Family Law Archives - Christensen Law - Salt Lake City Family Lawyers https://ccplawyers.com/blog/category/family-law/ Salt Lake City Divorce Lawyers Mon, 31 Mar 2025 17:52:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://ccplawyers.com/wp-content/uploads/2022/09/cropped-favicon-1.png Family Law Archives - Christensen Law - Salt Lake City Family Lawyers https://ccplawyers.com/blog/category/family-law/ 32 32 What is Considered an Unfit Parent in Utah?   https://ccplawyers.com/blog/unfit-parent-in-utah/ Mon, 31 Mar 2025 16:46:47 +0000 https://ccplawyers.com/?p=20497 When parents separate or divorce, one of the most difficult issues to resolve is child custody. In some cases, a parent may be concerned that the other is unfit to care for the child safely. But what does the law actually consider an “unfit parent” in Utah?  Legal Definition of an Unfit Parent  In Utah, […]

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When parents separate or divorce, one of the most difficult issues to resolve is child custody. In some cases, a parent may be concerned that the other is unfit to care for the child safely. But what does the law actually consider an “unfit parent” in Utah? 

Legal Definition of an Unfit Parent 

In Utah, an unfit parent is generally defined as someone who cannot provide a safe, stable, and nurturing environment for their child. Family courts prioritize the best interests of the child, and if one parent poses a risk to a child’s health or emotional well-being, the court may limit or deny that parent custody or visitation rights. 

Factors Courts Consider When Determining Parental Fitness 

While every case is unique, here are some of the most common signs that a parent may be deemed unfit: 

  • Substance Abuse: Ongoing drug or alcohol abuse that interferes with parenting responsibilities. 
  • Neglect: Failing to provide basic necessities such as food, clothing, shelter, or medical care. 
  • Abuse: Any evidence of physical, emotional, or sexual abuse toward the child or other family members. 
  • Mental Health Issues: Untreated or severe mental health conditions that impact the ability to care for the child. 
  • Domestic Violence: A history of violence in the home can be grounds for loss of custody. 
  • Criminal Behavior: A pattern of criminal activity, especially if violent or drug related. 
  • Unsafe Living Conditions: An unstable or dangerous home environment. 

Evidence That May Be Used to Prove a Parent Is Unfit 

If you’re seeking sole custody or want to limit the other parent’s involvement, you’ll need strong evidence. The court may consider: 

  • Police reports 
  • Medical records 
  • Witness testimonies (from teachers, relatives, therapists) 
  • Reports from Child Protective Services 
  • Custody evaluation results 

How a Custody Evaluation Helps 

In high-conflict custody cases, the court may order a custody evaluation. A licensed evaluator will assess both parents and the child to make recommendations on custody and parenting time. The evaluator will look at the child’s relationship with each parent, home environment, and any potential concerns like substance abuse or neglect. 

Can Parental Rights Be Terminated? 

Yes. In extreme cases, if a parent is found to be seriously unfit and unable to provide for the child’s needs, the court may terminate parental rights. This is a permanent and serious step usually reserved for situations involving ongoing abuse, neglect, or abandonment. 

What To Do If You Suspect the Other Parent Is Unfit 

If you believe your child is in danger or that the other parent is unfit: 

  • Document everything. 
  • Speak with a family law attorney as soon as possible. 
  • File a petition to modify custody or request an emergency custody order. 

Speak With a Utah Family Law Attorney Today 

Call us today at (801) 303-5800 or schedule a consultation by filling out the online contact form.  

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If My Ex Is Trying to Limit My Parental Rights in Utah, How Can I Fight Back Legally? https://ccplawyers.com/blog/protecting-parental-rights-utah/ Mon, 17 Mar 2025 19:30:01 +0000 https://ccplawyers.com/?p=20199 Understanding Your Parental Rights in Utah  Divorce and custody disputes can be emotionally and legally challenging—especially if your ex is trying to limit your parental rights. Whether they’re denying you court-ordered visitation, making false accusations, or attempting to modify custody unfairly, it’s critical to understand your legal rights and how to fight back.  In Utah, […]

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Understanding Your Parental Rights in Utah 

Divorce and custody disputes can be emotionally and legally challenging—especially if your ex is trying to limit your parental rights. Whether they’re denying you court-ordered visitation, making false accusations, or attempting to modify custody unfairly, it’s critical to understand your legal rights and how to fight back. 

In Utah, parents have the right to maintain a meaningful relationship with their children unless a court determines otherwise. If your parental rights are being threatened, there are legal steps you can take to protect them. 

