Lawyers, Answer Questions  & Get Points Log In
Utah Family Law Questions & Answers
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
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 »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Utah on
Q: My boyfriend turns 18 in December but will still be in highschool, can his mom stop him from moving in with me?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

Absent a court order, the mother of your 18 year old boyfriend cannot stop him from moving in with you. If there may be financial or other consequences, that is a different situation.

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Q: Due to health issues now i have joint custody with my parents how do I give them full? Do I have to go to court? Utah

Father of child in jail no custodial rights. In jail in another state for abuse of child and attempt murder of mother. Never married

Paul Waldron
Paul Waldron answered on Mar 5, 2017

This is a very difficult question that is very fact specific. You need to seek the advice of a lawyer to discuss the particular facts of your situation, as it may not be necessary or in you or your child's best interest for you to have your parents have "full custody" in order for you to achieve... Read more »

1 Answer | Asked in Family Law for Utah on
Q: My ex wants to pay less for health insurance now that my new family is on my plan.

When I got divorced I carried my 2 kids on my insurance plan. It goes in 3 stages. Individual, +1, and family. So we took the family price and minus the individual price then divided it by 2 and got our price we split. I have since got married and added my wife and her 3 kids to my plan and I still... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

In Utah, the correct formula is to take the entire amount of the insurance, regardless of the various pricing structure, divide it by the number of people covered (including your new wife and 3 kids), multiply that number by the number of children with your ex-wife covered by the plan, then divide... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Q: My husband and I are getting married next month. Im the only one working do i have to pay child support?

He has 4 other kids with 4 other woman. He dont have a job and he is incarcerated. He does not plan on working for the rest of his life. I always work. Will I end up paying child support? If I end up paying child support is there anyway I can have custody if the child if the Mother is living off... Read more »

Paul Waldron
Paul Waldron answered on Mar 5, 2017

In Utah, a spouse is not liable for a new spouse's child support obligation. It is unlikely that you can obtain custody of a step child on the basis that the natural mother with custody of the children is living on government support. You will need to consult with a Georgia lawyer to learn more... Read more »

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Utah on
Q: Is there a way to enforce a protective order that was filed fraudulently/purgery? It was denied by Judge, but still....

I left Utah for IL a few days ago with my emotional all support cat. I tried to let my husnand know but he refused to answer hus phone or texts. I sent him this text (about leaving the next day) "Ok. Well when tomorrow rolls around, I apologize in advance. I love you and what you're doing is not... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Feb 26, 2017

This is a Family Law question. Please re-post it there.

1 Answer | Asked in Family Law and Military Law for Utah on
Q: I want to see if I can get extra time with my son. I had to move due to military, and I am in a different state.

It's costly to see him one weekend a month. And if we ask for extra time she tries to take it out of summer time. I would like to see if I could get more time in the summer. My current partner and I have a little boy together and my son doesn't get to spend the time that both we and he would like... Read more »

Patrick Korody
Patrick Korody answered on Feb 20, 2017

You should contact a family law attorney in the jurisdiction that has control over the timesharing agreement to seek a modification based on changed circumstances.

1 Answer | Asked in Domestic Violence and Family Law for Utah on
Q: Child being bullied by non-family adult but no threats of violence.States honor each others Restraining orders?

My friend's 14 year old son is bring harassed and bullied by a parent of another child at the competitive video game tournaments they both attend and also by the woman's son online. My friend has also been harassed by this woman. Things are getting ugly but no threats of violence. Just want to... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 20, 2017

This may constitute a crime of harassment of a minor, a misdemeanor in CA. See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.6.

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the tournament's...
Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If a holiday weekend falls on the same parent's parent time weekend, but the weekend is longer, which takes precedence?

For example, if a parent's winter break time ends on a Monday at 7pm (per statute), and it's the same weekend of that parent's parent time, except that the parent time weekend ends on Tuesday, can that parent combine the holiday with their weekend, thus returning the child(ren) on Tuesday; or, does... Read more »

Billie Crocker
Billie Crocker answered on Feb 6, 2017

I believe you can return the children in this example on Tuesday.

UCA 30-3-35 says:

(c) holidays take precedence over the weekend parent-time, and changes shall not be made to the regular rotation of the alternating weekend parent-time schedule;

(d) if a holiday falls on a...
Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If my daughters dad took my daughter and won't give her back.

