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Utah Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
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?

he has been with me since he was 2 1/2 ( all verbal agreement)

Wesley Winsor
Wesley Winsor answered on Feb 1, 2019

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.... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Utah on
Q: I need to get a separation and don’t know where to start? Worried about income differences?

My husband has anger issues, pornographery issues w/cross dressing. Is it possible for me to file for a legal separation and somehow demand that he complete therapy before having overnight visits with our kids? Also, since I make more money, do I have to pay him?

T. J. Jesky
T. J. Jesky answered on Sep 24, 2018

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...
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1 Answer | Asked in Family Law and Child Support for Utah on
Q: How do i go about collecting for back child support? He is currently 5 months behind and we both live in Utah
Paul Waldron
Paul Waldron answered on Jun 11, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Does my ex have the right to refuse me taking my kids overnight just because he wants to meet my boyfriend?

My ex says "I'm not having my girls over there (my place) until I meet him and talk to him for 2 minutes." And he also doesn't want me around while he does this.

Paul Waldron
Paul Waldron answered on Jun 8, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: When my girlfriend turns 18 and i marry her, can she legally move in with me even if she has some "disabilities"?
Paul Waldron
Paul Waldron answered on May 31, 2018

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... Read more »

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: How hard is it to get full custodial/ parental rights for my two kids?

Kids were born between 2004 -2007. The father and I were never married and I've been their only supporter during this time. The father and I separated in 2008 when he moved to Idaho, and I've been supporting them solely ever since. There is a court order for child support which was paid 3 times... Read more »

Paul Waldron
Paul Waldron answered on Mar 16, 2018

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... Read more »

1 Answer | Asked in Family Law and Adoption for Utah on
Q: My child’s father is willing to sign his rights over. He is incarcerated what is my next step?

My husband wants to adopt him and has been in his life since he was 5 months old. I just need to know what paper work I need to file for relinquishment of rights

Paul Waldron
Paul Waldron answered on Jan 31, 2018

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... Read more »

1 Answer | Asked in Family Law and Probate for Utah on
Q: question on my great grandmother's will.

my great grandmother's will left her house to my grandmother who died before her. My great grandmother's will said "if any of my children should pre decease me then their inheritance shall be had by my children's children" what I would like to know is does this mean that my great grandmother's... Read more »

William Tyler Melling
William Tyler Melling answered on Jan 29, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: My sons dad and I were never married. Do I have to give him visitation if there is no order?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 8, 2017

I don't practice Family Law, only Criminal Defense. I am sorry I don't know the answer.

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: So if my step child steals something, what should I do?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 27, 2017

Nowhere near enough information to assist you.

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Utah on
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
William Head
William Head answered on Aug 22, 2017

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...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: What is the process for a step parent to adopt the child of his/her spouse?

My boyfriend and I are thinking about getting married. He wants to adopt my child, who's 4. I'm not sure of who his biological father is. I registered him as a single mother. Only me is on the birth certificate. How soon after we get married can we start the process and what is the process for that?

Jason F. Barnes
Jason F. Barnes answered on Aug 8, 2017

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...
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1 Answer | Asked in Family Law for Utah on
Q: Can I sue the mistress who lives in Utah for "alienation of affection"?
Stephen J. Plog
Stephen J. Plog answered on Jul 17, 2017

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.

1 Answer | Asked in Family Law, Federal Crimes and Criminal Law for Utah on
Q: What is the criminal code for paternity fraud?

She let her boyfriend sign my daughters birth certificate knowing the kid was mine and i have proof by text of her admitting to this

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 12, 2017

Sounds like a forgery.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Which of the following am I entitled to if I file for divorce?

My husband has been unfaithful during our 5 and a half year marriage, we have one child and I am currently pregnant with number 2. His car is paid off, our 2nd car is a lease under both of our names. He has a house where he is a "co-applicant" but he is on the loan and the title of the home. I am a... Read more »

Devin W. Quackenbush
Devin W. Quackenbush answered on Jul 10, 2017

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... Read more »

1 Answer | Asked in Family Law and Elder Law for Utah on
Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

A check in the amount of $10,000 is being held by GE Capital Investments. The check has my name and my uncle's name on it. The guardian wants the check (stating that it is the sole property of the ward). Do I have any rights?

Wesley Winsor
Wesley Winsor answered on Jun 27, 2017

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... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Utah on
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

The sister and her property that's living there. The will states the house to be sold and divided equally, however we have allowed my sister to live there for 7 years and now she won't leave????

Wesley Winsor
Wesley Winsor answered on Jun 27, 2017

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... Read more »

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for Utah on
Q: Would it be legal for my girlfriend to live with me once we are 18 if I can provide for her?
Matt A Munson
Matt A Munson answered on Jun 5, 2017

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.)

1 Answer | Asked in Divorce, Family Law and Child Support for Utah on
Q: My ex owes me over $99,000 in back child support. He lives in Utah and inherited a lot of money. California won't help.

What can I do to get what is owed?

Louis George Fazzi
Louis George Fazzi answered on May 23, 2017

If you have a judgment for the child support in California, you can enforce it in Utah. You will need a Utah attorney to help you collect that debt.

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