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Utah Family Law Questions & Answers
1 Answer | Asked in Family Law and Adoption for Utah on
Q: I became pregnant through sexual assault, can I have the fathers parental rights terminated? Where do I terminate?

The assault was in in Kansas, to my knowledge the father is in Montana and I live in alberta. I would like to adobt out to my sister in Utah.

Jason F. Barnes
Jason F. Barnes
answered on Apr 2, 2019

What you are asking is highly complex and the correct answer is fact dependent. Please have your sister contact our office so we can discuss the same. Phone #801-546-3874.

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: Joint custody and child abused in other home... do we have to take her back there?

My husband has joint custody of his daughter. We recently found out that she is being mentally, Physically, and sexually abused in her mothers home. We have already filed a case with child protective services but we fear her mother will retaliate against her if she goes back home. Can we keep her... View More

Mike Branum
Mike Branum
answered on Apr 18, 2019

You would need to file a petition in Juvenile Court. See https://www.utcourts.gov/abuse/child.html for the form or seek advice from a licensed attorney who practices in the Fifth District (Washington and Iron Counties).

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Can I record mine and my step-child's in person conversations?

The childs father and I are trying for full custody, as we believe the child is being neglected, emotionally and physically. I am currently taking pictures of what I can and writing down everything he says it's happening there. He's not getting fed, and he's rarely in clean clothes.... View More

Mike Branum
Mike Branum
answered on Apr 18, 2019

Utah law only requires one party to the conversation be aware a recording is being made, so, yes, you may legally record the conversations with or without his knowledge. As far as helping your case, requesting the appointment of a guardian ad litem would probably be more advantageous than your... View More

1 Answer | Asked in Family Law and Child Support for Utah on
Q: My son is planning on moving out of his mother's house for conflict reasons. Do I have still have to pay child support?

He is 18 and dropped out of high school and is moving out due to conflict with his mom and her husband.

Paul Waldron
Paul Waldron
answered on Feb 21, 2019

Whether you continue to pay or not depends on your court orders. You should immediately get the matter before the Court for an order changing your child support obligation, whether that is paying your son the child support directly (and the mother also paying her obligation directly to your son)... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Q: I have raised my nephew as my son, my sister has been collecting child support for him do i have a right to sue her?

he has been with me since he was 2 1/2 ( all verbal agreement)

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Feb 1, 2019

If you are doing it voluntarily, then no you don't have a right to sue her. She is supposed to be using the funds she is collecting to take care of her son. If she isn't, then the son has a claim or the father has a claim against her. If you are the guardian of the son then you might... View More

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Can my ex take our son out of state if we have joint legal custody / sole physical
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Feb 1, 2019

this is not really my area of law here, so I would encourage you to seek more advice, but to my understanding, if the ex has sole physical custody, then they can decide where to live independent of your preferences. You still have a say in medical decisions and other areas, but they have... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Utah on
Q: I need to get a separation and don’t know where to start? Worried about income differences?

My husband has anger issues, pornographery issues w/cross dressing. Is it possible for me to file for a legal separation and somehow demand that he complete therapy before having overnight visits with our kids? Also, since I make more money, do I have to pay him?

T. J. Jesky
T. J. Jesky
answered on Sep 24, 2018

Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.

A...
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1 Answer | Asked in Family Law and Child Support for Utah on
Q: How do i go about collecting for back child support? He is currently 5 months behind and we both live in Utah
Paul Waldron
Paul Waldron
answered on Jun 11, 2018

The least expensive way is to contact the Utah Office of Recovery Services (ORS) and ask them to collect for you. However, this takes several months. If you are in a hurry and have the means, you can hire a private attorney to enforce the existing child support order, obtain and judgment and... View More

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Does my ex have the right to refuse me taking my kids overnight just because he wants to meet my boyfriend?

My ex says "I'm not having my girls over there (my place) until I meet him and talk to him for 2 minutes." And he also doesn't want me around while he does this.

Paul Waldron
Paul Waldron
answered on Jun 8, 2018

It depends on the terms of the court orders. Generally, the other parent cannot control who the other fparent allows to be around the children. However, if there are no court orders, whoever has the children has custody and you are stuck with what your boyfriend may agree to until you get court... View More

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: When my girlfriend turns 18 and i marry her, can she legally move in with me even if she has some "disabilities"?
Paul Waldron
Paul Waldron
answered on May 31, 2018

It depends on your girlfriend's level of "disabilities" and whether or not someone else has guardianship of her. Otherwise, generally speaking, without any other information regarding your situation, there is nothing stopping your girlfriend from moving in with you when she turns... View More

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: How hard is it to get full custodial/ parental rights for my two kids?

