Wesley Winsor's answer 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 independence on where to live.
Wesley Winsor's answer If you are doing it voluntarily, then no you don't have a right to sue her. She is supposed to be using the funds she is collecting to take care of her son. If she isn't, then the son has a claim or the father has a claim against her. If you are the guardian of the son then you might as well.
With only volunteer status, you don't have standing to assert a claim on the child support funds received by your sister.
T. J. Jesky's answer Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.
A separation is not the same as a divorce. With a separation, you’re still legally married until you obtain a judgment of divorce from a court. Generally a separation does affect the financial...
Paul Waldron's answer The least expensive way is to contact the Utah Office of Recovery Services (ORS) and ask them to collect for you. However, this takes several months. If you are in a hurry and have the means, you can hire a private attorney to enforce the existing child support order, obtain and judgment and collect it for you.
Paul Waldron's answer It depends on the terms of the court orders. Generally, the other parent cannot control who the other fparent allows to be around the children. However, if there are no court orders, whoever has the children has custody and you are stuck with what your boyfriend may agree to until you get court order. Unless your boyfriend is an ax murderer, drug abuser, child abuser, etc., a judge will not enter an order restricting contact with your boyfriend. You would be well served by hiring an...
Paul Waldron's answer It depends on your girlfriend's level of "disabilities" and whether or not someone else has guardianship of her. Otherwise, generally speaking, without any other information regarding your situation, there is nothing stopping your girlfriend from moving in with you when she turns 18. Working with an experienced lawyer will help you more fully understand any legal problems that may need to be considered.
Paul Waldron's answer Generally speaking, without any other information regarding your situation, your chances of getting sole custody completed through the court system is 100%, as long as you can get the father served with the court papers. De facto, you have 100% sole custody right now, so it is unclear why you want to obtain a court order of custody. The first issue will be getting the father served, but there are various ways you can get this done without having him served personally. Working with an...
Paul Waldron's answer Normally the relinquishment of rights is part of the paperwork that goes along with proceeding with an adoption. It is best to consult with and retain the assistance of an attorney that deals with stepparent adoptions to assist you in getting all the necessary paperwork to begin and complete your stepparent adoption.
William Tyler Melling's answer Generally, a Will is only effective for 3 years after death. After that point, a determination of heirs proceeding will be used instead of a probate proceeding. Either way, it appears to be the same distribution in this situation. When someone passes away without a Will in Utah, their estate is distributed to their descendants per capita. This Wikipedia article does a good job of explaining what that means using pictures: https://en.wikipedia.org/wiki/Per_stirpes
Jason F. Barnes' answer 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.
Devin W. Quackenbush's answer 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.
Wesley Winsor's answer 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.
Wesley Winsor's answer 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.
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.