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Utah Family Law Questions & Answers
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... View 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... View 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.

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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... View 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... View 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.

1 Answer | Asked in Contracts and Family Law for Utah on
Q: How does splitting a loss on an ATV work with an ex who is not cooperating when we have a signed agreement?

Hi there. My ex and I split up (we were not married), and financed an ATV together that we are going to sell. I am the only one on the loan, but we are both on the title. Him and I have a written, signed agreement that we will split the loss we take on it once we sell it. As most break ups seem to... View More

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

Yes is a small claims matter. Depending on the agreement and the relationship with the loan, it would most likely be enforceable. Probably a good thing you did that since you aren't married.

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Utah on
Q: How can I care for my sister?

My dad is an over the road driver and my sister wants to live with me rather than stay with his wife. Our parents are divorced and both parents are ok with this but neither live in the state. He is the custodial parent.I also don't have money for a layer due to just having a baby.

Clinton R. Brimhall
Clinton R. Brimhall
answered on Aug 26, 2016

With your parents on board with this, I'm not sure I understand the difficulty you are facing.

1 Answer | Asked in Family Law for Utah on
Q: Can my ex tell me who I can use as a daycare provider during my parent time? She was OK with my fiance, but now says no

We have joint legal custody, the decree does not say anything about who can provide daycare. She was OK with him staying with my fiance, but now she wants me to use a daycare provider that charges us money rather than staying with my fiance in our house. She says nothing happened to change her... View More

Clinton R. Brimhall
Clinton R. Brimhall
answered on Aug 26, 2016

Even though you have joint legal custody, it could be that one of you has final decision-making authority. If she has final authority, you may not have a choice. If you do, it may be up to you. Without seeing your decree or parenting plan, I cannot know for sure. I am guessing she is responsible to... View More

1 Answer | Asked in Family Law and Real Estate Law for Utah on
Q: My ex wife is selling the marital home. The buyer is her husband now. Is that legal in the state of Utah.
Clinton R. Brimhall
Clinton R. Brimhall
answered on Aug 26, 2016

If she is violating the terms of the divorce decree or mishandling an asset that is held in a trust, that might be problematic. Otherwise, I am doubting that there is a problem.

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: If I was served for child custody and I've been full time taking care of my son and they try to serve me what will happe

And I moved to a different state what is going to happen can they get full custody.

Clinton R. Brimhall
Clinton R. Brimhall
answered on Aug 26, 2016

Once you've been served, the court case will go on with or without you if the opposing party pursues it. Thus, moving to another state and ignoring the case after you have been served would be a bad idea. Moving to another state stop the opposing party from serving you or asking the court... View More

1 Answer | Asked in Family Law for Utah on
Q: My ex is in prison. He is petitioning the courts to require me to take our daughter in to visit him. Can that happen?

He was extremely abusive and continues to be violent. She is 8, has never met him, he has spent all of her life in custody of the state and will remain in prison until after she turns ten. Should I be concerned?

Lorelei Naegle
Lorelei Naegle
answered on May 18, 2016

While every custody case varies and it depends on many factors and evidence presented at a trial, the Court will always decide this type of issue based on the "best interest of the child". You should know that the general default rule in Utah is that every parent should be entitled to... View More

1 Answer | Asked in Family Law for Utah on
Q: In need of a pro bono attorney or lawer for low income. My mom's trying to take my daughter from me.

First off, I apologize for the mispelling of lawyer above. My mom's attorney is making accusations that are not true. He is using my past against me. I completed my Dcfs case on 2010 and he is trying to get judge to give my mom custody because of that. He's interrogating me so bad that I... View More

Lorelei Naegle
Lorelei Naegle
answered on May 18, 2016

Each Judicial District (Salt Lake is 3rd District) has its own pro bono resources. Check the Utah Star Bar's website at utahbar.org. The other program you may want to look into is Modest Means (information also on bar's website), which matches low income clients with attorneys willing to... View More

3 Answers | Asked in Family Law for Utah on
Q: Where can I find the Utah state statue stating that I have the right to know where my children will be going for daycar?

Also, don't I get first dibs if I can watch them?

Lorelei Naegle
Lorelei Naegle
answered on May 18, 2016

The only statute dealing with child care is in regard to sharing of child care costs. It is Utah Code Ann 78B-12-214, which states that in order for the parent who is incurring the cost of daycare to get reimbursed, he/she needs to provide verification of payment (including the name of the day care... View More

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1 Answer | Asked in Family Law for Utah on
Q: 1) Can one parent pay the entire cost of health insurance premiums for the child?

2) When stating the alternative tax year exemption for the child involved, what constitutes odd and even years? Does the year you earn the income or the year you file the tax return?

Samuel Sorensen
Samuel Sorensen
answered on Apr 27, 2016

1) Yes, although the default provision in Utah law provides for the parties to split the cost of insurance.

2) Good question, it is usually the tax year. So, if you are filing your 2015 tax return in 2016, that is an odd year (because it is the 2015 tax return).

1 Answer | Asked in Family Law for Utah on
Q: Can I "the boyfriend" be drug tested at my girlfriends custody court date with her ex? We live together but not married

The info is all in the question the only other info , is that I have 2 kids of my own and she has 1 son, if her ex argued that I was a drug abuser would I even have to take a test if I could prove that I've raised my kids on the time I have with them and my ex have arranged with no problems... View More

Samuel Sorensen
Samuel Sorensen
answered on Apr 27, 2016

It is possible. Since you are around the children regularly (as you live with them), your conduct and character is an issue in the custody determination. You should keep yourself out of trouble and then it won't be a problem, even if they do order a drug test (which would be unlikely unless... View More

1 Answer | Asked in Family Law for Utah on
Q: can I contact the judge to let him listen to a voicemail left on my phone?

My ex husband and his lawyer left a message on my cell phone today, they didn't hang up and you can here his lawyer state since we can't get her going over the fact your suing her that little message I left should.... My ex asks if he "his lawyer is sure the judge will rule in his... View More

Samuel Sorensen
Samuel Sorensen
answered on Apr 27, 2016

Short answer, no. You cannot have communications with the judge outside court. Depending on the nature of the voice message, you may be able to submit it as evidence to the Court. However, it may or may not be relevant depending on the issues in your case.

1 Answer | Asked in Family Law for Utah on
Q: Can I get custody of my daughter even if I'm not the biological father?

Me and my ex split but she was pregnant when we got together she wasfour months pregnant when we got together I was there till birth I cut the umbilical cord I was there the two nights we were there I bought the child close bottles formula anything she needed by now that me and my X-Play I... View More

Samuel Sorensen
Samuel Sorensen
answered on Apr 27, 2016

I'm sorry to hear about your situation. Unfortunately, you don't have a great case to get custody of the child as you don't have any biological connection. You could initiate a contested adoption case, but that would require that your ex's rights to the child be terminated. I... View More

1 Answer | Asked in Family Law for Utah on
Q: do grandparents have to have consent from both parents to take child on trip outside state?

father lives with his parents and has temporary custody. He allowed his parents to take our child out of state without even talking to me about it before hand. when I clearly stated I was not in agreement with it, father acts like I have no say and he can do what he wants. What can I do about this?

Samuel Sorensen
Samuel Sorensen
answered on Apr 27, 2016

The answer to your question really depends on what you mean by "temporary custody". I am assuming that you and your child's father have joint legal custody, which would require that he notify you of the trip.

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