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Utah Family Law Questions & Answers

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 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 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. 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. 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 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...
Read more »

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 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...
Read more »

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 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. 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 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 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 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 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 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.

1 Answer | Asked in Family Law and Civil Rights for Utah on

Q: Can discrediting evidence be presented in court after the court has acknowledged that a defendants attny didn't show up

Brian K Jackson answered on May 1, 2017

Might need more details to this. The question is, if the attorney didn't show up, then who is presenting the evidence?

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on

Q: What can a parent do to defend themself against a violent teen in Utah?

I was physically attacked by my 14 yr old in front of my 3 little ones. She scratched me up and pulled out some hair before I could get away. I also scratched her in the process of getting away. As soon as I could I got the littles into a bedroom and locked the door, I called 911. When the police... Read more »

Paul Waldron answered on Mar 5, 2017

You need to consult with an experienced juvenile court lawyer. If DCFS opens a court case, you may be able to seek the appointment of a public parental defender.

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Utah on

Q: i have a son who is now 18 but failing to do chores, get a job or pay anything for room or board. Can I kick him out?

Paul Waldron answered on Mar 5, 2017

Yes! However, if there is a court order of custody until he has graduated from high school or supposed to graduate from his regularly-matriculated class, there may be some kind of child support issue. Also, if there is some kind of guardianship order of your son, that would need to be considered... Read more »

1 Answer | Asked in Family Law for Utah on

Q: How good of a chance did i have of terminating my ex wifes parental rights?

My ex gave up rights to visitation. Gave me sole legal and physical custody. She doesnt have to pay support. Wife and i just paid a lawyer to terminate my ex wifes rights based on abandonment and file for adoption. She has not talk to or seen our daughter for over 6 and a half years.

What... Read more »

Paul Waldron answered on Mar 5, 2017

You state in your question that you have paid a lawyer to terminate your ex-wife's parental rights, which I assume is in the context of your current wife seeking to adopt your child. You must consult with you existing attorney, or specifically consult another attorney for a second opinion after... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on

Q: im 17 and live with mom i want to live with dad can i move out and live with him.

i live with mom and i hate it here i feel alout better at my dads, my mom treats me bad and i dont feel wanted and i was wondering if u move out and live with my dad and she calls a run away is there anything the cops can do if it is my choice to live with my dad and not ny mom i am 17.

Paul Waldron answered on Mar 5, 2017

You had better talk to a lawyer. We cannot answer this question in this forum, as it is too specific, cannot be generalized and should be subject to the attorney-client privilege.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Utah on

Q: I have a niece in Utah who is 17 she is getting ready to graduate, she wants to move with her dad to Missouri mom say no

I also just found out that her step dad got handsy with her, she went to her grandparents and told them, they told mom. Mom does not believe her but she did tell him to leave, she told her father but she will not let her talk to her dad without mom in same room she wants to know what she tells her... Read more »

Paul Waldron answered on Mar 5, 2017

Under Utah law, until a child turns 18 or emancipates, the child must live where any court order says the child must live.

Under Utah law, everyone must report any believable allegations of child abuse or neglect (including getting "handsy") to either law enforcement or the Division of...
Read more »

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