Utah Family Law Questions & Answers

Q: Can i sue my dad for punching me in the head for being gay?

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for Utah on
Answered on Sep 29, 2017

Get your local community assistance first than sue father!!! willhelp
View Details »

Q: My sons dad and I were never married. Do I have to give him visitation if there is no order?

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Sep 8, 2017

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

Q: So if my step child steals something, what should I do?

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Aug 27, 2017

Nowhere near enough information to assist you.
View Details »

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

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Utah on
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 the child?

Have you been arrested or convicted of crimes?

Who do you live with?

Where do you live, as in a safe place?

Are you addicted to alcohol or drugs?

Quit looking online for...
View Details »

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

1 Answer | Asked in Family Law and Civil Rights for Utah on
Answered on Aug 15, 2017

Not really. Up to parents.
View Details »

Q: What is the process for a step parent to adopt the child of his/her spouse?

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
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 of that prospective adoptive parent for one year, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.

(b) The court...
View Details »

Q: Can I sue the mistress who lives in Utah for "alienation of affection"?

1 Answer | Asked in Family Law for Utah on
Answered on Jul 17, 2017

No. You might consider contacting a UT attorney. You should also post this question in the civil or torts law section, as it is not really a "family law" question.
View Details »

Q: What is the criminal code for paternity fraud?

1 Answer | Asked in Family Law, Federal Crimes and Criminal Law for Utah on
Answered on Jul 12, 2017

Sounds like a forgery.
View Details »

Q: Which of the following am I entitled to if I file for divorce?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Answered on Jul 10, 2017

You should have a good strategy for your divorce case. Finding the right lawyer for that can be daunting. Most lawyers will allow you to have a free consultation to determine whether they would be a good fit for your case. Feel free to reach out to a lawyer's office to see if they offer a free consultation.
View Details »

Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

1 Answer | Asked in Family Law and Elder Law for Utah on
Answered on Jun 27, 2017

First, you need to determine why it has your name on it. If you are a joint owner of the account then, no it is not the sole property of your uncles. If you are merely a payable on death beneficiary or hold a power of attorney, then it is your Uncle's sole property and the money should be used for your uncle's benefit.

I hope this helps.
View Details »

Q: My mother died 7 years ago my sister has been living in the home now the remaining sisters want to sell how do I remove

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Utah on
Answered on Jun 27, 2017

Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the authority to evict her. If there has already been a probate opened, then the personal representative/executor has the authority to evict her, by the normal means.

I hope this helps.

Wes
View Details »

Q: Would it be legal for my girlfriend to live with me once we are 18 if I can provide for her?

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for Utah on
Answered on Jun 5, 2017

If you are both consenting adults (18+), you may co-habitate, so long as there is not an Order from a Court preventing you from doing so (i.e. Protective Order, etc.)
View Details »

Q: My ex owes me over $99,000 in back child support. He lives in Utah and inherited a lot of money. California won't help.

1 Answer | Asked in Divorce, Family Law and Child Support for Utah on
Answered on May 23, 2017

If you have a judgment for the child support in California, you can enforce it in Utah. You will need a Utah attorney to help you collect that debt.
View Details »

Q: Can discrediting evidence be presented in court after the court has acknowledged that a defendants attny didn't show up

1 Answer | Asked in Family Law and Civil Rights for Utah on
Answered on May 1, 2017

Might need more details to this. The question is, if the attorney didn't show up, then who is presenting the evidence?
View Details »

Q: What can a parent do to defend themself against a violent teen in Utah?

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Answered on Mar 5, 2017

You need to consult with an experienced juvenile court lawyer. If DCFS opens a court case, you may be able to seek the appointment of a public parental defender.

Q: i have a son who is now 18 but failing to do chores, get a job or pay anything for room or board. Can I kick him out?

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Utah on
Answered on Mar 5, 2017

Yes! However, if there is a court order of custody until he has graduated from high school or supposed to graduate from his regularly-matriculated class, there may be some kind of child support issue. Also, if there is some kind of guardianship order of your son, that would need to be considered first as well.

Q: How good of a chance did i have of terminating my ex wifes parental rights?

1 Answer | Asked in Family Law for Utah on
Answered on Mar 5, 2017

You state in your question that you have paid a lawyer to terminate your ex-wife's parental rights, which I assume is in the context of your current wife seeking to adopt your child. You must consult with you existing attorney, or specifically consult another attorney for a second opinion after reviewing all the facts of your situation.
View Details »

Q: im 17 and live with mom i want to live with dad can i move out and live with him.

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Mar 5, 2017

You had better talk to a lawyer. We cannot answer this question in this forum, as it is too specific, cannot be generalized and should be subject to the attorney-client privilege.
View Details »

Q: I have a niece in Utah who is 17 she is getting ready to graduate, she wants to move with her dad to Missouri mom say no

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Utah on
Answered on Mar 5, 2017

Under Utah law, until a child turns 18 or emancipates, the child must live where any court order says the child must live.

Under Utah law, everyone must report any believable allegations of child abuse or neglect (including getting "handsy") to either law enforcement or the Division of Child and Family Services, Child Protective Services (DCFS, CPS). If you know of someone that your niece has told about the allegations of sexual abuse, they should report it to one of these authorities...
View Details »

Q: My boyfriend turns 18 in December but will still be in highschool, can his mom stop him from moving in with me?

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Utah on
Answered on Mar 5, 2017

Absent a court order, the mother of your 18 year old boyfriend cannot stop him from moving in with you. If there may be financial or other consequences, that is a different situation.

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