Utah Family Legal Questions

That is a problem. You might be able to seek a modification of the orders to see about some kind of reconciliation, or similar process. I offer an initial consultation, 1/2 hour without charge. As you are outside of Utah, we could handle that via telephone. Should you be interesed in consulting on this problem, please contact my office to set an appointment. 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

If you have a stalking injuction, I'd need to see that and determine what it says about having the children around. And, if he is having these mental breaks, should the children be around him at all? At least not until he is stable and able to safely care for the children. With those things in mind, why are you taking the children to him? I think you need to review the entire situation with an experienced family law attorney to determine what your rights are, what his rights are, and what changes need to be made to provide safe environments for the children, and help you out with your finances. I may be able to assist you, should you want.   David R. Hartwig... Read Answer

I am sorry to hear about your problems and difficulties; issues where the children are involved, and where there are claims of parental alienation can be extremely damaging for the children, and extremely trying for you. What you need to do is get these issues into the court, with the children's counselors and a visitation evaluator to address the problems and issues. You don't really have any other choice if you want to keep the children safe and out of all of the pulling and manipulations. You do need to understand that keeping things the way they are will be damaging to your children, and could be used against by your ex, as he is already threatening to do. He could even allege you are abusing the children by putting them in the middle (I have seen it happen). So, you really need to get moving forward. It would be best for you to hire experience family law counsel. I may be able to assist you, if you choose.... Read Answer

From what you are saying, you never filed a paternity action to determine custody and parent-time. ORS does not do that. Your best bet is to file such an action, have a reunification plan ordered by the court and then see how dad complies and if things work out. That is the best bet for protecting your son, while safely learning if dad can be around your son. Hire an experienced family law attorney to assist you on this.... Read Answer

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 Answer

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 Answer

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 Answer

The simple answer is yes. But, until your rights are legally established you don't really have any rights. As the mother died, you should be filing for custody of the child at the very least. You need to move forward, and you need to do it now. Do not delay, for delay will only make things worse. I can assist you, if you want. David R. Hartwig 801-486-1715... Read Answer

The basis answer is that it all depends on what the decree of divorce says. I'd have to review that, in detail, to determine your rights. My personal position is that visitation is a time for the visiting parent to be with the child and not a time to ship the child off to some other person. But, I'd have to see the decree, and look to see if there is a right of first refusal included in the decree. That could be a key to solving your problem. Overall, it would be best if you move quickly now, as attempting to enforce or change the decree can take time. I am in a position where I may be able to assist you, should you so desire. David R. Hartwig... Read Answer

If you have been in a marriage of that length and you have the various property issues, including potential commingling of property, your attorney, if he or she is a divorce attorney, should be able to assemble all of the documents and evidence to provide definitive ideas and methods of dividing the property, including the house. It is a detailed fact issue. If you don't have an attorney, you had best hire an experienced family law attorney now and get moving to assemble all of the documentation and evidence required to properly assess the values, and make plans for the division of the property, particularly in light of child support, and spousal support, as you say that you are a stay-at-home mom. It all combines in a potentially very large and complex interactive picture, particularly concerning whether you and the child, or children, stay in the house. To truly provide full information and options hire an experienced family law attorney. Should you wish, I may be able to assist you. David R. Hartwig 801-486-1715... Read Answer

A lot depends on what you are going to court for, and where. By recordings, do you mean a recording of a conversation, or a recording of a telephone call? Did boyfriend know you were recording? How old is the recording, and what has happened since that time? And, does boyfriend admit his threats in his pleadings or in court (if he does, then as he admits the threats then the recording is not worth much). Sounds like you are in quite the predicament, and I'm guessing that you have not filed anything yet. You really should find an experienced family law attorney to assist you in protecting yourself, and your child. I may be able to assist you.... Read Answer

Under Utah law, your boyfriend would need to file an acknowledgment of paternity to establish his legal rights. But, that does not really affect reality, and what he might do. In reality, if he appears and you let him see the child he could take the child and he is not breaking any laws, as he is a “parent”. That is why you need to establish not only support orders, but also orders on custody -- to ensure that you have custody and that if he takes the baby without your permission or contrary to the terms of the paternity order, then he is breaking the law. In the paternity suit, you can address your fears about him taking the baby and running away, particularly to Mexico. What you really need to do is retain an experienced family law attorney to represent your interests and needs in a paternity action. I have handled such cases, and am willing to help you.  ... Read Answer

