Utah Recent Legal Answers from Lawyers

The person who petitions the court for a divorce is a "Petitioner". You infer that you are waiting for the court to finalize the papers. Understand that the court does not prepare paperwork. The petitioner has to do that. If you have further questions, or need help, please feel free to contact me directly. David R. Hartwig 801-486-1715... Read Answer

Without reviewing the actual paperwork, and obtaining answers to a number of questions, I have no answers for you at this point. There are a number of questions that must be answered first, such as where original custody orders are, the circumstances for the guardianship, the grandmother's contacts with Utah, and the child's contacts with Utah. If you want, I offer an initial 1/2 hour free consultation, where we could review these various issues. If you are interested, please contact me directly.... Read Answer

It would depend upon the type of visa you would apply for. An H-1B or L-1 visa could be approved as both allow for dual immigrant and nonimmigrant intent. A B-1 visa would likely be denied as it is a nonimmigrant visa. It is clear that the U.S. Government believes you have immigrant intent given you wee oreviously debied entry and had your visa cancelled and a subsequent application was denied. ... Read Answer

Yes, if the police can prove that you were driving, and under the influence of a drug or alcohol, even if the drug is prescribed. The failure to read you your rights means that you can exclude any evidence they obtained by questioning you. If they did not question you, or did not obtain any evidence for questioning you, it does not matter. In Utah, you can refuse the blood and breath tests, but your drivers is automatically suspended for a year.Most people submit to the tests. If you objected, you can raise that as an issue, but your license will then be suspended., if you win the argument. May not be the best result.... Read Answer

You say that the court ordered a paternity test, which means to me that you have a case at court (or was it through the state office of recovey services). You need to review that case with your attorney to learn what parent-time rights, and child support obligations, were set. Those orders would govern your case. If you do not have an attorney, you really should hire one to assist you. I have handle a number of such cases and know the complications that can arise. In that way, your fears can be addressed and if appropriate, orders set in concerning drinking and drug use. If you desire, I can assist you. Call my office for a free 1/2 hour consultation. As you are 16, you may want to bring a parent with you.   David R. Hartwig 801-486-1715... Read Answer

This is a common kind of question. This may answer your question, if you reside in Utah: *Utah Code 76-9-702.5. Lewdness involving a child. * (1) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of, a child who is under 14 years of age: (a) performs an act of sexual intercourse or sodomy; (b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area: (i) in a public place; or (ii) in a private place: (A) under circumstances the person should know will likely cause affront or alarm; or (B) with the intent to arouse or gratify the sexual desire of the actor or the child; (c) masturbates; (d) under circumstances not amounting to sexual exploitation of a child under Section 76-5b-201 , causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child; or (e) performs any other act of lewdness. (2) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection (2)(b) . (b) Lewdness involving a child is a third degree felony if at the time of the violation: (i) the person is a sex offender as defined in Section 77-27-21.7 ; or (ii) the person has previously been convicted of a violation of this section.... Read Answer

You say that the requirement is not in the current rental agreement. If so, then it may not be enforceable. But, what kind of agreement do you have? What is the term? Six months? Month-to-month? What? And, when was it last renewed? The answer to those questions could have extreme bearing on the case and your situation. You need to take your current lease, and the notice, to be reviewed by an attorney. I could assist you, if you want.... Read Answer

J-1 exchange visitors who are not subject to the two-year foreign residence requirement are allowed to adjust status in the US if they marry US citizens. After marriage, you could apply to U.S.C.I.S. through the filing of forms of I-130 petition for alien relative and I-485 application for adjustment of status to permanent residence along with other required forms and documents to the Chicago lockbox of U.S.C.I.S. and the filing fee of $1490. Processing takes anywhere from 6-12 months until you are both interviewed in connection with your immigration application.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

If you are challenging the additional replacement funds, what are those funds for? What were the covered losses? Were you required, by the decree, to carry the insurance? Without seeing the actual decree itself, or having answers to my questions, my guess would be yes, she is entitled to the insurance proceeds resulting from the loss of the vehicle. If you want, I may be able to assist by reviewing your documents, and the claim settlement.  ... Read Answer

