This is not a criminal law question. You need a family law specialist.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.

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... View More

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.

You should provide copies but I see no reason you should have to surrender your originals. If your ex needs originals, they can request duplicates. The documents themselves belong to you but you should assist your ex where possible. Denying access to copies of the documents is not going to win you... View More

I am guessing you are referring to the custody schedule as referenced in UCA 30-3-35. If so, my understanding of the Code is that the day does not change, just the time of day custody is exchanged. In years with an odd number of days, the exchange occurs at 1 pm. In years with an even number of... View More

Contact a family law attorney for help.

Title companies do not create trusts, attorneys do. You should contact an estate planning attorney to assist you in creating a trust and they will also be able to draft the warranty deed necessary to transfer the property into the trust once created.