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Utah Family Law Questions & Answers
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
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
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
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... View More

Paul Waldron
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
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... View 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... View More

Paul Waldron
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... View 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
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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View More

Aric M. Cramer
Aric M. Cramer
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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&sectionNum=647.6.

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the...
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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... View 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...
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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
PREMIUM
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... View More

Christopher J. Salcido
PREMIUM
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... View 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... View 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.

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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.

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