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Do you have to go through an adoption agentcy or does she just sign over custody?
answered on Feb 20, 2024
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I want to emphasize that if the child was born outside of Utah, or if the birth mother is not from Utah, in any scenario, please note that such circumstances introduce a complexity that can only be adequately addressed in a consultation with an attorney (and one whose practice... 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
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
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answered on May 15, 2025
You’ve already been through an incredibly difficult experience, and it makes sense to be anxious about what might happen with your new baby. While every state has its own child welfare procedures, most will take a prior termination of parental rights (TPR), especially one involving multiple... 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
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answered on May 15, 2025
You are in an incredibly urgent and frightening situation, and your daughter’s safety comes first. Since you have sole legal custody through a formal court order, her father had no legal right to take her or transport her across state lines without your consent. His actions could qualify as... View More
I am an Arizona resident and need help regaining custody of my 12-year-old daughter who has been living in Utah since 2018. Her father, who had custody in Arizona, abandoned her at a friend's house, and the paternal grandmother took her to Utah without my knowledge, hiding her for a year. The... View More
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answered on May 14, 2025
What you’ve been through is heartbreaking, and it’s clear that you’ve remained strong and focused on your daughter despite all the challenges. With the passing of both her father and the legal guardian, the situation has changed significantly, and you have every right to seek custody now. The... 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
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
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... View More
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... View More
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... View More
answered on Sep 30, 2022
This is not a criminal law question. You need a family law specialist.
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... View More
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... View More
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... View More
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... View More
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.
Before I turned 18 my parents gained full legal guardianship of me as have Autism. They recently divorced around the same time a renewal of the guardianship was due. My father refused to sign it and I just want to know if that revoked all of his legal rights of being my father? My father was very... View More
answered on Sep 30, 2021
First of all, I hope you are now surrounded by people who love and care for you the way your father SHOULD have loved and cared for you.
As to your question, it depends on whether you remain under your mother's guardianship or not. If you ARE, you should encourage your mother to file... View More
Will this affect our custody agreement at all? Is she likely to be changed with anything?
answered on Aug 17, 2021
Law enforcement is highly unlikely to be interested in taking your case to the prosecutor and, even if they did, the prosecutor is even less likely to be willing to press charges.
There is even less likelihood that the Court responsible for your family law matter would consider this grounds... View More
My son is 15, my ex and i split up when he was 7 and he was spending time between the 2 of us, then one day he tells me if i want to see him again, to take him to court. I never did because my family advised against it, so i haven't seen him in years. Now, he got arrested in Utah and my ex... View More
answered on Jul 27, 2021
So many questions. Were you married? Is the ex on the birth certificate? Was there EVER a custody order entered by any court? How long ago was "one day"? Have you remained in communication with your 15 year old? Does he WANT to live with grandma or with you in Utah? Does grandma have a... View More
I've recently ran away from home because my dad has been abusive for years and I have gotten a bunch of support from my friends and my friends got me out of the house. I was in some trouble for another legal thing that I also need answers for. When I ran away I was talking with my local police... View More
answered on Jun 10, 2021
Utah Legal Services may be able to connect you with a local attorney who could help you pro bono (free). The short answer is "yes, you can be emancipated without your parents consent." You will need to show that you can actually support yourself and not rely on the family you are staying... View More
My friend is 19 years old. He recently reported to me that his proctor parents have been opening his mail, and have told him that he has no right to his possessions while under their custody and they can legally do whatever they want with anything of his, including taking away his money earned at... View More
answered on May 21, 2021
It depends. Generally speaking, without any other information regarding your friend's situation. Do the proctor parents have a custody or guardianship order? If they do, they likely have a right to open your friend's mail and may have a right to control his finances. Also, if they... View More
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