I am taking my son out of state for one of the weeks of summer vacation. My Ex says that I need to give her my travel itinerary for this time and make him available for phone calls even though some of this is camping and cell reception may not be available. Do I need to give her all of this... Read more »
Providing an itinerary for travel is usually a part of the custody agreement. Even if it was left out, it is a really good idea and it doesn't cost you anything. If the travel dates are flexible, say so and keep the non-custodial parent updated. Make the child(ren) available by cell phone when...Read more »
If one of you has lived in Utah for at least 90 days and you both are in agreement with no assets or children, you should be able to go to https://www.utcourts.gov/howto/divorce/ and obtain everything you need to get it done.
My daughter wanted to go live with her dad in Wyoming so I let her and signed a paper saying she lives with me but that she was temporarily going to live with him. She wants to come visit but now he’s saying he’s afraid I won’t bring her back. I’m the one that has had custody of her entire... Read more »
If she wants to come home - because your residence is her home - and you have court-ordered primary custody, you are certainly within your rights to go pick her up. I would do everything possible to reassure her father that you will keep him involved in her life and try to avoid drama. Conflict...Read more »
I'm sorry that you are going through a custody fight. Custody battles are often hard fought and emotional. I will do my best to answer your questions, but I would also recommend that you seriously consider hiring an attorney to represent you. Custody determinations can have lasting effects on...Read more »
As I understand it, (but could be wrong), in Utah, a father in divorce proceedings has automatic, and enforceable (though minimal) visitation rights, without having to go to court and ask for them, based on the idea that marriage is cause to assume paternity. If he wants more than the minimum, he... Read more »
The answer to your question is a little more complicated than a simple yes or no. Do you have parental rights before going to court? Yes, you absolutely do based upon the voluntary declaration of paternity. Does that mean you have visitation (Utah calls this parent-time) rights? Yes and no. You...Read more »
He has been charged with 21 counts of rape and sodomy between the two victims. County attorney representing my daughters states he will most likely get 6 months or less of treatment/incarceration. He has already admitted to his crimes to police. County attorney is going to reduce charges to gain a... Read more »
You can hire an attorney, in Utah victim's of crimes have a right to be heard. One thing you should know is that the juvenile justice system sentences offenders for different purposes that adults. In the District court, a criminal sentence is meant to serve retribution or punishment among...Read more »
This is for an order on order to show cause. My incorrectly spelled maiden name is also on it (and everything was filed with my married name). The certificate of service also does not have an address on it or my ex’s signature. This is in Utah.
Generally a court order will have an electronic signature stamp at the top right corner. If you have a question about whether or not it is valid, your best bet would be to call the Court to confirm. You could also do a consultation with an attorney who could check the docket online to give you...Read more »
You will want to get in touch with an attorney sooner rather than later. The answer to this question could vary greatly depending on what exactly happened to get custody of your kids. You will want to meet with an attorney who can look up the case to determine what was filed - guardianship, custody...Read more »
She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the... Read more »
I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.
Niece is 15 and her cousin is 30 he has sent her pictures or his private part but it’s sent from Snapchat and the pictures weren’t saved. The whole conversation is saved but no pictures. In the conversation he does state he’s going to send it and also more than once, he states in one of the... Read more »
The short answer is yes, you can sue. You could file a suit claiming negligence, intentional infliction of emotional distress, etc. The real question is does the pervy cousin have assets worth the fight? If he owns a home, has a high-paying job, or there is some other asset which may be able to be...Read more »
We have a non court order agreement of $900 a month for me the father to pay. Now the kids are old enough to stay home alone so they don't go to day care anymore and she makes about $700 more a month then I do. How should I go about changing that if she is not willing to and I think it is to... Read more »
Generally in a court order, child support and child care costs are 2 different things. Typically the court will order a monthly support amount and also include an order that you split all work related child care costs. It sounds like you agreed to a different arrangement where you made a monthly...Read more »
my ex filed for full custody after i filed for support. well after out temporary orders hearing my ex and his attorney had requested things they know i cant do so there for my parent time has been taken from me even though i begged them to make it to where i can do them but they would not. My ex... Read more »
First and foremost, it sounds like you should consider hiring an attorney. It sounds like your ex and his attorney are taking a very aggressive approach in the custody litigation. Their approach seems to be working to keep you from the kids. I suggest finding an attorney who can help level the...Read more »
I filed an order to show cause over a month ago and he never filed an answer. He does have an attorney and has since thw beginning. My court hearing is in 8 days and he just barely sent me a response today. In was just wondering if he's allowed to do that? Because in was told I had to file a... Read more »
I think that you may be confusing the time to respond to a Petition (likely for custody or divorce) and the time to respond to an order to show cause. The 21 days to respond applies to a Petition or complaint that is served upon you. On the other hand, an Order to Show cause has different...Read more »
I have full custody and he has standard visitation. I was wondering if I'd be able to move out of state with my daughter and what steps I'd need to take to do so? Can I move if I give him notice and have a parenting planning place for when I move or do I have to get approval from the... Read more »
Utah Code section 30-3-37 governs relocation if the controlling decree does not address relocation.
At least 60 days before the planned move, the parent who plans to move more than 150 miles from the other parent must send the other parent a Notice of Relocation that tells the other parent...Read more »
I lost custody due to a very short-lived drug issue. I have been clean for over 3 years and completed all the requirements from the court. My ex husband wouldnt even let me talk to my kids until early this year. I got him to agree to let me see them every other weekend while he supervised. I want... Read more »
This is left to the discretion of the trial judge. Utah Code § 30–3–10(2)(p) indicates that one relevant factor in the best interest of the child includes “the stated wishes and concerns of the child, taking into consideration the child's cognitive ability and emotional maturity.” A...Read more »
I filed an order to show cause for child support that the court ordered,( he hasn't paid in over a year and is a little over 4000 behind he also has a job and it's his 13th or 14th one in the last 3 years because he keeps quitting so hes basically not keeping a job to avoid paying.) I... Read more »
The answer to your question will depend on which court you are in. Orders to show cause are governed by local rules that differ from one district to the next. Generally speaking if an opposing party does not oppose a motion, the court will grant the relief requested. The process for getting that...Read more »
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