Are Parents Charged With Contempt of Court or Have Their Visitation Rights Suspended When Their Children Report That They Have Been Abusive?

Yes. Why? Contempt of court is defined as: 1) a valid court order; 2) of which the parent has notice; 3) that the parent is capable of obey; 4) but…

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What Are the Chances My Child’s Father Will Get 50/50 Custody in Utah if I Only Knew Him for a Few Months Before Getting Pregnant and He Was MIA Until He Was Ordered to Pay Child Support?

If you are a fit parent (not abusive, not neglectful, not suffering from any disability that renders you unable to provide the care and support the child needs, and can…

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How Do You Get a House Valuation/Appraisal for a Divorce When Your Spouse Has Remains Living in It?

A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…

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What Can a Father Do If, After the Divorce, the Mother, Who Has Custody of the Child, Turns the Child Against the Father?

What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…

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How Do You Get 3 House Valuations for a Divorce When Your Ex Has Remained Living in It?

A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…

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My Dad and I Want Changes to My Child Custody Orders. Dad Says It Will Be Months Before a New Order Can Be Written. Is That Right?

Probably. If your question is, “Does it take a long time to obtain a court order modifying a child custody award?,” the answer is, generally, “Yes.” I can't speak for…

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Can a Parent Send a Third Party for Child Pick Up for Parenting Time if It’s Not a Part of a Utah Custody and Parent-Time Court Order?

If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…

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What May Happen When I Tell the Judge That I Violated a Nocontact Order Because the Paperwork I Received at Court Was Torn and Did Not Say Anything About No Contact?

What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…

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How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?

Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…

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My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?

I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…

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I Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?

I am not licensed as an attorney in Indiana, but I will give you my personal opinion (it’s not legal advice) as it applies to the law in the jurisdiction…

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What Would Happen if One Parent Does Not Bring Their Child for a Utah Court-Ordered Custody Exchange?

First, we need to learn and understand the term for violating a court order. That term is “contempt of court.” In Utah, one commits contempt of court in a civil…

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What Are the Standards for Appeal That Usually Apply in a Utah Case?

See 2024 UT App 54 - Tilleman v. Tilleman, which recites many of them: ¶26 . . . Generally, we review a trial court’s custody award for an abuse of discretion. See T.W. v.…

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2024 UT App 51 – Bailey v. Bailey – evidence, sanctions

2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…

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Can Child Support (Whether Prospectively or Retrospectively) Be Waived by the Child Support Payee?

The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…

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The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The…

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If You Are Separated and She Wants Her Money for Child Support and Alimony Early Payment for the Child Support, Can She Get It by Taking You to Court?

It appears that your question is: can child support be awarded to a parent even if a divorce or child support action has not yet been filed? If that is…

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What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…

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My Ex Is Coming to My Home to Pick Up My Child 30-45 Minutes Early. He Is Not Following the Custody Order. What Can I Do?

I will assume that your ex-husband (the children's father) arriving to pick up the children earlier than his court ordered scheduled time is a hardship on, or at least an…

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When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if…

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Can you get a post-judgment interest rate higher than the statutory rate?

Did you know you can request a post-judgment interest rate that is higher than the default statutory rate?  It’s true.   While the court does not have the discretion to lower,…

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What is a court order and its types?

Here’s the definition from Black’s Law Dictionary (11th ed. 2019):  order n. (16c) 1. A command, direction, or instruction. See MANDATE (1). 2. A written direction or command delivered by a government official, esp. a court or judge.…

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I have no money and a non-cooperative ex, how do I get legal help?

How can I obtain assistance in a custody matter when I have no money and my ex-husband is not following the current court order?  In some jurisdictions there are legal…

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The Protective Order Deception

We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your…

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What happens to a child support order if both parents move out of the country?

Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…

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Can the other parent send someone I’ve never met to pickups and drop-offs for our child?

Can the other parent send someone I’ve never met to pickups and drop-offs for our child? Can the other parent send someone I’ve never met to pickups and drop-offs for…

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What are marriages that are exempted from marriage license requirements?

What are marriages that are exempted from marriage license requirements? Technically speaking, the only marriage that could be considered “exempt” from a marriage license requirement (meaning free from the requirement…

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Can an unmarried parent legally keep the other parent from the children without having gone to court?

Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is…

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