Utah Family Law Questions & Answers

Q: I want to see if I can get extra time with my son. I had to move due to military, and I am in a different state.

1 Answer | Asked in Family Law and Military Law for Utah on
Answered on Feb 20, 2017

You should contact a family law attorney in the jurisdiction that has control over the timesharing agreement to seek a modification based on changed circumstances.
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Q: Child being bullied by non-family adult but no threats of violence.States honor each others Restraining orders?

1 Answer | Asked in Domestic Violence and Family Law for Utah on
Answered on Feb 20, 2017

This may constitute a crime of harassment of a minor, a misdemeanor in CA. See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.6.

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the tournament's administration can be sued potentially for negligence and/or breach of contract. They should be put on notice.

More details are necessary to provide a professional analysis of your issue. The best...
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Q: If a holiday weekend falls on the same parent's parent time weekend, but the weekend is longer, which takes precedence?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Feb 6, 2017

I believe you can return the children in this example on Tuesday.

UCA 30-3-35 says:

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

(d) if a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child's attendance at school for that school day;

(e) (i) if a holiday falls on a weekend or on a Friday or...
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Q: If my daughters dad took my daughter and won't give her back.

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Feb 1, 2017

No. You don't have any court orders yet. You need to get into court asap.
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Q: Does she have legal recourse if I don't pay?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Answered on Feb 1, 2017

The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at this cost as opposed to what you proposed.
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Q: Will my son have to pay back any medicaid/welfare payments owed to Utah if his son is adopted by his stepdad

2 Answers | Asked in Adoption and Family Law for Utah on
Answered on Jan 31, 2017

if your son cannot reasonably afford the support, he should seek a modification of child support (presumably in Utah). Adoption does not normally transfer liability to others, but comingling ownership of assets (this can include tax returns listed as a dependent) can be levied for support payments.
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Q: If you have been charged with a sex crime can you have possession of a firearm?

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for Utah on
Answered on Dec 10, 2016

You have to be convicted of the crime. If you are just charged the judge may enter restrictions on bail but not likely. If you are convicted, most crimes have it to where you can't possess a firearm under federal law.
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Q: Divorced w/ kids in Idaho. Now we all live in Utah. Does Utah claim jurisdiction now? (lived here over 6 months).

1 Answer | Asked in Family Law for Utah on
Answered on Dec 10, 2016

Utah has jurisdiction but you will need to transfer the Idaho decree to Utah.
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Q: What are my options?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Nov 21, 2016

Yes there are a few things you can do. Also, if you were never married would help determine how hard or easy the process will ne.
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Q: Will it be easy to have my husband adopt my kids?

2 Answers | Asked in Adoption and Family Law for Utah on
Answered on Nov 21, 2016

There are a lot of hoops you have to jump through with adoption and need the right paperwork. You first have to terminate the rights of the father and then you have to go through the procedure and requirements necessary to qualify for an adoption.
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Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
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 overcome the mother's right to make that decision while the daughter is with her. You will need the assistance of a good family law attorney.

Q: my trust fund was fraudulently taken from me from my mother when she forged my signature. What to do??

1 Answer | Asked in Estate Planning and Family Law for Utah on
Answered on Nov 2, 2016

I think your best solution would be to report this issue to law enforcement to investigate.
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Q: If a 16 yr old boy had sex with my 13 yr old daughter what type of charges can I press

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Oct 28, 2016

The state can charge criminal charges for the action. You can sue for civil damages and receive compensation for your daughter's pain and suffering.
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Q: I have been the registered owner of a vehicle and paid for all the maintenance and insurance. she bought it who owns it

1 Answer | Asked in Family Law for Utah on
Answered on Oct 28, 2016

Are you married on were never married? I assume you aren't. If you are on the title then you have a legal right to. The question is now what kind of agreement you can come to split the vehicle. What you put into the vehicle are good factors to consider.
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Q: How does splitting a loss on an ATV work with an ex who is not cooperating when we have a signed agreement?

1 Answer | Asked in Contracts and Family Law for Utah on
Answered on Oct 28, 2016

Yes is a small claims matter. Depending on the agreement and the relationship with the loan, it would most likely be enforceable. Probably a good thing you did that since you aren't married.
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Q: How can I care for my sister?

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Utah on
Answered on Aug 26, 2016

With your parents on board with this, I'm not sure I understand the difficulty you are facing.
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Q: Can my ex tell me who I can use as a daycare provider during my parent time? She was OK with my fiance, but now says no

1 Answer | Asked in Family Law for Utah on
Answered on Aug 26, 2016

Even though you have joint legal custody, it could be that one of you has final decision-making authority. If she has final authority, you may not have a choice. If you do, it may be up to you. Without seeing your decree or parenting plan, I cannot know for sure. I am guessing she is responsible to share daycare costs equally. If so, be sure to send her a bill for her share. That may be persuasive.
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Q: My ex wife is selling the marital home. The buyer is her husband now. Is that legal in the state of Utah.

1 Answer | Asked in Family Law and Real Estate Law for Utah on
Answered on Aug 26, 2016

If she is violating the terms of the divorce decree or mishandling an asset that is held in a trust, that might be problematic. Otherwise, I am doubting that there is a problem.
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Q: If I was served for child custody and I've been full time taking care of my son and they try to serve me what will happe

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Aug 26, 2016

Once you've been served, the court case will go on with or without you if the opposing party pursues it. Thus, moving to another state and ignoring the case after you have been served would be a bad idea. Moving to another state stop the opposing party from serving you or asking the court approve an alternate form of service where you are given notice of the proceedings. If you live in another state and are served, it may be worth raising the issue of whether the court actually has...
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Q: My ex is in prison. He is petitioning the courts to require me to take our daughter in to visit him. Can that happen?

1 Answer | Asked in Family Law for Utah on
Answered on May 18, 2016

While every custody case varies and it depends on many factors and evidence presented at a trial, the Court will always decide this type of issue based on the "best interest of the child". You should know that the general default rule in Utah is that every parent should be entitled to some visitation, there are circumstances when a judge will limit or supervise and visitation. Where your daughter has no existing relationship with your ex, it is unlikely that it would be in her best interest...
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