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Utah Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My daughter & ex son in law have joint custody for their 2 children in the state of Utah. A few months ago my daughter

Came to Arizona because she was having some problems. Her ex agreed to keep the girls while she was away but before she left she was served papers from her ex stating he wanted full custody. So she responded to the courts from AZ & was given a court date & time that they were to have a... Read more »

Mike Branum
Mike Branum answered on Aug 6, 2020

She really needs a Utah family law attorney to ensure her rights are adequately defended. That being said, she should contact the clerk and see if an order issued after the missed hearing or if there had been any additional filings. She may need to ask the Court to set aside any order that was... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: have 2 children they have always resided with their mother until recently my son now 14 has decided he wants to live

with me. there is a CS order from Utah for 1100. month for both children. and recent modifications say her part 331. and mine the 1100 they say I have to pay 12 months out of year. there is no decrease because one resided with me and she does not have to pay unless they are both with me. this makes... Read more »

Mike Branum
Mike Branum answered on Aug 4, 2020

You will need to file a request / petition / motion (depending on the jurisdiction, it can be called different things) to modify the child support in the court where the child support order was issued UNLESS that court is in a state where neither you, your ex, nor the children still reside. If the... Read more »

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Health Care Law for Utah on
Q: Can I record a teleheatlth appointment?

Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and... Read more »

Mike Branum
Mike Branum answered on Aug 2, 2020

This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Mysiswasgiven guardianshipinMt.nowshe has told me to file a change of custodywith courtshereinUt. Isthis possible?

I did not loose my Parental rights & they are telling her this is what I'm to do now to get my kids back is this right? What do I file?

Lane Wood
Lane Wood answered on Jul 29, 2020

The answer to your question will require more facts to answer specifically. I suggest that you consult with an attorney on this issue. Here is some general information that may be helpful:

1. Generally speaking jurisdiction over minor children falls under the UCCJEA. The UCCJEA generally...
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1 Answer | Asked in Family Law for Utah on
Q: Do I need to give my Ex my out of state travel itinerary?

I am taking my son out of state for one of the weeks of summer vacation. My Ex says that I need to give her my travel itinerary for this time and make him available for phone calls even though some of this is camping and cell reception may not be available. Do I need to give her all of this... Read more »

Mike Branum
Mike Branum answered on Jul 27, 2020

Providing an itinerary for travel is usually a part of the custody agreement. Even if it was left out, it is a really good idea and it doesn't cost you anything. If the travel dates are flexible, say so and keep the non-custodial parent updated. Make the child(ren) available by cell phone when... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Utah on
Q: My ex husband is taking my daughters to Florida next week. With Covid cases spiking there, is there any way to stop him?

My girls are 14 and 16. They are flying and staying in Florida for a week. I object to this, but is there any legal way for me to stop him from putting them, and my family here at risk?

Mike Branum
Mike Branum answered on Jul 10, 2020

No. Even if you could get a hearing scheduled, which is unlikely, I cannot imagine a court enjoining your husband from travel with the children which is otherwise allowed by the existing agreement.

Side note: there have been virtually zero deaths in patients under 21. Unless your family in...
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1 Answer | Asked in Divorce and Family Law for Utah on
Q: married in CA for 8 months, Legally separated now for over 10 years, need to complete divorce, both in agreement.

Both looking for easiest and cheapest option to complete this, No children or assets, just need to get done.

Mike Branum
Mike Branum answered on Jun 23, 2020

If one of you has lived in Utah for at least 90 days and you both are in agreement with no assets or children, you should be able to go to https://www.utcourts.gov/howto/divorce/ and obtain everything you need to get it done.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Utah on
Q: My daughter is in prison and needs a lawyer for custody case. She asked me to find her a pro bono lawyer and Im looking

For info on how to go about this?? Thank you

William Melton
William Melton answered on Jun 17, 2020

You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: I just received a judgment from the State of Utah on my ex husband. Is there a way to obtain this without an attorney?
William Melton
William Melton answered on Jun 10, 2020

Are you just looking for a copy of a judgment? Send me an email so we can talk. William@melton.law

1 Answer | Asked in Family Law for Utah on
Q: My daughter went to live with her dad, who she barely knows, in Wyoming and now he doesn’t want her to come visit me.

My daughter wanted to go live with her dad in Wyoming so I let her and signed a paper saying she lives with me but that she was temporarily going to live with him. She wants to come visit but now he’s saying he’s afraid I won’t bring her back. I’m the one that has had custody of her entire... Read more »

Mike Branum
Mike Branum answered on Jun 4, 2020

If she wants to come home - because your residence is her home - and you have court-ordered primary custody, you are certainly within your rights to go pick her up. I would do everything possible to reassure her father that you will keep him involved in her life and try to avoid drama. Conflict... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: What can be done failure to be served rule 109 with parentage petition, as well as ex statement of good joint cust pet?

Daughters dad has had no contact, but after several attempts to reduce child support, has now filed a joint custody petition, and served it on me.

First, he did not serve me rule 109, which was granted. Second, he did not include his statement of goodwill as required, with his petition... Read more »

Lane Wood
Lane Wood answered on Apr 28, 2020

I'm sorry that you are going through a custody fight. Custody battles are often hard fought and emotional. I will do my best to answer your questions, but I would also recommend that you seriously consider hiring an attorney to represent you. Custody determinations can have lasting effects on... Read more »

1 Answer | Asked in Family Law for Utah on
Q: I was not married, but we filed the Voluntary Dec. of Paternity. Do I have any visitation rights, before I go to court?

