Utah Questions & Answers by Practice Area


Utah Questions & Answers

Q: A hotel maid accuses a guest of lude behavior, while she was in his room cleaning. No PROOF. Crime? Charges?

1 Answer | Asked in Criminal Law for Utah on
Answered on Mar 24, 2017

No question is posed. I see no criminal charges filed. If the issue is reparations you need to see a civil attorney about a lawsuit. If charges were filed I need information on those charges and where in the court process the case is currently.
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Q: Will Felony Failure to Appear for fingerprintable charge will give me problems with immigration in a green card replacem

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Answered on Mar 24, 2017

This is an immigration issue, so I would have you contact an immigration attorney. Sorry I can't help you on this.
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Q: Can my friend who is on a tourist visa, apply for a temporary visa to work while she is here for six months?

1 Answer | Asked in Immigration Law for Utah on
Answered on Mar 17, 2017

No. A visitor visa does not entitle a person to work.
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Q: 2 cars at a stop sign, 1 no blinker on, 1 turning R.

1 Answer | Asked in Car Accidents for Utah on
Answered on Mar 11, 2017

Assuming you pull up and are visible to him. You stop. He then moves into you, he should be as he is moving and should look before moving.

If damage is to his passenger side middle, then you were behind him. If he hits you with his passenger side front corner, then you were at least up to where he was, should have seen you.
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Q: What is the chance that a judge would separate half siblings that have grown up together with a strong bond. 5 & 8 yr

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

The second factor that the judge must always consider, after a change in circumstances, is the best interests of the child/children. You have made the argument above that, though there may be a change in circumstances, it is not in the best interests of your son to live under a 50/50 parent-time arrangement due to his relationship with his sister. You simply need to provide additional supporting evidence that this is his best interest, and obtain any and all evidence you can that it is not in...
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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.
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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.
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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.
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Q: My Partner and I are JT-only he is on loan. I am executor and sole beneficiary in will. Can I keep the loan when he dies

1 Answer | Asked in Consumer Law and Estate Planning for Utah on
Answered on Mar 5, 2017

You can, it just depends on whether the bank finds out and demands that there be a refinance or assumption of the mortgage. I have seen where the mortgage company did nothing for years because the house payment continued to be made.
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Q: daughter is per rep of will. son is left cash. mother states "as per my instructions by my daughter, tamra".

1 Answer | Asked in Estate Planning for Utah on
Answered on Mar 5, 2017

You have asked several questions, but I think the answer to all of them is, it depends on what is stated and directed in the will. You should sit down with an experienced lawyer and have her/him review the will specifically to advise you on what must/must not happen and where there is discretion left to the PR.
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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.
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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...
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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.
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Q: My daughter is pregnant with someones child. They are not together. He does not work. He threatens to take custody.

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

There are several things your daughter can do to protect herself and the baby; you will want to consult with an experienced lawyer to determine what steps to take or not take given your daughter's circumstances.

Many times unmarried fathers threaten to take custody of an unborn or newborn child. However, unless he preserves his parental rights, which would include filing a parentage action and getting a court order determining parentage, custody, parent-time and child support. Him not...
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Q: Can I lose custody of my child if my brother, a felon, moves in with us?

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

Given the facts you have presented in your question, it is unlikely that your situation would result in a change in custody. However, if there are additional negative facts, a change in custody is possible. Your ex could seek some kind of restraining order prohibiting you from having your daughter reside in the same residence as your little brother if she can show an immediate threat of harm to your daughter. You need to seek the advise of an experienced family law lawyer to advise you and...
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Q: Can I get my backed child support reduced?.

1 Answer | Asked in Child Support for Utah on
Answered on Mar 5, 2017

In Utah, by law, you usually cannot change your back child support obligation, and a judge can only modify child support "back" to the date of filing of a petition to modify your child support obligation. You should consult with an experienced lawyer to discuss the full specifics of your case to see what relief you can get.
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Q: Can a home equity loan be considered income for the purpose of changing child support amounts?

1 Answer | Asked in Child Support for Utah on
Answered on Mar 5, 2017

In Utah, a home equity loan would usually not be considered income for the purpose of changing child support amounts. There are many factors that go into the calculation of child support, so it is recommended that you seek the advice of an experienced lawyer to review all the facts of your situation.
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Q: Due to health issues now i have joint custody with my parents how do I give them full? Do I have to go to court? Utah

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

This is a very difficult question that is very fact specific. You need to seek the advice of a lawyer to discuss the particular facts of your situation, as it may not be necessary or in you or your child's best interest for you to have your parents have "full custody" in order for you to achieve whatever goal(s) you are trying to achieve by possibly taking that action.
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Q: What information do I need to provide the court to discontinue alimony now that I suspect my ex is cohabitating?

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

Under current Utah law regarding alimony and cohabitation, you likely have to prove that she is cohabiting "in a marriage-like relationship." If it is a Utah case, you should consult with a Utah lawyer and discuss the additional particular facts of your case.
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Q: Do I have to always give my ex first pick to watch the kids? And can he record our conversations?

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

Whether or not you have to give your ex first pick to watch the kids depends on the custody and parent-time orders in your case. You need to read that order and any statutes referenced by the order to determine this issue. A quick appointment with an attorney with those documents should answer your question.

In Utah, only one party has to consent to a conversation being recorded, so yes, he can record your conversations. You can refuse to speak with him by telephone and simply...
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