Utah Family Legal Questions

Quite simply put, though you'll not like it, you need to hire a good family law attorney. You are in a real mess, and it will take time, energy, and expertise to get through all of your problems and issues. And, as you note, you've made bad choices in the past, so hire an expert to assist you in making good choices as you move forward. Best of luck... Read More

In theory, yes. By this I mean that there are many factual issues that need to be explore before an accurate decision about proceeding with the case can proceed. My best advice is to consult with a good family law attorney who knows about alienation of affections to see if your facts fully support filing of a case.... Read More

Without actually seeing the order, I am limited to what you describe. With that in mind, orders remain in effect until they are modified, or stricken. Sounds like you need to push forward with your case, as mediation created no resolution. You should take the affirmative action to actively present your side of the case, and for the results you want.... Read More

Bottom line, all the way around, no; and, your boys should not be put in the middle by having to choose -- this is both legally and psychologically supported. Is there an order for visits? If so, you need to move to change that order, based upon the problems your boys are experiencing. That means you will need proof -- the stronger the proof, the more likely your chances of success. While you may not want to hear this, if you are truly concerned about your sons you need to act; and, by that I mean find an attorney who is willing to dig into proof, and file the required pleadings to attempt to protect your sons.... Read More

The simple answer is that, it all depends. You are entering areas of interstate laws concerning which state can hear custody questions (the UCCJEA). There are also a number of fact questions, such as how long you have been living in Utah; did you intend to make Utah your residence; and where the child has been living over the past several months. Is there any good reason why you have not started the divorce process? The best thing to do is find an attorney who has experience with Utah's version of the UCCJEA, and work with that person. In that way, you may be able to achieve your goal, though you may have to return to Utah for any trial occuring in the divorce. Sure the father may fight you, but at least you might possibly obtain support orders, and the ability to relocate.... Read More

Assuming that you are correct that your friend is mentally capable, your friend should contact an attorney immediately. There are a number of options available to your friend to attempt to cease any further abuses of the power of attorney, a well as holding the offender liable for any wrongful actions. Additionally, she can serve a revocation upon the holder of the power of attorney, as well as upon such entities as her bank, financial services, or others. She should move quickly, and find an attorney to assist.... Read More

The problem you face is not only what the power of attorney will let you do, but the practical problem of stopping your father from driving. Legally, whether the power of attorney gives you the right to stop your father from driving depends on the power of attorney itself what does it say you can do? Generally, the power of attorney allows you to represent your father in dealing with third persons; it is not usually used to take control of your father in regards to his own conduct.... Read More

Regardless of what court orders may or may not exist and that may or may not control this man's finances and care, if you are willing to come forward to assist him and want the court to order you to be his guardian Sandor conservators, you can file a petition in the court, explain that you don't know what his legal situation is with regard to any possible past court orders that may still be in force, notify the court of all the people you can think of who might have a right to Laura an interest in receiving notice of your new legal action, and the court should welcome you with open arms if you do so. Now I'm not saying the court will grant your petition, but if you show that you're trying to do things right, with full disclosure and do notice, the court will listen to you. if no one comes forward to challenge her petition, you should obtain the relief you seek for this man.... Read More

Talk to an attorney but the guardianship route sounds like a good idea pending her release from the hospital. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the reader... Read More

You need to get a guardianship over her that way you can get her the medical attention she needs, control her finances, etc.MessaThis response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the reader ge... Read More

You may qualify for representation through Utah Legal Services.  Their number is (801) 328-8891.  In the very short term you should be reporting any violations of an existing no contact order to the police, and if there is no order in place to protect the three year old then you need to get one ASAP.  If ULS is unable to help you, there are good attorneys who may be able to work with you, but you can expect a full divorce trial to cost you upwards of $10,000 and possibly much more.  If your husband is well off financially and you are not, there may also be a chance that the court would order him to pay your fees.  Good luck!... Read More

As I am sure you can understand, these cases can be very complicated and it is difficult to give a very satisfying answer.  Your son certainly has the right to go to court and ask for a transfer of custody - unless, that is, the court ordered a trmination of his parental rights.  In the latter case, his only recourse is to ask the court to re-open the case based on some extenuating circumstance.  But if he sill has parental rights, he would have to prove that some big change happened to justify reconsidering the custody decision. With so much at stake, it may be worthwhile for you to consult an attorney and evaluate your options.  Although I do not generally take domestic cases, I will in the right situation.  If you would like to schedule a consultation, please contact my office.... Read More

In reply, the Courts have upheld that where one parent has remarried, the spouse of that parent is considered as one with the parent. Howe er, if you van show that the father's new spouse has a criminal history, has a history of drug or child abuse, the new spouse is considered one with the father. Utah Code Ann. 30-3-35 is a guideline, not an absolute, rather the provison so of your Divorce Decree supersede the Statutory provision, unless you can show good cause why the Divorce Decree provision is very harmful to your children in some way. If not, the Divorce Decree provision stands, until you file for a modification of the Decree of Divorce and parent-time provisions. I would advise you to seek counsel to insure that your basis for modification is strong enough to prevail.... Read More