Get free answers to your Family Law legal questions from lawyers in your area.
My ex-wife and I have agreed to follow Section 30-3-35 in regards to parent visitation. Now she is throwing a fit because I told her that first part of Christmas break includes all of Christmas Eve and Christmas Day. I have told her that exchange should take place on the day half way through... View More 
answered on Jan 5, 2016
It appears that (2)(f)(viii) says 1 PM on the day that is halfway into the break and explicitly contemplates that parent having Christmas Eve and Christmas Day.
The person who is picking them up has a valid drivers license and insurance. He is their older step sibling who is coming down to visit us. I am asking for my husband
answered on Jan 5, 2016
It would depend on what the controlling custody order says about transporting the children. Even if the court order does not allow the ex-wife to be stubborn about who transports the children, if she had valid concerns, you might not get far by raising the issue with the court.
I would like to gain sole custody of my nieces children based on her negligence, filthy living conditions, mental abuse, etc.
answered on Jan 5, 2016
It sounds like you would need to file a petition alleging abuse and neglect with the juvenile court in the county where the children live. The relevant statutes are found in Title 78A of the Utah Code, Chapters 1, 3, & possibly 5. Seeking a lawyer's assistance would be wise.
As a... View More
My mom got permanent gaurdianahip of my kids i want them back based on their not bei g enough evidence for the decision and my mom terminated her parental rights on me in 2005 legally she has no legal rights to me or my children..
answered on Jan 5, 2016
Without more information, it is difficult to give you a good answer. It sounds like a court made a decision back in 2005. You would have needed to appeal that decision soon after, so I am guessing it is too late to appeal. Based on what the relevant court orders say, there may be other avenues. The... View More
My name is on the mortage. I work and we have a mutual bank account and both salaries go to pay the mortage. He asks me to pack and leave every time there is a fight. He is doing in front of the kids. How can I stop him from doing this. Is this considered abuse?
answered on Jan 5, 2016
Absent a court order, you both have equal rights to the house, though if the police are called, the officers may strongly encourage one or the other of you to leave. His actions may be considered abusive/domineering, but you have not explained the situation extensively enough for me to be sure.... View More
answered on Dec 2, 2015
1 pm on Christmas day. The rest of the holiday break should be equally divided.
I believe my son needs to see a doctor but his dad disagrees. He never wants me to take him to the dentist or doctor...not even for pressing matters. What can I do? Our order says we must agree on medical care.
answered on Nov 15, 2015
A judge would most likely order mediation in a case like this.
There is nothing in my divorce decree addressing this situation. I didn't even think about this having at the time. My children are 3 and 4 years old and I don't want them in this environment, especially because this relationship has proved to be very volitatile.
answered on Nov 15, 2015
The best thing you can do is modify the petition based on the volatile situation and your fear of the children's safety and best interests.
He ran away this is the second time he has ran while in state custady
answered on Nov 11, 2015
It depends on the specific case and whether or not he has a good home he can go to where he has family.
I need to know if the schedule changes for the holiday or remains the same as the usual schedule when the holiday is not acknowledged by the school. Does the parent whose holiday it is supposed to be still have the child for the holiday?
answered on Nov 5, 2015
Yes, (assuming there is nothing specifically to the contrary in the custody decree) the parent who is to have visitation on that holiday gets visitation whether or not the child goes to school on that day.
answered on Oct 17, 2015
Are you trying to give up your custody as a parent? I'll need a few more details to determine the specifics of your case to answer your case.
My daughter is 8 months old. I am on the birth certificate. We are still legally married we are in the process of getting a divorce. we are not living together. She used to let me see my daughter on my days off work. but she all the sudden stopped because she is paranoid that I'm going to... View More
answered on Oct 12, 2015
Call an attorney and they can help work with you get some temporary court orders that will allow you to see your child while the divorce is pending.
I've had insurance on my daughter since she was born 2007, I just did a revise with ORS for medical. I Was un aware that I needed to call them everytime my insurance has changed. Now they are making me repay her father because of it. For three years and stopping my child support even though I... View More
answered on Oct 6, 2015
It would be good to talk to an attorney to discuss your options. An attorney will be able to walk you through and help you with your options. If you have had insurance the whole time it seems like there is something that you can do.
I have been paying child support since 1997 in California. Child just turned 18. I Called the Child Support Services to figure out when my garnishments would stop and was told not until May of next year, due to the child still being in High School.
My original Child Support garnishment and... View More
answered on Sep 30, 2015
You can file for paternity to say the child isn't yours. If you refuse to stop paying you could be held in contempt and they could garnish your wages if a court thinks otherwise you should keep paying. You would need an attorney licensed in California to help you figure out what you could do.
answered on Sep 25, 2015
That's a loaded question as you want the whole process described. You would need to call an attorney to get a consultation for your options and the procedure.
I don't want to spend any money. I don't have any. My mom doesn't want to loose custody but I want my dad to have full custody. I'm currently living with my dad.
answered on Sep 22, 2015
What county are you in? Contact the Guardian Ad Litem's office for your county or contact DCFS for your county and ask to speak to a public Guardian Ad Litem and they will send you in the right direction.
answered on Sep 17, 2015
I wouldn't think so, but I'm guessing the custodial parent is demanding it. File a motion with the court that entered the custody order, asking that this specific question be decided.
My husbands divorce decree states he has his two boys 4 nights a month and that's what his child support is based on. For the past 5 yrs we have had them 13-15 nights per month. Can we get the child support changed to reflect having them about half the time?
answered on Sep 7, 2015
It's good to get an attorney on board for a situation like this. If there is a change in circumstance the child support can be changed, but you would need to consult with an attorney to talk about the specific facts of your case and your options. There are a lot of moving parts changing... View More
After I was married in 2002, I rolled all my pre-marital 401K and IRA funds into a new IRA that I set up. Later, about 2008, I rolled a post-marital 401K into the same IRA account. Does my husband get half of my pre-marital IRA/401K funds?
answered on Sep 7, 2015
If you earn anything before the marriage it is yours. However, if you co-mingle marital funds with pre-marital funds your spouse may have a legal argument to make a claim. It would be good to contact an attorney to help you see the way your account is setup and protect your pre-marital assets.
I'm on ap&p and ASAP drug court he is in veterans drug court
answered on Sep 7, 2015
A judge can issue a no contact order based on a criminal circumstance or a civil petition from the other party for similar criminal allegations.
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