Utah Recent Legal Answers from Lawyers

This is a question of fact, exactly how far things went with the lawyer. But, based on what you say, you refused the attorney's offer and never retained the lawyer. I'm guessing that no attorney-client relationship was formed between you and the lawyer. In that light, yes, your ex-husband can do that. Which means, you need to hire your own attorney, an experienced family law attorney to assist you in presenting your claims and defenses. And, your own attorney can review the actual facts of your question, and if appropriate, file to have that other attorney removed from the case.  ... Read More

In theory, if you successfully complete any reunification plan, you stand a chance of regaining custody. What you really need to do is to retain an attorney to assist you. If there are problems with non-compliance with visitation orders, then an attorney could assist you in having the same brought to the attention of the court, and perhaps ensuring compliance.  ... Read More

The simple answer is that you simply need to proceed with the process in the courts. You did not say where the divorce is at -- Utah or Philippines. If it is in Utah, your friend needs to retain Utah counsel and simply push the matter through the courts. I am in a position to assist your friend, if she is interested. Her being in Manila is not a major problem as almost everything can be handled electronically -- email, phone, and the like. David R. Hartwig 801-486-1715... Read More

Whenever I have had two experts disagree about competency, the court had invariably ordered a third evaluation. I would try to get the public defender's office to get a different attorney to represent me. If you can afford it, hire your own private attorneys usually have about one-third of the number of cases a public defender has, and are more likely to have the time to prepare adequately for a trial.... Read More

It's hard to answer completely without seeing the actual paperwork you received, but it appears that DCFS has asked you to come to court to explain to a judge why your children aren't in school. According to your paragraph, it appears that you are educating your children through a private school, but may not have done the appropriate paperwork to record that education with the state. You are asking whether transferring custody to someone else before the hearing would get you out of dealing with DCFS. Your solution may be simple - if you call the caseworker and explain about your schooling arrangements, and if the case worker agrees that the arrangements are adequate and can verify them through attendance records at the private school, the case worker may simply drop the case. If the case worker beleives that the private school isn't adequate for some reason (this will depend heavily on what you mean by "private school"), you may have to explain to the court why the private school is adequate for your children's education. Your proposed solution to transfer custody to someone else before the hearing isn't at all what I would advise. If you were to set up a temporary guardianship, for example, the state would still require you to be involved with the case - and may intervene in the guardianship to ensure that the children aren't returned to your care before you satisfy them that your children are being adequately educated. If the state doesn't agree that the guardian is appropriate, they could still explore foster care options. Even if you were to allow someone else to permanently adopt your children, you would only be transfering the case to their adoptive parents: DCFS is concerned about the best interests of your children first, and the rights of their legal parents second. My best advice is to retain counsel to help you deal with the DCFS case. Afamily law attorney with experience in this sort of case will be able to explain your paperwork to you, anticipate the actions of the state, and help negotiate an appropriate resolution for you.... Read More

I am very sorry to hear that your sister is having such difficulties and problems with her husband and in her home. From what you say, there are no orders in place (no divorce has been filed, or anything like that), which means that both your sister and her husband are custodial parents of the children. Unless there is some order defining specific custodial arrangments either parent can travel with the children -- and no kidnapping charges can be prosecuted. So, yes, your sister can travel with the children, but it sounds like she has, and will continue to have, problems with her husband. You sister should start thinking about what she wants to do about those problems, and whether she wants to continue living with the problems. Should your sister want to talk about her option, I can help. David R. Hartwig 801-486-1715... Read More

You are free to renounce your citizenship. Do you hold dual citizenship or possess a path to citizenship in another country? You can find step-by-step information on how to do so at https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html.... Read More

I am certainly sorry to hear of your difficulties, particularly as they have to do with problems with an attorney. There are time limits that apply, which are dependent on when you learned of the various problems or inappropriate actions. You should file any complaint as soon as possible after the event. But, understand that a bar complaint is not a claim for malpractice, and will not award you any potential damages that you have suffered. To obtain money, or other damages, you will need to file a malpractice lawsuit. Should you want to discuss that option, I offer a free initial 1/2 hour consultation. David R. Hartwig 801-486-1715... Read More

You appear to be confusing two different provisions; uninterrupted parent-time, and the right of first refusal. The first is your right to a two-week period where the other parent does not have any parent-time. The second is your right to care for the children when the other parent has to utilize surogate care. Ultimately, your decree will control. While statute has what it says, your decree may actually say something different. So, I'd need to review your decree to see exactly what is said. Having said that, in general the right of first refusal goes to surogate care, or day care. Again, in general, step-parents are not considered "surogates". Another question is, why would you take your two-weeks while you are working, rather than when you are on vacation yourself? You need to have your decree reviewed. I strongly suggest that you do that immediately. I can assist you. I offer an initial 1/2 hour consultation for free. If you are interested, please call for an appointment. David R. Hartwig 801-486-1715... Read More