Neither of us have custody she lives with me we were never married don't I have sole custody?

Christopher J. Salcido
Christopher J. Salcido answered on Feb 1, 2017

No. You don't have any court orders yet. You need to get into court asap.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Does she have legal recourse if I don't pay?

My kids mom is attending school and asked my wife and I for help with childcare last year and we rearranged our work schedules at a cost to us, to accommodate her classes. This year she added some classes/ days and has again asked that we help. We agreed to help but asked that she pay $5/wk for... Read more »

Christopher J. Salcido
Christopher J. Salcido answered on Feb 1, 2017

The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at... Read more »

2 Answers | Asked in Adoption and Family Law for Utah on
Q: Will my son have to pay back any medicaid/welfare payments owed to Utah if his son is adopted by his stepdad

The government just took his income tax return to pay back child support but he wants to know if he will still have to pay back the state of Utah for any welfare received by his sons mom for him. He is literally kept in poverty with all the child support he has to pay. He can not even afford to pay... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 31, 2017

if your son cannot reasonably afford the support, he should seek a modification of child support (presumably in Utah). Adoption does not normally transfer liability to others, but comingling ownership of assets (this can include tax returns listed as a dependent) can be levied for support payments.

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for Utah on
Q: If you have been charged with a sex crime can you have possession of a firearm?
Brian K Jackson
Brian K Jackson answered on Dec 10, 2016

You have to be convicted of the crime. If you are just charged the judge may enter restrictions on bail but not likely. If you are convicted, most crimes have it to where you can't possess a firearm under federal law.

1 Answer | Asked in Family Law for Utah on
Q: Divorced w/ kids in Idaho. Now we all live in Utah. Does Utah claim jurisdiction now? (lived here over 6 months).

Just trying to see if need to do a foreign order first in this process to change parenting plan. Thanks!

Brian K Jackson
Brian K Jackson answered on Dec 10, 2016

Utah has jurisdiction but you will need to transfer the Idaho decree to Utah.

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: What are my options?

My son's father has never met, spoken to, or been involved with our son. Very rarely pays a small amount of child support (I have a child support case open). He participated in paternity testing, and it's proven he's the father. My son is 2 and his father has moved to 2 different states since he... Read more »

Brian K Jackson
Brian K Jackson answered on Nov 21, 2016

Yes there are a few things you can do. Also, if you were never married would help determine how hard or easy the process will ne.

2 Answers | Asked in Adoption and Family Law for Utah on
Q: Will it be easy to have my husband adopt my kids?

I have 3 kids from 2 different father's. My teenage daughters are from a dad who doesn't pay child support and lives in Kansas. He has not had any communication with them for 5 years since he got remarried. And my son who is 8, his father is incarcerated. Does my situation require a lawyer, or... Read more »

Brian K Jackson
Brian K Jackson answered on Nov 21, 2016

There are a lot of hoops you have to jump through with adoption and need the right paperwork. You first have to terminate the rights of the father and then you have to go through the procedure and requirements necessary to qualify for an adoption.

View More Answers

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to her... Read more »

Paul Waldron
Paul Waldron answered on Nov 2, 2016

This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... Read more »

1 Answer | Asked in Estate Planning and Family Law for Utah on
Q: my trust fund was fraudulently taken from me from my mother when she forged my signature. What to do??
Paul Waldron
Paul Waldron answered on Nov 2, 2016

I think your best solution would be to report this issue to law enforcement to investigate.

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: If a 16 yr old boy had sex with my 13 yr old daughter what type of charges can I press
Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

The state can charge criminal charges for the action. You can sue for civil damages and receive compensation for your daughter's pain and suffering.

1 Answer | Asked in Family Law for Utah on
Q: I have been the registered owner of a vehicle and paid for all the maintenance and insurance. she bought it who owns it

The title is in both our names, we are splitting up and now she want to keep the vehicle. She bought it so I could go back to work.

What I've spent on tires, insurance, registering and testing the vehicle is more than what she bought it for.

can I claim legal rights to the vehicle?

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

Are you married on were never married? I assume you aren't. If you are on the title then you have a legal right to. The question is now what kind of agreement you can come to split the vehicle. What you put into the vehicle are good factors to consider.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.