Utah Family Law Questions & Answers

Q: Can my ex take our son out of state if we have joint legal custody / sole physical

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Feb 1, 2019
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.

I hope this helps.

Wes

Q: I have raised my nephew as my son, my sister has been collecting child support for him do i have a right to sue her?

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Answered on Feb 1, 2019
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.

I hope this helps.

Wes

Q: I need to get a separation and don’t know where to start? Worried about income differences?

1 Answer | Asked in Child Custody, Divorce and Family Law for Utah on
Answered on Sep 24, 2018
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...

Q: How do i go about collecting for back child support? He is currently 5 months behind and we both live in Utah

1 Answer | Asked in Family Law and Child Support for Utah on
Answered on Jun 11, 2018
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.

Q: Does my ex have the right to refuse me taking my kids overnight just because he wants to meet my boyfriend?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Jun 8, 2018
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...

Q: When my girlfriend turns 18 and i marry her, can she legally move in with me even if she has some "disabilities"?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on May 31, 2018
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.

Q: How hard is it to get full custodial/ parental rights for my two kids?

1 Answer | Asked in Child Custody and Family Law for Utah on
Answered on Mar 16, 2018
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...

Q: My child’s father is willing to sign his rights over. He is incarcerated what is my next step?

1 Answer | Asked in Family Law and Adoption for Utah on
Answered on Jan 31, 2018
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.

Q: question on my great grandmother's will.

1 Answer | Asked in Family Law and Probate for Utah on
Answered on Jan 29, 2018
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

I hope this helps.

Q: My sons dad and I were never married. Do I have to give him visitation if there is no order?

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Sep 8, 2017
Mr Aric M Cramer Sr.'s answer
I don't practice Family Law, only Criminal Defense. I am sorry I don't know the answer.

Q: So if my step child steals something, what should I do?

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Aug 27, 2017
Mr Aric M Cramer Sr.'s answer
Nowhere near enough information to assist you.

Q: If no custody order is in place can my ex keep my son from me . can I go get him with a police officer

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Utah on
Answered on Aug 22, 2017
William Head's answer
This issue needs a local lawyer to assist you. Plus, reading this question, the first thing that comes to an attorney's mind is, "What did you OMIT from this question?"

The fact that she is "keeping" your son from you raises a red flag.

Have you legitimized the child?

Have you been arrested or convicted of crimes?

Who do you live with?

Where do you live, as in a safe place?

Are you addicted to alcohol or drugs?

Quit looking online for...

Q: What is the process for a step parent to adopt the child of his/her spouse?

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Answered on Aug 8, 2017
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.

(b) The court...

Q: Can I sue the mistress who lives in Utah for "alienation of affection"?

1 Answer | Asked in Family Law for Utah on
Answered on Jul 17, 2017
Stephen J. Plog's answer
No. You might consider contacting a UT attorney. You should also post this question in the civil or torts law section, as it is not really a "family law" question.

Q: What is the criminal code for paternity fraud?

1 Answer | Asked in Family Law, Federal Crimes and Criminal Law for Utah on
Answered on Jul 12, 2017
Mr Aric M Cramer Sr.'s answer
Sounds like a forgery.

Q: Which of the following am I entitled to if I file for divorce?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Answered on Jul 10, 2017
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.

Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

1 Answer | Asked in Family Law and Elder Law for Utah on
Answered on Jun 27, 2017
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.

I hope this helps.

Q: My mother died 7 years ago my sister has been living in the home now the remaining sisters want to sell how do I remove

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Utah on
Answered on Jun 27, 2017
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.

I hope this helps.

Wes

Q: Would it be legal for my girlfriend to live with me once we are 18 if I can provide for her?

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for Utah on
Answered on Jun 5, 2017
Matt A Munson's answer
If you are both consenting adults (18+), you may co-habitate, so long as there is not an Order from a Court preventing you from doing so (i.e. Protective Order, etc.)

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