you through that process.... View More
My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More
answered on Dec 19, 2024
The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More
My husband bought our home 2 years before we met. His kids are still listed as his beneficiaries on the house. If he dies before adding me to the title, can they kick me out of my home? We live in Utah and I want to know if I have any rights as his spouse.
answered on Aug 29, 2024
A surviving spouse can have rights under Utah state law, but those rights can also be given away. Prenuptial agreements and estate planning documents can make all the difference. In some cases your rights can give you a portion of the estate no matter what happens.
I encourage you to sit... View More
I get paid two times a month and they force me to give them 160 and I'm 19 and they have been doing it since May last year
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answered on Jul 27, 2024
I'm sorry to hear about your situation. At 19, you are legally an adult, and your earnings are your property. Your parents should not take your money without your consent, and doing so could be considered theft.
You have the right to seek legal advice to understand your options better.... View More
Losing full custody due to a 34(e), dcfs involvement with little to no progress in 2 years time, mentally ill mother (bpd), needing to fight back against childs mother and dcfs maybe find a way to withdraw/change the 34(e) plea.
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answered on Jul 27, 2024
To address a 34(e) plea in juvenile court, you should start by consulting with your attorney about the possibility of withdrawing or amending the plea. It's important to gather all evidence of any abuse or mistreatment and any documentation showing efforts made towards improvement over the... View More
They got the kids back and they've been told by DCFS that they can't take away their kids doors.
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answered on Jun 21, 2024
I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:
Parents generally have the right to control their children's access to technology, including mobile data.... View More
s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More
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answered on Mar 14, 2024
I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:
As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it.... View More
Do you have to go through an adoption agentcy or does she just sign over custody?
answered on Feb 20, 2024
As to your question in general, it comes down to what you want to do.
1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting... View More
My husband will be going out of town for a week and he has his kids every weekend. He will be gone during that visitation. If they don't have the Right of First Refusal in the decree, as their stepmom, can their mom stop them from spending the weekend with me? From what I read, that would... View More
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answered on Jan 18, 2024
In Utah, the Right of First Refusal (ROFR) typically needs to be specified in the custody decree for it to apply. If the custody decree doesn't include a ROFR provision, your husband may have the discretion to choose who takes care of the children during his absence. Without a specific ROFR... View More
A family friend dropped their children off 2 weeks ago and has made minimal effort to pick them up. They have lived with me off and on since birth. They have a stable home but chose not to live there, and continue to drag the kids around from place to place leaving them for extended time periods... View More
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answered on Jan 10, 2024
If you are seeking custody of a child who is a non-family member due to concerns about the parent's addiction, the process in Utah typically involves filing a petition for guardianship or custody with the appropriate court. Given that the children have been living with you and the... View More
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