Mike Branum's answer 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 recordings. A guardian ad litem is a non-attorney volunteer who will be the child's neutral advocate during court proceedings. It is helpful to have an outside party privately speak with the child and...
Mike Branum's answer 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).
Paul Waldron's answer 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) or terminating your obligation altogether.
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.
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