Utah Family Law Questions & Answers

Q: Need help understanding Utah Section 30-3-35.

1 Answer | Asked in Divorce and Family Law for Utah on
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.

Q: Can my exwife deny transportation I have set up for my sons to return home?

1 Answer | Asked in Family Law for Utah on
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.

Q: How do I begin to file for a petition of custody for my nieces children?

1 Answer | Asked in Family Law for Utah on
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 practical matter, you should be aware that termination of parental rights is viewed as an extreme measure. Unless both parents of the children are cooperative, you are looking at an uphill battle. The juvenile...

Q: can permanent gaurdianship be appealed in court?

1 Answer | Asked in Family Law for Utah on
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 most practical avenue outside of court would involve you getting on good terms with your mother.

Q: Do I have any rights to stop my husband from asking me to leave the house every time we have an argument?

1 Answer | Asked in Family Law for Utah on
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. Getting him to stop may not be so easy. You may wish to seek out more detailed legal advice or perhaps reach out to organizations that give advice to domestic violence victims.

***This answer is...

Q: Section 30-5 winter break, when do I the custodial parent get my son back? Christmas day?

1 Answer | Asked in Family Law for Utah on
Answered on Dec 2, 2015

1 pm on Christmas day. The rest of the holiday break should be equally divided.

Q: What to do if disagreement between two joint custody parents about whether a child needs to see a doctor for symptoms?

1 Answer | Asked in Family Law for Utah on
Answered on Nov 15, 2015

A judge would most likely order mediation in a case like this.

Q: My ex is moving in with his girlfriend. Can I do anything to stop my children from overnight visits with this new issu?

1 Answer | Asked in Family Law for Utah on
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.

Q: What's going to happen to my son? He is in dcfs custady what will they do

1 Answer | Asked in Family Law for Utah on
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.

Q: Utah standard visitation schedule for holidays includes Veteran's Day. What to do if not recognized by school?

1 Answer | Asked in Family Law for Utah on
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.

Q: Can i sign over custody well in court for custody

1 Answer | Asked in Family Law for Utah on
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.

Q: My wife and I are separated and she is no longer letting me see my daughter what can I do?

1 Answer | Asked in Family Law for Utah on
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.

Q: ORS is making me repay her father for insurance and stopping my childsupport even though I've had insurance on her

1 Answer | Asked in Family Law for Utah on
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.

Q: When did family code Section 3901 become law in the State of California?

1 Answer | Asked in Family Law for Utah on
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.

Q: How do you file for gender change in utah?

1 Answer | Asked in Family Law for Utah on
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.

Q: Hi, I'm 14 how do I remove custody from my mom and give my dad full custody?

1 Answer | Asked in Family Law for Utah on
Answered on Sep 22, 2015

What county are you in? Contact the Guardian Ad Litem's office for your county or contact DCFS for your county and ask to speak to a public Guardian Ad Litem and they will send you in the right direction.

Q: Do i need to provide my 2 sons with their own bedroom for when i have them for 2 nights every other weekend?

1 Answer | Asked in Family Law for Utah on
Answered on Sep 17, 2015

I wouldn't think so, but I'm guessing the custodial parent is demanding it. File a motion with the court that entered the custody order, asking that this specific question be decided.

Q: Can my judge court order me not to see my husband

1 Answer | Asked in Family Law and Military Law for Utah on
Answered on Sep 9, 2015

Short answer is yes. It really depends on the circumstances and what is going on with both parties. A judge may be stating that it is in the best interest of your husband to not have you in his presence due to drug matters. It is really hard to say more without additional facts.

Q: Can you change your child support amount if you have children more often that stated in divorce decree?

1 Answer | Asked in Divorce and Family Law for Utah on
Answered on Sep 7, 2015

It's good to get an attorney on board for a situation like this. If there is a change in circumstance the child support can be changed, but you would need to consult with an attorney to talk about the specific facts of your case and your options. There are a lot of moving parts changing something like this.

Q: In the state of Utah: I have 401K funds and IRA funds from before I was married. Are these all mine?

1 Answer | Asked in Family Law for Utah on
Answered on Sep 7, 2015

If you earn anything before the marriage it is yours. However, if you co-mingle marital funds with pre-marital funds your spouse may have a legal argument to make a claim. It would be good to contact an attorney to help you see the way your account is setup and protect your pre-marital assets.

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers 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 Legal Answers 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.