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... View More

I suggest contacting a family law attorney. Jurisdictional issues involving different states can be complicated in child custody disputes. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) defines the term as the state in which the child lived with a parent for at least six... View More

Unfortunately, you have little recourse without an order from the Court. I presume the child lives in Utah with the other parent. If you truly cannot afford the court fees, you can request a waiver. I would refer you to utcourts.gov and look at the self-help section for family law.

You really, REALLY need an attorney on your side. If you have not contacted Utah Legal Services to see if you can get pro bono assistance, you truly should . . . Monday. A guardian ad litem SHOULDN'T favor a party who pays over one who does not, but that doesn't mean it might not happen.... View More

If there is suspected child abuse or neglect, the proposed guardian could first report the suspected neglect to the Utah Division of Child & Family Services (DCFS). Call 1-855-323-DCFS (3237). A minor can also contact a school counselor or other adult to self report possible neglect. The school... View More

Contact UtahLegalServices.org and see if they can refer you to a pro bono (no fee) attorney in or near Tooele. Alternatively, could you convince your mom (unless step dad has adopted you, he really doesn't LEGALLY get a say in the matter) to sign over temporary guardianship? If you cannot get... View More

There are two privileges potentially involved here: the marital privilege and the privilege against self-incrimination. The marital communications privilege is governed under Utah Rule of Evidence 502. Rule 502 states that a confidential communication is "made privately by any person to his or... View More

You will likely be hard-pressed to find an attorney willing to give you your chances. I will tell you that the request, based on the extremely limited amount of information in this Ask-a-Lawyer post, is reasonable. If you are willing to actually be responsible for taking care of the children 50% of... View More

If you have a custody agreement in Arizona, you need to file for a modification. If the father has primary custody and is homeless, it will be difficult for him to argue the child would be safe in his care. You could also file a complaint with child protective services when you file your petition... View More

Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.

Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.

Unless there are accusations of domestic violence, it is always a good idea - during separation, while the divorce is pending, and after the divorce is finalized - to keep the other parent informed of any change in address or phone number. Your marriage may be ending, but you are stuck with your... View More

Most divorces settle prior to trial. You should have your attorney request the records in discovery. They could be useful in negotiations. Unless you can prove she used marital assets to support her infidelity (gifts, travel expenses, money spent on hotels), you will likely not be able to alter... View More

A person other than a biological parent, such as a grandparent or a step-parent, may petition the court for custody and visitation of a child in Utah. But there must be special circumstances for the court to award custody and visitation to a person who is not a parent.

Utah Code Ann. sec.... View More

Hi. Happy to help, but first need a little more information. I'm assuming this is for a pending divorce action. If so, you should have received a Motion for Temporary Relief as well as other supporting documents. That Motion will outline the relief being sought.

We have a video... View More

Yes, but . . .

Operating under the assumption that you have joint legal as well as physical custody, it was inappropriate for your ex-husband to allow your minor child to be tattooed without your knowledge or consent. A couple of questions come to mind. 1) What is the battle worth to you?... View More

Regardless of what was SUPPOSED to have happened, you should take an active interest in this case if you are willing to take custody of your oldest son. If you are NOT willing to take custody and just have hurt feelings because you were not notified, I believe you are out of luck. Hopefully you... View More

It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.

The first step, in my opinion, would be to have a conversation with the child's father,... View More

Utah law only requires one party to the conversation be aware a recording is being made, so, yes, you may legally record the conversations with or without his knowledge. As far as helping your case, requesting the appointment of a guardian ad litem would probably be more advantageous than your... View More

You would need to file a petition in Juvenile Court. See https://www.utcourts.gov/abuse/child.html for the form or seek advice from a licensed attorney who practices in the Fifth District (Washington and Iron Counties).

What you are asking is highly complex and the correct answer is fact dependent. Please have your sister contact our office so we can discuss the same. Phone #801-546-3874.