I pay child support and we have never gone to court for custody or any visitation orders. No restraining orders or anything. We were never married. She even changed my son’s last name without my consent, even though I am on the birth certificate. I haven’t seen my son in 3 years. Can’t... Read more »
Unfortunately, you have little recourse without an order from the Court. I presume the child lives in Utah with the other parent. If you truly cannot afford the court fees, you can request a waiver. I would refer you to utcourts.gov and look at the self-help section for family law.
The GAL assigned to my case refused to see me until I paid him in full which I could not do. He did not investigate claims made by other party to see if they were accurate did not ask me my side or allow me to present my evidence to him that claims made were a lie. At our temporary custody hearing... Read more »
You really, REALLY need an attorney on your side. If you have not contacted Utah Legal Services to see if you can get pro bono assistance, you truly should . . . Monday. A guardian ad litem SHOULDN'T favor a party who pays over one who does not, but that doesn't mean it might not happen. If you say... Read more »
I live in a unstable home and don't get the proper needs what would be the steps to take for someone to get guardianship of me?
If there is suspected child abuse or neglect, the proposed guardian could first report the suspected neglect to the Utah Division of Child & Family Services (DCFS). Call 1-855-323-DCFS (3237). A minor can also contact a school counselor or other adult to self report possible neglect. The school... Read more »
I live in too small of a house with way to many people, Its a 4 bedroom house with 10 people. My friends family are willing to take me in, my biological dad is going to jail and there is no one I can go to he has denied me from seeing a therapist or anything like that. Can my friends family get... Read more »
Contact UtahLegalServices.org and see if they can refer you to a pro bono (no fee) attorney in or near Tooele. Alternatively, could you convince your mom (unless step dad has adopted you, he really doesn't LEGALLY get a say in the matter) to sign over temporary guardianship? If you cannot get pro... Read more »
I was the victim of domestic violence and my husband told the police I abused drugs after he physically attacked me in an effort to take the attention off himself. Prior to the argument I had told him that I had used a week prior thinking that it was a priviged cinversation. Can I argue that it... Read more »
There are two privileges potentially involved here: the marital privilege and the privilege against self-incrimination. The marital communications privilege is governed under Utah Rule of Evidence 502. Rule 502 states that a confidential communication is "made privately by any person to his or her... Read more »
Ages 7, 5 and 3. I am on birth certificates. Really have been living as a normal family with mother for 7 years till present. Just have never been married. Our neighbors are even shocked at times to hear we were never legitimately married. We're ending on good terms for the most part but the one... Read more »
You will likely be hard-pressed to find an attorney willing to give you your chances. I will tell you that the request, based on the extremely limited amount of information in this Ask-a-Lawyer post, is reasonable. If you are willing to actually be responsible for taking care of the children 50% of... Read more »
well I have been trying to enforce any parenting time I was given but the father has sent my daughter out of state to Utah with his mother at first and she was only suppose to stay out there to visit with grandma because she has cancer and wants to spend time with her , anyways the dad is here in... Read more »
If you have a custody agreement in Arizona, you need to file for a modification. If the father has primary custody and is homeless, it will be difficult for him to argue the child would be safe in his care. You could also file a complaint with child protective services when you file your petition... Read more »
not a down payment my daughter is 11 years old and is getting charged with a felony and a class b misdominer her and a friend went to walmart and on the way in found a credit card went in used the credit card for like 15 .00 than tryed to pull money out at the ATM witch mind you did not work at the... Read more »
Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.
Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.
Unless there are accusations of domestic violence, it is always a good idea - during separation, while the divorce is pending, and after the divorce is finalized - to keep the other parent informed of any change in address or phone number. Your marriage may be ending, but you are stuck with your... Read more »
I dont want to take property or personal belongings from her. I just want to prove that i was not doing anything to make her do those things. I want to protect my finacial sources and truck while im getting divorced. Also i dont know if that would help with possible resopsibilities i might be have... Read more »
Most divorces settle prior to trial. You should have your attorney request the records in discovery. They could be useful in negotiations. Unless you can prove she used marital assets to support her infidelity (gifts, travel expenses, money spent on hotels), you will likely not be able to alter... Read more »
I got with my ex when she was pregnant, found out she cheated on me at least twice since he was born. I left two months before his third birthday in April 2017, had him every other weekend until October 2018 when I offered to pay half his daycare to get 50/50 custody and have had him every other... Read more »
A person other than a biological parent, such as a grandparent or a step-parent, may petition the court for custody and visitation of a child in Utah. But there must be special circumstances for the court to award custody and visitation to a person who is not a parent.
Utah Code Ann. sec.... Read more »
Hi. Happy to help, but first need a little more information. I'm assuming this is for a pending divorce action. If so, you should have received a Motion for Temporary Relief as well as other supporting documents. That Motion will outline the relief being sought.
We have a video that... Read more »
We have joint custody but they have lived with me full time for over a year.
Yes, but . . .
Operating under the assumption that you have joint legal as well as physical custody, it was inappropriate for your ex-husband to allow your minor child to be tattooed without your knowledge or consent. A couple of questions come to mind. 1) What is the battle worth to you?... Read more »
My oldest son lives with his father. His father has sole custody (I have sole custody of our other child). My son was abused by his stepmother. DCFS is involved. Justice court is involved. I was not given information about the trial nor was I informed that the prosecutor had been changed. I thought... Read more »
Regardless of what was SUPPOSED to have happened, you should take an active interest in this case if you are willing to take custody of your oldest son. If you are NOT willing to take custody and just have hurt feelings because you were not notified, I believe you are out of luck. Hopefully you... Read more »
Since his dad is failing on taking care of him can I pick up my son to live with me no custody has been established
It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.
The first step, in my opinion, would be to have a conversation with the child's father, express your... Read more »
The childs father and I are trying for full custody, as we believe the child is being neglected, emotionally and physically. I am currently taking pictures of what I can and writing down everything he says it's happening there. He's not getting fed, and he's rarely in clean clothes. He usually... Read more »
Utah law only requires one party to the conversation be aware a recording is being made, so, yes, you may legally record the conversations with or without his knowledge. As far as helping your case, requesting the appointment of a guardian ad litem would probably be more advantageous than your... Read more »
My husband has joint custody of his daughter. We recently found out that she is being mentally, Physically, and sexually abused in her mothers home. We have already filed a case with child protective services but we fear her mother will retaliate against her if she goes back home. Can we keep her... Read more »
You would need to file a petition in Juvenile Court. See https://www.utcourts.gov/abuse/child.html for the form or seek advice from a licensed attorney who practices in the Fifth District (Washington and Iron Counties).
The assault was in in Kansas, to my knowledge the father is in Montana and I live in alberta. I would like to adobt out to my sister in Utah.
What you are asking is highly complex and the correct answer is fact dependent. Please have your sister contact our office so we can discuss the same. Phone #801-546-3874.
He is 18 and dropped out of high school and is moving out due to conflict with his mom and her husband.
Whether you continue to pay or not depends on your court orders. You should immediately get the matter before the Court for an order changing your child support obligation, whether that is paying your son the child support directly (and the mother also paying her obligation directly to your son)... Read more »
this is not really my area of law here, so I would encourage you to seek more advice, but to my understanding, if the ex has sole physical custody, then they can decide where to live independent of your preferences. You still have a say in medical decisions and other areas, but they have... Read more »
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