I am sorry to hear that you are in such a mess, and that you are having the problems and difficulties you raise. The short, and simple, answer is -- maybe. That is because there are a number of facts that need to be explored and addressed. The first is the four-year statute of limitations. I raise that because you state that these issues have gone on for several years. So, the issues will depend on when you actually learned of the errors. Also, you say you have a new attorney. When did you hire the new attorney, and how much did he participate in the case? The best advice that I can give you is to actually sit down with an attorney who handles legal malpractice, and review the case and associated facts. You may very well have the bases for claims, but from your brief statement I cannot be sure. I am currently in a position to accept such a matter, should you so desire. I offer an initial 1/2 hour consultation for free. If you are interested, please call my assistant this coming Tuesday morning to set an appointment. David R. Hartwig 801-486-1715... Read More

Quite generally, the simply answer to your question is "no", you cannot obtain injunctive relief to halt the problem and require that the assessments be redone. You could file a lawsuit seeking declaratory judgment voiding the errors and requiring a recalculation. If you are interested, feel free to contact me.... Read More

First and formost, you should get an expericned attorney to assist you. You describe domestic violence, and the same in front of your child, which is child abuse. You state that your lawyer made some offer, but you do not know what it was. You have the right to know, and if your lawyer is not helping you, or explaining things to you,  you should move. on. There are many things you may be able to do to obtain full custody. But you need to act quickly and assert your rights. I offer a free 1/2 hour consultation, should you want. No matter what you do, you need to get an experienced family law lawyer to protect your daughter's, and your, rights. David R. Hartwig 801-486-1715... Read More

Hire an attorney to bring an order to show cause as to why that person should not be held in contempt, sent to jail or fined for violating the stalking injunction. Document with the police the injunction violations, so the prosecutor may bring charges.  Violating a stalking injunction is a Class A Misdemeanor.   Jake Gunter ... Read More

It sounds as though you may benefit from an expungement, rather than a pardon. An expungement removes the crime from your official government records and allows you to tell people and employers that you've never been convicted. There may be limitations, however, depending on your individual circumstances. For instance, to expunge a felony conviction, you must wait 7 years after you were released from prison, probation, or parole. There are also certain crimes - like violent crimes - which are ineligible, and additional crimes on your record could disqualify you. More details can be found here: https://www.utcourts.gov/howto/expunge/. An experienced criminal attorney can help you to figure out whether you are eligible for expungement based on the details of the crime, your criminal history, and the length of time that has passed.... Read More

Recent changes in the law have given parents greater rights that can overcome even natural and legal grandparents' rights. This makes it vastly harder for loving grandparents to develop a relationship with their grandchildren when the parents don't approve. In order to sue for grandparent visitation over the parents' objection, your parents must first be able to prove that that your children would experience substantial harm if they don't have a relationship with your parents. If, for example, your ex and her husband are abusing or neglecting the children, your parents might have an argument that their positive influence and supervision is needed to counterbalance the negative effects of their home environment. Keep in mind, however, that this can be a very hard burden to meet. An experienced Family Law attorney would be able to give more specific advice after hearing all the details of the children's home environment, etc. You may find it beneficial to consult with an attorney who can help your parents negotiate with your ex and her husband for some level of involvement in your children's lives. Are they willing to accept presents? Letters? Should the grandparents avoid certain topics? Can they at least stop by once a year? While parents don't have to have a great reason to keep individuals - even grandparents - away from their children, a skilled negotiator may be able to help them communicate with the parents and perhaps come to an arrangment that will benefit the children without infringing on the parents' rights.... Read More

You are asking a complex question in that any easements on the property should have been recorded and identified at the time of the sale of the property, that is when you obtained it. As to what the builder is saying or doing, digging into the deeds and title, including listings of easments need to be reviewed, as would the contract with the builder. Overall, a detailed review of your documentation is required before any real opinion can be espressed. I may be able to assist you, if you want. David R. Hartwig 801-486-1717 hartwig-law.com... Read More

To begin with, the lease or rental agreement needs to be reviewed, as it will control. Generally the extra charges you mentioned are not part of such agreements. You might have some claims and defenses if the landlord did not comply with statute and provide you with the appropriate itemizations and notices. The best thing to do is get together with an experienced attorney and go over all of the facts and details. I may be able to assist you, if you wish. David R. Hartwig 801-486-1715 hartwig-law.com... Read More

Depending on all of the land and property held by your father, you will need to either file a probate matter, or at least prepare an estate by affidavit to clear title of the property and to establish your rights. The best thing to do is get together with an experienced attorney to assist you. We need to learn whether your father had a will or a trust, and if so, what those documents say. If not, then the current wife may be entitle to 1/2 of all of the property, and depending on the values of everything your father may have owned, then you might be able to get title cleared very easily. In any event, get together with an experienced attorney. I could help you, if you want. David R. Hartwig 801-486-1715 hartwig-law.com... Read More