Kids were born between 2004 -2007. The father and I were never married and I've been their only supporter during this time. The father and I separated in 2008 when he moved to Idaho, and I've been supporting them solely ever since. There is a court order for child support which was paid... View More

Paul Waldron
Paul Waldron
answered on Mar 16, 2018

Generally speaking, without any other information regarding your situation, your chances of getting sole custody completed through the court system is 100%, as long as you can get the father served with the court papers. De facto, you have 100% sole custody right now, so it is unclear why you want... View More

1 Answer | Asked in Family Law and Adoption for Utah on
Q: My child’s father is willing to sign his rights over. He is incarcerated what is my next step?

My husband wants to adopt him and has been in his life since he was 5 months old. I just need to know what paper work I need to file for relinquishment of rights

Paul Waldron
Paul Waldron
answered on Jan 31, 2018

Normally the relinquishment of rights is part of the paperwork that goes along with proceeding with an adoption. It is best to consult with and retain the assistance of an attorney that deals with stepparent adoptions to assist you in getting all the necessary paperwork to begin and complete your... View More

0 Answers | Asked in Criminal Law and Family Law for Utah on
Q: I have a family Member who has threatened me with Faking Assault Charges on her, if I don't do the things she asks. HELP

She has done this 3 times to me with the most recent that her boyfriend was going to hospitalize me, under that fake charges that she was gonna claim I had swung first and was self defense. I have witness that saw this conversation. I need to know what I can do Legal to protect myself from her

1 Answer | Asked in Family Law and Probate for Utah on
Q: question on my great grandmother's will.

my great grandmother's will left her house to my grandmother who died before her. My great grandmother's will said "if any of my children should pre decease me then their inheritance shall be had by my children's children" what I would like to know is does this mean that my... View More

William Tyler Melling
William Tyler Melling
answered on Jan 29, 2018

Generally, a Will is only effective for 3 years after death. After that point, a determination of heirs proceeding will be used instead of a probate proceeding. Either way, it appears to be the same distribution in this situation. When someone passes away without a Will in Utah, their estate is... View More

0 Answers | Asked in Family Law, Criminal Law and Domestic Violence for Utah on
Q: Can i sue my dad for punching me in the head for being gay?

I had my eyebrows done my dad saw me and he slapped me in the face and punched me in the head, he then attacked by pushing me on the bed and getting on top of me trying to punch me i managed to not get punched again by kicking him. My mom and sister got him off of me, he then said all gay people... View More

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: My sons dad and I were never married. Do I have to give him visitation if there is no order?
Aric M. Cramer
Aric M. Cramer
answered on Sep 8, 2017

I don't practice Family Law, only Criminal Defense. I am sorry I don't know the answer.

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: So if my step child steals something, what should I do?
Aric M. Cramer
Aric M. Cramer
answered on Aug 27, 2017

Nowhere near enough information to assist you.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Utah on
Q: If no custody order is in place can my ex keep my son from me . can I go get him with a police officer
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2017

This issue needs a local lawyer to assist you. Plus, reading this question, the first thing that comes to an attorney's mind is, "What did you OMIT from this question?"

The fact that she is "keeping" your son from you raises a red flag.

Have you legitimized...
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1 Answer | Asked in Family Law and Civil Rights for Utah on
Q: my brother and my niece mom are not together and I want to see my niece take her out to the movies do I have any rights
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017

Not really. Up to parents.

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: What is the process for a step parent to adopt the child of his/her spouse?

My boyfriend and I are thinking about getting married. He wants to adopt my child, who's 4. I'm not sure of who his biological father is. I registered him as a single mother. Only me is on the birth certificate. How soon after we get married can we start the process and what is the process for that?

Jason F. Barnes
Jason F. Barnes
answered on Aug 8, 2017

To answer your first question, you can start the adoption process now. However, please understand that 78B-6-136.5 states:

(2)(a) If the prospective adoptive parent is the spouse of the pre-existing parent, a final decree of adoption may not be entered until the child has lived in the home...
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