I opened these accounts for my kids, under my own account, without my ex ever being on said account, she's asking I close these out, give her the money, and give a list of when the accounts were opened, any transactions etc. We've been divorced since July, am I legally obligated to do... Read more »
answered on Mar 5, 2023
If the savings accounts were opened solely in your name and your children's names, and your ex-spouse was never a signatory on the account or made any contributions to the account, then she likely does not have any legal right to demand that you close the accounts and provide her with the... Read more »
A basic divorce, you go your way and I go mine.
answered on Feb 27, 2023
No. You can file a petition, pay the fee, wait 30 days (or apply to waive the waiting period), then file the agreement (called a stipulation) and final documents with the court. This website can help you prepare your documents, or you can hire an attorney to draft them.... Read more »
the classes, he will have no relief? my kids are terrified of him, i travel for work and he abandoned my kids with my parents ,cheated 14 times gave me std i was at defsukt and the clerks lost my stuff and got him enough tjme to hire atty hoe do i just motion to ignore amswer based on perjury in... Read more »
answered on Feb 10, 2023
This is a situation where you definitely need a competent attorney experienced in family law in the county where your case is pending.
A default judgment is usually only available when a party, after being properly served with a lawsuit, fails to file an answer and displays conscious... Read more »
My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... Read more »
answered on Jan 26, 2023
You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.
If you have not retained competent... Read more »
Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »
answered on Sep 30, 2022
This is not a criminal law question. You need a family law specialist.
I have 2 children with a man I was with over 5 years ago (we were never married), since then I have had 2 more kids and gotten married. We have no contact with my 2 oldest children's father and he periodically will pay some child support but still owes us thousands of dollars in back child... Read more »
answered on Aug 8, 2022
You could incorporate a petition to terminate the father's rights with a petition to adopt the two children if that is what your husband desires and the children are on board (if they are old enough to have a say). If your husband is not planning to adopt the children, there really is not a... Read more »
Do I have to contact him in order to go through with the adoption?
answered on Jul 8, 2022
Although your question may seem to be an easy one, there are many other questions that need to be asked in order to assess whether or not notice is necessary. If you would like to give us a call, we can certainly talk about the specific details of the case and answer your question. If you are not... Read more »
I don't want opposing side to know I'm almost out of money to keep fighting for visitation.
answered on May 31, 2022
Short answers, based on the following, applicable rule, are sort of, maybe, and yes, unless you seek a discovery protective order (which will cost even more money and may not be granted).
This is from Rule 26.1, Utah Rules of Civil Procedure... Read more »
My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either.... Read more »
answered on Feb 28, 2022
The short answer is "yes." The long answer is "you need an attorney."
Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when... Read more »
answered on Feb 18, 2022
Yes, unless otherwise specified in the Decree or Child Custody Order. According to Utah Code Annotated 30-3-35(2)(e)(i) "[i]f a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free... Read more »
answered on Feb 16, 2022
If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... Read more »
I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... Read more »
answered on Feb 10, 2022
There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... Read more »
answered on Feb 4, 2022
I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.
Additionally, it is difficult to overcommunicate where children are concerned. Try... Read more »
My ex wife passed away and our 10 year old daughter is the beneficiary on her life insurance policy. In order to get a lump sum payment, State Farm Insurance is requiring me to provide a Certified Copy of the Court Order and Letters of Guardianship of the minor’s estate. I shared custody of my... Read more »
answered on Feb 3, 2022
I believe what you actually need is a conservatorship. You are already the child's guardian by virtue of your status as surviving parent.
Be forewarned: as conservator, you will be responsible to the Court for every cent in your daughter's account. You may only spend funds from... Read more »
answered on Jan 25, 2022
In order to establish a child custody, parent time, and child support, you need to file for separation or divorce and request temporary orders. You should act sooner rather than later, the longer you hesitate, the weaker your case will be. You truly need the assistance of a competent family law... Read more »
My fiance and I were in a fight and he changed the locks to the house. I am legally allowed access but can not enter due to the new locks.
answered on Jan 19, 2022
Probably. If you have been residing there he must follow eviction procedures to have you removed; he cannot just change the locks. If you have that address listed as your residence on your government-issued ID, the locksmith will likely open the door for you (less likely if you mention that your... Read more »
I don't know why they did it... I just went along with it so they would leave, but it's left me feeling weird about everything ... What can I do?
answered on Jan 15, 2022
There are a few scenarios where it might be illegal. If they represented they were some type of law enforcement officer, that would be illegal. If they only said they were with DCFS, that would not qualify. If they told you they were with DCFS to gain access to your home to commit some other crime... Read more »
her cps was called by the school and we are meeting with a detective tomorrow. Does he need legal counsel?
answered on Jan 13, 2022
Absolutely. These are very serious allegations that may have serious consequences (expulsion from school, protective orders, etc.)
I highly suggest speaking with an attorney who specializes in juvenile law.
answered on Jan 13, 2022
Very simply, no. Parents are equal under the law, regardless of gender.
However, many other factors must be considered, for example, the court would look at the custody factors found in UCA 30-3-10 to determine a parent-time arrangement as well as physical and legal custody.
I... Read more »
My fathers ex girlfriend while living with him went to the courts and filed for custody of my sister claiming she didn’t know where he was. And would get all the mail and summons to appear and hid it from my dad so they granted her full custody. Jump forward a year and she assaults my dad again... Read more »
answered on Jan 13, 2022
This is a tricky situation. There are ways to undue orders, especially those that were obtained under false pretenses. Please see Utah R. Civ. P. 60.
This seems to be a complicated issue. I would advise you to talk with a lawyer who is familiar with domestic issues like this.
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