Get free answers to your Family Law legal questions from lawyers in your area.
I received an engagement ring as a promise to marry my ex-fiancé, but we broke up after six months without getting legally married or having a wedding. He hasn't asked about the ring but requested other belongings back. I live in Utah, and he lives in California. Do I have to give the... View More 
answered on Mar 14, 2025
Given the ring’s status as a symbol of a promise that didn’t pan out, and since he hasn’t brought it up, you’re not obligated to proactively return it. But if he requests it, the default legal stance in both states leans toward giving it back unless you have a solid reason tied to his fault... View More
I was raised by my aunt and uncle and they gave me their name but my birth certificate has my birth parents name and it shows my name the same as my birth parents, I need to change it to the name I have always used since birth so I can get a passport
answered on Jan 29, 2025
The Utah Courts have some instructions about how to change your name. You can use those instructions yourself or you can reach out to us and one of our attorneys can help you through that process.... View More
My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More
answered on Dec 19, 2024
The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More
My husband bought our home 2 years before we met. His kids are still listed as his beneficiaries on the house. If he dies before adding me to the title, can they kick me out of my home? We live in Utah and I want to know if I have any rights as his spouse.
answered on Aug 29, 2024
A surviving spouse can have rights under Utah state law, but those rights can also be given away. Prenuptial agreements and estate planning documents can make all the difference. In some cases your rights can give you a portion of the estate no matter what happens.
I encourage you to sit... View More
They got the kids back and they've been told by DCFS that they can't take away their kids doors.
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answered on Jun 21, 2024
I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:
Parents generally have the right to control their children's access to technology, including mobile data.... View More
s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More
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answered on Mar 14, 2024
I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:
As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it.... View More
Do you have to go through an adoption agentcy or does she just sign over custody?
answered on Feb 20, 2024
Follow up...
I want to emphasize that if the child was born outside of Utah, or if the birth mother is not from Utah, in any scenario, please note that such circumstances introduce a complexity that can only be adequately addressed in a consultation with an attorney (and one whose practice... View More
Do you have to go through an adoption agentcy or does she just sign over custody?
answered on Feb 20, 2024
As to your question in general, it comes down to what you want to do.
1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting... View More
My husband will be going out of town for a week and he has his kids every weekend. He will be gone during that visitation. If they don't have the Right of First Refusal in the decree, as their stepmom, can their mom stop them from spending the weekend with me? From what I read, that would... View More
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answered on Jan 18, 2024
In Utah, the Right of First Refusal (ROFR) typically needs to be specified in the custody decree for it to apply. If the custody decree doesn't include a ROFR provision, your husband may have the discretion to choose who takes care of the children during his absence. Without a specific ROFR... View More
A family friend dropped their children off 2 weeks ago and has made minimal effort to pick them up. They have lived with me off and on since birth. They have a stable home but chose not to live there, and continue to drag the kids around from place to place leaving them for extended time periods... View More
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answered on Jan 10, 2024
If you are seeking custody of a child who is a non-family member due to concerns about the parent's addiction, the process in Utah typically involves filing a petition for guardianship or custody with the appropriate court. Given that the children have been living with you and the... View More
He sold the house 6 months ago, and is holding on to all of the proceeds. We are about to go through a divorce. He is claiming that I have no right to that money. Is he right? My name was on the deed and title.
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answered on Dec 20, 2023
In Utah, if your name is listed on the title and deed of your soon-to-be ex-husband's house, you likely have a legal claim to a share of the proceeds from its sale, even if the sale occurred before the divorce proceedings. The fact that your name is on the title indicates ownership interest in... View More
My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.
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answered on Nov 24, 2023
Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.
In... View More
Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?
answered on Nov 17, 2023
If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More
Here is my decree
As stated in the custody order (Section 14):
- Parents agree to provide age-appropriate help for children to communicate with the other parent.
- Parents agree to give the children privacy and not interfere with or monitor communications.
Children... View More
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answered on May 15, 2025
Based on your custody order, it seems that you are required to allow your children to communicate with their father whenever they choose, as long as it's done in an age-appropriate way. The decree specifically states that children have the right to communicate with the other parent by any... View More
I am currently taking care of my grandson, who lives with me. My daughter has open DCFS cases on two of her other children, but not on my grandson. There are no legal proceedings concerning him, only a verbal agreement for him to stay with us until the end of the school year. My daughter wants to... View More
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answered on May 15, 2025
If you are seeking guardianship of your grandson, the focus will generally be on his best interests and the stability you can provide for him. While the details of your daughter’s DCFS cases concerning her other children may give some context to her situation, they may not be directly relevant to... View More
I have had three children removed by CPS in Utah. My daughter was removed at 6 months due to domestic violence and mental health issues. My son was removed for "sibling at risk" during my girlfriend's pregnancy, and both cases were combined even though the removals occurred at... View More
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answered on May 15, 2025
You’ve already been through an incredibly difficult experience, and it makes sense to be anxious about what might happen with your new baby. While every state has its own child welfare procedures, most will take a prior termination of parental rights (TPR), especially one involving multiple... View More
I have had sole legal custody of my daughter for the past 5-6 years, with a formal court order. Recently, my daughter's father, who is on felony parole and has a history of abuse, took her from my mother's house without my knowledge and transported her to Idaho Falls. I was not informed... View More
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answered on May 15, 2025
You are in an incredibly urgent and frightening situation, and your daughter’s safety comes first. Since you have sole legal custody through a formal court order, her father had no legal right to take her or transport her across state lines without your consent. His actions could qualify as... View More
I'm inquiring about the statute of limitations for sexual assault/abuse involving minors under the age of 10 in Utah. The incident occurred in the year 2000 and was never reported to law enforcement. No civil actions have been taken, but recent social media posts have brought attention to the... View More
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answered on May 15, 2025
Your concern is deeply valid, especially when it comes to something as serious and painful as abuse involving a child. In Utah, the laws around the statute of limitations for sexual abuse of minors have changed over time, especially in response to how trauma impacts survivors. For criminal charges,... View More
I got married in June, but we only signed the marriage license and didn't turn it in. We didn't have a formal ceremony with witnesses, haven't lived together, and have no shared assets or accounts. Am I legally married, or can we go our separate ways?
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answered on May 15, 2025
If the marriage license was never submitted to the appropriate government office, then the marriage may not be legally recognized. In most states, a marriage becomes legally valid only after the license is properly completed, signed by the officiant, and filed with the county clerk or registrar.... View More
I am an Arizona resident and need help regaining custody of my 12-year-old daughter who has been living in Utah since 2018. Her father, who had custody in Arizona, abandoned her at a friend's house, and the paternal grandmother took her to Utah without my knowledge, hiding her for a year. The... View More
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answered on May 14, 2025
What you’ve been through is heartbreaking, and it’s clear that you’ve remained strong and focused on your daughter despite all the challenges. With the passing of both her father and the legal guardian, the situation has changed significantly, and you have every right to seek custody now. The... View More
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