As I understand it, (but could be wrong), in Utah, a father in divorce proceedings has automatic, and enforceable (though minimal) visitation rights, without having to go to court and ask for them, based on the idea that marriage is cause to assume paternity. If he wants more than the minimum, he... Read more »

Lane Wood
Lane Wood answered on Apr 10, 2020

The answer to your question is a little more complicated than a simple yes or no. Do you have parental rights before going to court? Yes, you absolutely do based upon the voluntary declaration of paternity. Does that mean you have visitation (Utah calls this parent-time) rights? Yes and no. You... Read more »

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: Our13 year old son (who we’ve adopted out of foster care at age 5) has raped our two daughters age 10 and 3.

He has been charged with 21 counts of rape and sodomy between the two victims. County attorney representing my daughters states he will most likely get 6 months or less of treatment/incarceration. He has already admitted to his crimes to police. County attorney is going to reduce charges to gain a... Read more »

Brent J Huff
Brent J Huff answered on Apr 1, 2020

You can hire an attorney, in Utah victim's of crimes have a right to be heard. One thing you should know is that the juvenile justice system sentences offenders for different purposes that adults. In the District court, a criminal sentence is meant to serve retribution or punishment among... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: I was mailed an order from my ex husband that does not have a judge’s stamp or signature. Is this even valid?

This is for an order on order to show cause. My incorrectly spelled maiden name is also on it (and everything was filed with my married name). The certificate of service also does not have an address on it or my ex’s signature. This is in Utah.

Lane Wood
Lane Wood answered on Mar 5, 2020

Generally a court order will have an electronic signature stamp at the top right corner. If you have a question about whether or not it is valid, your best bet would be to call the Court to confirm. You could also do a consultation with an attorney who could check the docket online to give you... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My mom filed for custidy of my kids

She never told me & I was in a treatment center while i was in there she took my mail which had the letter from the court so I missed the court date & now I need to know what to do to get my kids back

Lane Wood
Lane Wood answered on Feb 18, 2020

You will want to get in touch with an attorney sooner rather than later. The answer to this question could vary greatly depending on what exactly happened to get custody of your kids. You will want to meet with an attorney who can look up the case to determine what was filed - guardianship, custody... Read more »

3 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Utah on
Q: Can my ex's sister, temporary guardian of our 16 month old daughter, legally restrict my visitation?

She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the... Read more »

Lane Wood
Lane Wood answered on Feb 16, 2020

I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.

Generally speaking,...
Read more »

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2 Answers | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for Utah on
Q: can you take 30 year old male relative sending 15 year old niece naked photos from snap chat app, pictures weren’t saved

Niece is 15 and her cousin is 30 he has sent her pictures or his private part but it’s sent from Snapchat and the pictures weren’t saved. The whole conversation is saved but no pictures. In the conversation he does state he’s going to send it and also more than once, he states in one of the... Read more »

Mike Branum
Mike Branum answered on Feb 7, 2020

The short answer is yes, you can sue. You could file a suit claiming negligence, intentional infliction of emotional distress, etc. The real question is does the pervy cousin have assets worth the fight? If he owns a home, has a high-paying job, or there is some other asset which may be able to be... Read more »

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1 Answer | Asked in Family Law for Utah on
Q: A non court ordered agreement of $900 a month for two kids. How do I go about changing that if she is not willing to

We have a non court order agreement of $900 a month for me the father to pay. Now the kids are old enough to stay home alone so they don't go to day care anymore and she makes about $700 more a month then I do. How should I go about changing that if she is not willing to and I think it is to... Read more »

Lane Wood
Lane Wood answered on Jan 29, 2020

Generally in a court order, child support and child care costs are 2 different things. Typically the court will order a monthly support amount and also include an order that you split all work related child care costs. It sounds like you agreed to a different arrangement where you made a monthly... Read more »

1 Answer | Asked in Child Support, Family Law, Libel & Slander and Personal Injury for Utah on
Q: What can i do if my custody case has other proceedings and or personal attacks against me from those who r on my ex side

my ex filed for full custody after i filed for support. well after out temporary orders hearing my ex and his attorney had requested things they know i cant do so there for my parent time has been taken from me even though i begged them to make it to where i can do them but they would not. My ex... Read more »

Lane Wood
Lane Wood answered on Jan 13, 2020

First and foremost, it sounds like you should consider hiring an attorney. It sounds like your ex and his attorney are taking a very aggressive approach in the custody litigation. Their approach seems to be working to keep you from the kids. I suggest finding an attorney who can help level the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Utah on
Q: Order to show cause?

I filed an order to show cause over a month ago and he never filed an answer. He does have an attorney and has since thw beginning. My court hearing is in 8 days and he just barely sent me a response today. In was just wondering if he's allowed to do that? Because in was told I had to file a... Read more »

Lane Wood
Lane Wood answered on Jan 3, 2020

I think that you may be confusing the time to respond to a Petition (likely for custody or divorce) and the time to respond to an order to show cause. The 21 days to respond applies to a Petition or complaint that is served upon you. On the other hand, an Order to Show cause has different... Read more »

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