Utah Child Custody Legal Questions

He should be able to do that. If your son can simply add his own son to his existing medical insurance coverage, and do so for less than $400 a month, the court should allow him to do that. But your son cannot act on his own, without approval of the court. if I were him, and I wanted to have the court approve covering my son to my existing insurance so that I don't have to pay $400 a month for a different insurance policy, I would file a motion with the court asking the court to issue an order granting my request, and I wouldn't disobey the court's order to pay $400 a month until I had a new order.... Read More

You would do this through a will, with each of you designating who would become the guardian or guardians of your children should you both decease. You should also consider who would be the conservator, that is the person who would administer the children's money. This could be the same person as the guardian, or could be someone else.... Read More

Was the child determined a special needs child.? Why has the mother not sought a guardianship and file for the child to receive SSI benefits on his parents account?? If the court ordered support to go beyond the child's 18th birthday, then there had to be findings and a reason.? Support stops when the child is of age and responsible for him/herself.? In your question the child may never be so responsible, but there are ways for the child to have benefits that are not in the form of support.? Review your Child Support Order.... Read More

Parent time is not dependent on the payment of child support and child support is not dependent on parent time. Your husband has the obligation to pay child support whether or not he sees the children. Similarly, he has the right to see the children whether or not he pays child support. You may have valid reasons for asking for restrictions on, or supervision of, his parent time based on his recent DUI and his history of alcohol abuse. You will want to obtain an order regarding custody, parent time and support on a temporary basis. If you already have such an order, you may want to consider modifying the order regarding parent time based on the DUI incident.... Read More

I don't know that you will be liable for back child support until it is proven. On the other hand you are the father and in my mind, that means I have obligations to the child and rights to the child regardless of my relationship with the mother. If you want to be an upstanding man, you will ask for a paternity test, be proud to pay child support and be in the child's life.... Read More

When you are 18, you can strike out on your own, financially, morally, etc. You do not need any emancipation process other than turning 18. You may have trouble renting an apartment due to no credit history, and decent paying employment with only a HS education, assuming you have finished HS at age 18, may be difficult to come by. Yet, there are store clerks making 500 a week, and cable pullers in unions making that much or more. If you land a state or local govt. job the pay may be somewhat less depending on the job and your jurisdiction, but many govt. jobs have decent benefits toward retirement and health insurance. Best wishes as you enter adulthood.... Read More

After 18, there are no steps. You are an adult and you can sink or swim on your own. But if you go out on your own, don't expect any help from your parents because they don't owe it to you. Perhaps you are in a situation where they don't provide support, so it won't be different. But if they do, you may very likely lose that.... Read More

I presume that your parents will not allow you move out of the house. In that case, you, as a minor, do not have the legal right to move out of your parents house, and if you do they can have you arrested and placed in a juvenile detention facility. For minors who live in an intolerable home environment, they can petition the court to be legally emancipated from their parents and allowed to live independently. Utah Code, Title 78A, Chapter 6 governs the emancipation of minors. Utah Code Section 78A-6-801 provides, in part: (1) The purpose of this part is to provide a means by which a minor who has demonstrated the ability and capacity to manage his or her own affairs and to live independent of his or her parents or guardian, may obtain the legal status of an emancipated person with the power to enter into valid legal contracts. Accroding to Utah Code Section 78A-6-803 (Petition for emancipation): (1) A minor may petition the juvenile court on his or her own behalf in the district in which he or she resides for a declaration of emancipation. The petition shall be on a form provided by the clerk of the court, and state that the minor is: (a) 16 years of age or older; (b) capable of living independently of his or her parents or guardian; and (c) capable of managing his or her own financial affairs. (2) Notice of the petition shall be served on the minor's parents, guardian, any other person or agency with custody of the minor, and the Child and Family Support Division of the Office of the Attorney General, unless the court determines that service is impractical. Utah Code Section 78A-6-804 (Court procedure) provides the procedure for seeking emancipation: (1) Upon the filing of a petition in accordance with Section 78A-6-803, the court shall review the petition for completeness and whether the petitioner meets the age requirement for filing the petition. (a) If the petition is incomplete or the petitioner does not meet the age requirement, the court may dismiss the action immediately. (b) If the petition is complete and the petitioner meets the age requirement, the court shall schedule a pretrial hearing on the matter within 30 days. (2) The court may appoint a guardian ad litem in accordance with Section 78A-6-902 to represent the minor. (3) At the hearing, the court shall consider the best interests of the minor according to the following: (a) whether the minor is capable of assuming adult responsibilities; (b) whether the minor is capable of living independently of his or her parents, guardian, or custodian; (c) opinions and recommendations from the guardian ad litem, parents, guardian, or custodian, and any other evidence; and (d) whether emancipation will create a risk of harm to the minor. (4) If the court determines by clear and convincing evidence that emancipation is in the best interests of the minor, it shall issue a declaration of emancipation. Utah Code Section 78A-6-805 details the rights of an emancipated minor: (1) An emancipated minor may: (a) enter into contracts; (b) buy and sell property; (c) sue or be sued; (d) retain his or her own earnings; (e) borrow money for any purpose, including for education; and (f) obtain healthcare without parental consent. (2) An emancipated minor may not be considered an adult: (a) under the criminal laws of the state unless the requirements of Part 7, Transfer of Jurisdiction, have been met; (b) under the criminal laws of the state when he or she is a victim and the age of the victim is an element of the offense; and (c) for specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, poss... Read More

The only way you're going to get custody is to show mom is not equipped to take care of the kids, ie, drug issues etc. As far as your 16 year old daughter is concerned though, if she has emancipated (not living at home and on her own) you should be able to have your child support obligation reduced by one child. If the case is with ORS you may be able to get them to help you otherwise, you will have to get a hearing with the Commissioner.... Read More

This guy has zero rights. He needs to obtain a Paternity Order before he has any rights at all. Since you have never pursued child support with ORS (I assume) they will not have given him any rights either. You do not have to let him have any visitation since there is no court order. You can leave right now but if he serves you with a Petition for Paternity you will be stuck.... Read More

Sorry, but a man cannot be forced to relinquish his parental rights. They also can't just reliquish to get out of child support. If you can prove the abuse then you may be able to request full custody and supervised visitation, but that won't last forever. You can also ask the court to appoint a Guardian Ad Litem (attorney for your child). If you are active duty the other problem is what do you do if you are deployed. You need to seek full physical custody, let him have joint legal custody (that may appease him but only gives him some access to school records, medical records and some decision making ability). If you are deployed the court would normally let him have custody while you're away, but if you can show he needs anger management counseling or something you may sway things your way. This is one of the most difficult family law cases we encounter. You should get some help.... Read More

The fact that your daughter is pregnant and in alternative school is not the deciding factor. If your daughter emancipates (moves out in her own) then maybe, but if your ex is still supporting your daughter then "no". Hopefully the baby's father is going to step up and pay something for the care of the new baby.... Read More