That all depends on what the custody and parent-time orders say. You don't say if there was a divorce, or if there was a paternity action. If neither of the two exist, is there even an order addressing custody and parent-time? If not, then: 1.  You really need to get custody and parent-time orders in place, so that you know who gets which holidays; and, 2.  With no orders, you don't have to allow anything. If you do have orders, then the content of the order will control. I'd need to review the order in person, because even though statute recognizes Columbus Day, your orders may be different. If your orders are different, then the orders would control, and not the statute. If you have any questions, I'd be please to assist you.... Read Answer

That all depends on what kind of lease or rental agreement you have with the landlord. I would need to review the lease agreement, but the notice the landlord gave may not be appropriate. In the meantime, you may want to look for a new place to live, and we will figure out if there is anything we can do as, or after, you move. I may be able to assist you, if you so desire... Read Answer

This sounds like your daughter just recently purchased the property, which means that she may have some recourse against the seller. You and your daughter should gather your paperwork, and meet with an attorney to discuss these problems. Once you do that, you will be in a better position to know what to do next. If you wish, I may be able to assist you.... Read Answer

  You need to be very careful and ensure that you take steps now. to preserve your rights. You need to file an acknowledgement of paternity, which can take any one of many forms, including filing a court action for paternity now. My main concern, and the most dangerous problem, is that she does move before the child is born, and fails to advise you. Under Utah law, if to do not take any of the steps required to acknowledge paternity prior to mom consenting to an adoption, you lost your legal rights. And, her moving to another state, even if you simply attempt to file a form with the state, is not guaranteed -- in Utah, there is a recent case about a similar situaiton coming out of Colorado to Utah with dad having only signed an acknowledgement, mom came to Utah to have the baby, and dad had to go all the way to the Utah Supreme Court. But that case did not involve having filed a court case, which may well be a better option. The very best thing you can do is get with an experienced family law attorney. I have handled a number of these cases, should you want to contact me. ... Read Answer

You need to be very careful and ensure that you take steps now. to preserve your rights. You need to file an acknowledgement of paternity, which can take any one of many forms, including filing a court action for paternity now. My main concern, and the most dangerous problem, is that she does move before the child is born, and fails to advise you. Under Utah law, if to do not take any of the steps required to acknowledge paternity prior to mom consenting to an adoption, you lost your legal rights. And, her moving to another state, even if you simply attempt to file a form with the state, is not guaranteed -- in Utah, there is a recent case about a similar situaiton coming out of Colorado to Utah with dad having only signed an acknowledgement, mom came to Utah to have the baby, and dad had to go all the way to the Utah Supreme Court. But that case did not involve having filed a court case, which may well be a better option. The very best thing you can do is get with an experienced family law attorney. I have handle a number of these cases, should you want to contact me.... Read Answer

Great question, and one that comes up all the time. In Utah, the Code section that applies to your situation is Section 30-3-36(2). It reads as follows: 30-3-36. Special circumstances. (1) When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent. (2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent: (a) an itinerary of travel dates; (b) destinations; (c) places where the child or traveling parent can be reached; and (d) the name and telephone number of an available third person who would be knowledgeable of the child's location. (3) Unchaperoned travel of a child under the age of five years is not recommended. As you can see, Section 30-3-36 does *not* require the other parent's consent or permission for you to travel with the child during your custodial or parent-time periods. You are required to give the other parent information pertaining to when you are traveling, where you will go, and contact information for the child, but the other parent cannot prevent you from traveling with the child by withholding "consent" because her consent is simply not required. "That's all well and good, Eric," you may say, "but if she won't let me pick up the child from her house in time to make the flight to Anaheim, my legal rights aren't any protection this weekend!" True. So if you have enough time, you can file a motion for a writ of assistance, asking the court to issue an order to your ex to exchange custody of the child with you on your custodial/parent-time day that can be enforced by local law enforcement (i.e., the police of sheriff can physically force your ex to turn over the children to you). You will generally need at least 28 days between the day you file and the day of the hearing for this work, although if you have less than 28 days between now and your Disneyland trip, you could file your motion for writ of assistance on an "ex parte" basis, and hope that the court is sympathetic to your plight and sees your situation as necessitating issuance of a writ immediately.... Read Answer