Utah statute requires a motion and notice to relocate the children. My best advice to you is to obtain experienced Utah family law counsel and proceed with counsel. The grandparents may file an action, seeking to prevent you from removing the children. Again, you had best locate local counsel. Should you desire, I offer an initial one-half (1/2) hour consultation, for the cost of $50.  This is an opportunity to meet, discuss your situation, lay out some preliminary ideas, and see if we can work together.Should you desire such a consultation, please feel free to telephone my assistant between the hours of 9:00 and 1:00 MT, to set an appointment. As you are outside of Utah, the initial consultation can be handled via telephone.David R. Hartwig, Esq.801-486-1715... Read Answer

What you need to do is to find an experienced family law attorney to work with. You can then review the decree and changes that have occurred since the decree; explore the facts, and make a detailed plan as to what needs changed, and what does not. If you are looking only at custody and support, there may be other issues that need to be changed as well (such as taxes). Once you do that, then a petition to modify is filed with the court and your ex is served. If things are amicable, you might be able to settle quickly; if not, you may be in for a long haul, including the potential of a trial. If you are looking to attempt this on your own, my advice is don't. If you are working for the benefit of a child, don't cut corners -- you wouldn't attempt to treat a serious medical problem on your own, would you? This case could be just as serious. And yes, I have handled these types of cases and am accepting new clients.... Read Answer

Your “rights” are as defined in the decree of divorce (I am assuming a divorce as you say your “ex”). Just because you have been living differently as to custody and such does not change the content of the decree. You need to move very quickly and decisively to protect your daughter's interests and file a petition to change the divorce decree. I say you need to move quickly because you do -- your ex is using self-help which the court may decide is inappropriate in light of what the actual living situation was. But you cannot drag that out or the court may decide that you are okay with the child being with the ex. The best thing to do is get with an experienced family law attorney and get moving forward. Quit looking for free advice; move to protect your child. If finances are a problem, perhaps your family would assist you. I have handled similar cases, and am available to take on new cases.... Read Answer

Sounds like you should really find an experienced family law attorney to help you out on this, particularly as you have a hearing date set. If you truly value the basis for your objection, quit messing around, find an experienced family law attorney and move forward to protect your interests. My office has handled guardianship cases.... Read Answer

The simple answer is yes, if you have lived here for at least 3 months. The complicated problem arises as to division of property, children (if any), financial divisions, real estate, and the like. Those issues might not be capable of being addressed in a Utah divorce action. You need to consult with an experienced family law attorney. I have handled matters similar to yours.... Read Answer

That all depends on exactly what your divorce decree states, and how you entered into that decree (by trial or by agreement). It also matters what your ex was doing for work at the time of the decree. You might have a basis for modifying the divorce decree and obtaining legal custody, and have the parent-time revisited and adjusted due to your ex's new work schedule. You really need to find an experienced family law attorney you feel comfortable working with, and reviewing your divorce decree, your current situation, and discuss your options. I have, and am, handling these types of cases, and am open to accept new clients.... Read Answer

To begin with, parent-time and child support are not connected, they are separate issues. One can be awarded without the other. You state that you have a foreign divorce decree. If you have not already done so, you need to domesticate that decree, thereby making it a Utah decree. Then you can seek to enforce the terms of that decree. You need to consult with an experienced family law attorney to unravel all of the problems. I have handled similar matters.... Read Answer

You may. It would ultimately be up to the judge to decide, if there is anyone who would fight against your case to be emancipated. However, your allegations of abuse, particularly about mom having sex with your step brother, are of grave concern; particularly is your step brother is a minor. If your allegations are correct, particularly if the sex is with a minor, you should contact DCFS and file a report. Should you require legal assistance, I have handled similar cases.... Read Answer

You need to move forward quickly to enforce your rights under the decree. You need to hire an experienced family law attorney and review your decree with that person. You may still be able to have the issues heard in Utah, though Arizona might have obtained jurisdiction over custody matters. That is an issue that must be looked at carefully, and quickly as you do not want time to run out. You need to find an experienced family law attorney who is familiar with Utah's UCCJEA (the statute on jurisdiction), and move quickly. I have handled these types of cases. Why wait anymore? Why expose your children to these problems? You need to move, and move quickly.... Read Answer