Utah Recent Legal Answers from Lawyers

Has your husband ever filed a paternity action to have custody determined? If not, then that is where he needs to start. If he has, then he needs to file a petition to modify the current custody orders. It is very important to learn why the daughter does not want to return, and that needs to be done in a gentle open conversation without leading her answers. What has she talked about? What has she volunteered as to her reasons? As the daughter is only with you for the summer, your husband needs to get moving forward on this, and not delay. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your child.
 David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I hear your pain and your frustration. You may have options against the mom to hold her in contempt for not assisting you. As to the school, I am more dubious as, in general, the school is not a party to the action, and hence there is no order against the school. I'd have to see the custody orders to be sure on this point. There may be an option against the administrator, in light of the relationship with the ex's family. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

Arguably, he might be able to challenge her claims. But, let me ask, why isn't he concerned about this? Legally you are not involved in this and it would be solely his case. Your situation involves major factual and procedural issues. These are issues that we can discuss. If he is interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If he wants to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

Arguably yes you could. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

You say you have pending cases, and some kind of a hearing on July 6. You had best get with an experienced attorney to assist you. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

From what you are saying, there are at least two matters pending, or 2 cases. Without knowing what the cases are about, or why one judge is involved in a different case, I cannot even guess what is going on. I'm going to need a lot more detail. If there was a protective order, or some such injunction, the signing judge might be able to do something like that. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

You will need to attend and be prepared to present evidence. If the other party does agree to have the case dismissed, then things MAY be simple. Depends on the judge and the other party. Your situation involves major factual and procedural issues, with potentially nasty consequences to you. These are issues that we can discuss. I f you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your reputation.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

It may be possible -- eventually. But, as you have waited four years, probably unlikely right now. Sounds like you never established your legal rights, and that is an error and a problem. You will probably need to file for any custody or visitation in Florida, since the children appear to have been there for 4 years.... Read Answer

An order to show cause why you should not be held in contempt of court will be issued. If picked up on the warrant, you will be held in jail until your case is brought back before the judge. At that time, if it is a first order to show cause, you will be placed on probation again, and ordered to report to probation.... Read Answer

An action to quiet title is a lawsuit that is filed with the court to determine appropriate ownership of the property. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

The basic cost actually depends on how complex things are, and how you want to handle your property. Assuming a simple estate, my average "simple" will costs between $300 - $400. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

From what you say, your wife filed in Utah, your children, house, and the like are all in Utah. That means that it is a Utah divorce and you will need a Utah attorney. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; As you are outside of the Salt Lake area, we can handle all of this by phone, and I can handle almost the entire matter via email or phone. Don't wait any longer, give a call and let's getting working to protect your rights to your children, your house, and the rest of your property.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

From what you say, all of those issues existed before you were married, and you only found out about them since you married, correct? How long have you been married? When, and how, did you learn of these issues? You may have a basis for an annulment, though I'd have to explore the actual facts in more detail. So, you could file for an annulment, and possibly have it granted. One option I usually suggest is to file for an annulment, or in the alternative, a divorce. In that way you don't have to refile (with all the extra costs) for a divorce if the annulment is denied. As noted, your situation involves major factual and procedural issues. These are issues that we can discuss in detail. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your lifestyle and your credit rating.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

The answer depends on the fact and what is going on. If the settlement is solely for the wife's injuries probably not. That doesn't mean you are totally out of luck. Part of the settlement might be for property damage, and was the property marital? Is part of the settlement lost wages, which might be considered marital property? So, there are some areas of grey to be illuminated. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone. Don't wait any longer, give a call and let's getting working to protect your potential financial issues.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com  ... Read Answer

Thank you for your inquiry. I am assuming that the 3 hour drive will end up being over 150 miles distant. With that in mind, the long distance statute would apply, and you can change the parent-time arrangement by way of a motion. I understand that you want to see about reaching an agreement, if possible, which I support. It is always better to have an agreement then go to court and have a decision forced upon you. But first you should learn about what is involved with the long distance parent-time, what statute says, and how the costs of parent-time can be addressed. You should do this before you start discussions about any new agreement. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children and your parental rights.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

If you have lived here for at least three months, then you can file here. But there are other questions: are there children and where do they live and for how long; is there a house or other real property If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to move forward with your divorce.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer