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Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and... View More 
answered on Aug 2, 2020
This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not... View More
I did not loose my Parental rights & they are telling her this is what I'm to do now to get my kids back is this right? What do I file?
answered on Jul 29, 2020
The answer to your question will require more facts to answer specifically. I suggest that you consult with an attorney on this issue. Here is some general information that may be helpful:
1. Generally speaking jurisdiction over minor children falls under the UCCJEA. The UCCJEA generally... View More
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... View More
answered on Jul 27, 2020
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... View More
My girls are 14 and 16. They are flying and staying in Florida for a week. I object to this, but is there any legal way for me to stop him from putting them, and my family here at risk?
answered on Jul 10, 2020
No. Even if you could get a hearing scheduled, which is unlikely, I cannot imagine a court enjoining your husband from travel with the children which is otherwise allowed by the existing agreement.
Side note: there have been virtually zero deaths in patients under 21. Unless your family in... View More
Both looking for easiest and cheapest option to complete this, No children or assets, just need to get done.
answered on Jun 23, 2020
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.
For info on how to go about this?? Thank you
answered on Jun 17, 2020
You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.
answered on Jun 10, 2020
Are you just looking for a copy of a judgment? Send me an email so we can talk. William@melton.law
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... View More
answered on Jun 4, 2020
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... View More
Daughters dad has had no contact, but after several attempts to reduce child support, has now filed a joint custody petition, and served it on me.
First, he did not serve me rule 109, which was granted. Second, he did not include his statement of goodwill as required, with his petition... View More
answered on Apr 28, 2020
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... View 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... View More
answered on Apr 10, 2020
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... View 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... View More
answered on Apr 1, 2020
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... View 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.
answered on Mar 5, 2020
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... View More
She never told me & I was in a treatment center while i was in there she took my mail which had the letter from the court so I missed the court date & now I need to know what to do to get my kids back
answered on Feb 18, 2020
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... View 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... View More
answered on Feb 16, 2020
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.
Generally speaking,... View More
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... View More
answered on Feb 7, 2020
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... View 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... View More
answered on Jan 29, 2020
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... View 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... View More
answered on Jan 13, 2020
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... View 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... View More
answered on Jan 3, 2020
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... View 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... View More
answered on Jan 3, 2020
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... View 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... View More
answered on Dec 26, 2019
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... View More
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