Utah Family Law Questions & Answers

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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Q: In need of a pro bono attorney or lawer for low income. My mom's trying to take my daughter from me.

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

Each Judicial District (Salt Lake is 3rd District) has its own pro bono resources. Check the Utah Star Bar's website at utahbar.org. The other program you may want to look into is Modest Means (information also on bar's website), which matches low income clients with attorneys willing to take your case for a reduced fee.
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Q: Where can I find the Utah state statue stating that I have the right to know where my children will be going for daycar?

3 Answers | Asked in Family Law for Utah on
Answered on May 18, 2016

The only statute dealing with child care is in regard to sharing of child care costs. It is Utah Code Ann 78B-12-214, which states that in order for the parent who is incurring the cost of daycare to get reimbursed, he/she needs to provide verification of payment (including the name of the day care provider).
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Q: 1) Can one parent pay the entire cost of health insurance premiums for the child?

1 Answer | Asked in Family Law for Utah on
Answered on Apr 27, 2016

1) Yes, although the default provision in Utah law provides for the parties to split the cost of insurance.

2) Good question, it is usually the tax year. So, if you are filing your 2015 tax return in 2016, that is an odd year (because it is the 2015 tax return).
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Q: Can I "the boyfriend" be drug tested at my girlfriends custody court date with her ex? We live together but not married

1 Answer | Asked in Family Law for Utah on
Answered on Apr 27, 2016

It is possible. Since you are around the children regularly (as you live with them), your conduct and character is an issue in the custody determination. You should keep yourself out of trouble and then it won't be a problem, even if they do order a drug test (which would be unlikely unless you have been in trouble recently for drug use). Good luck!
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Q: can I contact the judge to let him listen to a voicemail left on my phone?

1 Answer | Asked in Family Law for Utah on
Answered on Apr 27, 2016

Short answer, no. You cannot have communications with the judge outside court. Depending on the nature of the voice message, you may be able to submit it as evidence to the Court. However, it may or may not be relevant depending on the issues in your case.
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Q: Can I get custody of my daughter even if I'm not the biological father?

1 Answer | Asked in Family Law for Utah on
Answered on Apr 27, 2016

I'm sorry to hear about your situation. Unfortunately, you don't have a great case to get custody of the child as you don't have any biological connection. You could initiate a contested adoption case, but that would require that your ex's rights to the child be terminated. I think that would be very difficult. However, you should consult with a Utah family law attorney to go over your whole case and determine what options you have. Good luck.
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Q: do grandparents have to have consent from both parents to take child on trip outside state?

1 Answer | Asked in Family Law for Utah on
Answered on Apr 27, 2016

The answer to your question really depends on what you mean by "temporary custody". I am assuming that you and your child's father have joint legal custody, which would require that he notify you of the trip.
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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.
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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.
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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...
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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.
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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...
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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