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The info is all in the question the only other info , is that I have 2 kids of my own and she has 1 son, if her ex argued that I was a drug abuser would I even have to take a test if I could prove that I've raised my kids on the time I have with them and my ex have arranged with no problems... View More 
answered on Apr 27, 2016
It is possible. Since you are around the children regularly (as you live with them), your conduct and character is an issue in the custody determination. You should keep yourself out of trouble and then it won't be a problem, even if they do order a drug test (which would be unlikely unless... View More
Me and my ex split but she was pregnant when we got together she wasfour months pregnant when we got together I was there till birth I cut the umbilical cord I was there the two nights we were there I bought the child close bottles formula anything she needed by now that me and my X-Play I... View More
answered on Apr 27, 2016
I'm sorry to hear about your situation. Unfortunately, you don't have a great case to get custody of the child as you don't have any biological connection. You could initiate a contested adoption case, but that would require that your ex's rights to the child be terminated. I... View More
My ex husband and his lawyer left a message on my cell phone today, they didn't hang up and you can here his lawyer state since we can't get her going over the fact your suing her that little message I left should.... My ex asks if he "his lawyer is sure the judge will rule in his... View More
answered on Apr 27, 2016
Short answer, no. You cannot have communications with the judge outside court. Depending on the nature of the voice message, you may be able to submit it as evidence to the Court. However, it may or may not be relevant depending on the issues in your case.
I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to... View More
answered on Nov 2, 2016
This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... View More
2) When stating the alternative tax year exemption for the child involved, what constitutes odd and even years? Does the year you earn the income or the year you file the tax return?
answered on Apr 27, 2016
1) Yes, although the default provision in Utah law provides for the parties to split the cost of insurance.
2) Good question, it is usually the tax year. So, if you are filing your 2015 tax return in 2016, that is an odd year (because it is the 2015 tax return).
My name is on the mortage. I work and we have a mutual bank account and both salaries go to pay the mortage. He asks me to pack and leave every time there is a fight. He is doing in front of the kids. How can I stop him from doing this. Is this considered abuse?
answered on Jan 5, 2016
Absent a court order, you both have equal rights to the house, though if the police are called, the officers may strongly encourage one or the other of you to leave. His actions may be considered abusive/domineering, but you have not explained the situation extensively enough for me to be sure.... View More
My mom got permanent gaurdianahip of my kids i want them back based on their not bei g enough evidence for the decision and my mom terminated her parental rights on me in 2005 legally she has no legal rights to me or my children..
answered on Jan 5, 2016
Without more information, it is difficult to give you a good answer. It sounds like a court made a decision back in 2005. You would have needed to appeal that decision soon after, so I am guessing it is too late to appeal. Based on what the relevant court orders say, there may be other avenues. The... View More
I would like to gain sole custody of my nieces children based on her negligence, filthy living conditions, mental abuse, etc.
answered on Jan 5, 2016
It sounds like you would need to file a petition alleging abuse and neglect with the juvenile court in the county where the children live. The relevant statutes are found in Title 78A of the Utah Code, Chapters 1, 3, & possibly 5. Seeking a lawyer's assistance would be wise.
As a... View More
The person who is picking them up has a valid drivers license and insurance. He is their older step sibling who is coming down to visit us. I am asking for my husband
answered on Jan 5, 2016
It would depend on what the controlling custody order says about transporting the children. Even if the court order does not allow the ex-wife to be stubborn about who transports the children, if she had valid concerns, you might not get far by raising the issue with the court.
My ex-wife and I have agreed to follow Section 30-3-35 in regards to parent visitation. Now she is throwing a fit because I told her that first part of Christmas break includes all of Christmas Eve and Christmas Day. I have told her that exchange should take place on the day half way through... View More
answered on Jan 5, 2016
It appears that (2)(f)(viii) says 1 PM on the day that is halfway into the break and explicitly contemplates that parent having Christmas Eve and Christmas Day.
answered on Dec 2, 2015
1 pm on Christmas day. The rest of the holiday break should be equally divided.
There is nothing in my divorce decree addressing this situation. I didn't even think about this having at the time. My children are 3 and 4 years old and I don't want them in this environment, especially because this relationship has proved to be very volitatile.
answered on Nov 15, 2015
The best thing you can do is modify the petition based on the volatile situation and your fear of the children's safety and best interests.
He ran away this is the second time he has ran while in state custady
answered on Nov 11, 2015
It depends on the specific case and whether or not he has a good home he can go to where he has family.
I believe my son needs to see a doctor but his dad disagrees. He never wants me to take him to the dentist or doctor...not even for pressing matters. What can I do? Our order says we must agree on medical care.
answered on Nov 15, 2015
A judge would most likely order mediation in a case like this.
I need to know if the schedule changes for the holiday or remains the same as the usual schedule when the holiday is not acknowledged by the school. Does the parent whose holiday it is supposed to be still have the child for the holiday?
answered on Nov 5, 2015
Yes, (assuming there is nothing specifically to the contrary in the custody decree) the parent who is to have visitation on that holiday gets visitation whether or not the child goes to school on that day.
answered on Oct 17, 2015
Are you trying to give up your custody as a parent? I'll need a few more details to determine the specifics of your case to answer your case.
My daughter is 8 months old. I am on the birth certificate. We are still legally married we are in the process of getting a divorce. we are not living together. She used to let me see my daughter on my days off work. but she all the sudden stopped because she is paranoid that I'm going to... View More
answered on Oct 12, 2015
Call an attorney and they can help work with you get some temporary court orders that will allow you to see your child while the divorce is pending.
I've had insurance on my daughter since she was born 2007, I just did a revise with ORS for medical. I Was un aware that I needed to call them everytime my insurance has changed. Now they are making me repay her father because of it. For three years and stopping my child support even though I... View More
answered on Oct 6, 2015
It would be good to talk to an attorney to discuss your options. An attorney will be able to walk you through and help you with your options. If you have had insurance the whole time it seems like there is something that you can do.
I have been paying child support since 1997 in California. Child just turned 18. I Called the Child Support Services to figure out when my garnishments would stop and was told not until May of next year, due to the child still being in High School.
My original Child Support garnishment and... View More
answered on Sep 30, 2015
You can file for paternity to say the child isn't yours. If you refuse to stop paying you could be held in contempt and they could garnish your wages if a court thinks otherwise you should keep paying. You would need an attorney licensed in California to help you figure out what you could do.
answered on Sep 25, 2015
That's a loaded question as you want the whole process described. You would need to call an attorney to get a consultation for your options and the procedure.
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