Signs Your Ex Is Trying to Limit Your Parental Rights 

If your co-parent is attempting to restrict your access to your children, they may: 

  • Deny court-ordered visitation without a valid reason. 
  • Make false allegations of abuse or neglect. 
  • Turn your children against you through parental alienation. 
  • Refuse to communicate or cooperate with co-parenting. 
  • Attempt to modify custody based on misleading claims. 
  • Ignore or manipulate the parenting plan outlined in your custody agreement. 

If you’re experiencing any of these issues, it’s important to act quickly to protect your rights. 

Legal Options for Protecting Your Rights in Utah 

Enforce Your Custody or Visitation Order 

If your ex is violating a court-ordered parenting plan by refusing visitation or restricting access, you can file a Motion to Enforce with the Utah courts. This notifies the judge that your ex is violating the custody order and may result in penalties. 

Gather Evidence of Parental Interference 

To strengthen your case, document every incident where your ex tries to limit your rights. Keep records of: 

  • Missed visitations and refusal to comply with court orders. 
  • Texts, emails, or voicemails that show interference. 
  • Witness statements from teachers, family members, or other caregivers. 
  • Any actions that suggest parental alienation (i.e., your ex telling your child negative things about you). 

Having strong evidence will help if you need to request court intervention. 

Petition for a Custody Modification 

If your ex is consistently interfering with your parenting time, you may be able to request a custody modification. Courts in Utah may grant a change in custody if: 

  • One parent is refusing to follow the custody order. 
  • The child’s emotional or physical well-being is at risk. 
  • There has been a significant change in circumstances that justifies a new arrangement. 

Address False Allegations in Court 

If your ex is making false claims of abuse or neglect, it is crucial to: 

  • Remain calm and avoid confrontation. 
  • Gather evidence that disproves the allegations. 
  • Hire an attorney to help present your case in court. 

Utah courts take false accusations seriously and may penalize a parent for making misleading claims. 

Work with an Experienced Utah Family Law Attorney 

Navigating custody disputes and parental rights issues requires legal expertise. A skilled Utah family law attorney can help you: 

  • File legal motions to enforce visitation. 
  • Negotiate custody modifications based on your child’s best interests. 
  • Protect yourself from false accusations or parental alienation tactics. 

Take Action to Protect Your Parental Rights in Utah 

If your ex is trying to limit your parental rights, don’t wait to take action. Utah courts prioritize the child’s best interests, and if your rights are being unfairly restricted, you have legal options to fight back. 

Need help enforcing your custody order or modifying your parenting plan? Contact us today to discuss your options. 

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How to Get Emergency Custody in Utah – Steps to Take in Urgent Situations  https://ccplawyers.com/blog/emergency-custody-in-utah/ Mon, 03 Mar 2025 19:17:21 +0000 https://ccplawyers.com/?p=20193 When a child is in danger, time is of the essence. Fortunately, Utah law offers several legal tools that can help secure emergency custody or protect a child from harm if the situation is urgent but does not rise to the level of calling 911 or otherwise involving law enforcement. The best option will depend […]

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When a child is in danger, time is of the essence. Fortunately, Utah law offers several legal tools that can help secure emergency custody or protect a child from harm if the situation is urgent but does not rise to the level of calling 911 or otherwise involving law enforcement. The best option will depend on your relationship to the child, whether there’s already a court case open, and how urgent the situation is. 

Here are the main paths you can take: 

Report to the Division of Children and Family Services (DCFS) 

  • If you believe a child is being abused or neglected, you can report the situation to DCFS. This agency investigates claims of abuse and has the authority to intervene immediately if necessary, including removing a child from a dangerous environment. 

File for a Child Protective Order (Juvenile Court) 

  • If DCFS involvement isn’t appropriate or hasn’t resulted in action, you may be able to file a child protective order through the juvenile court. This option is designed specifically to protect children from abuse or harm. The court can issue orders to keep the alleged abuser away from the child, including emergency custody if needed. You will need to be able to inform the juvenile court of the DCFS case number from you having previously reported the problem to DCFS. 

Seek a Cohabitant Protective Order (District Court) 

  • If the individuals involved live together or have a qualifying domestic relationship, a cohabitant protective order may be another route. These are often filed in situations involving intimate partners or family members. A judge can issue temporary custody orders as part of this process—even if a divorce or custody case hasn’t been filed yet. While these orders can help quickly, they are temporary and typically require that a full custody or divorce case be filed shortly after. 

File a Temporary Restraining Order (TRO) in an Existing Case 

  • If there’s already a family law case open, like a divorce or custody proceeding, you can file for a temporary restraining order (TRO). This is a fast way to ask the court to restrict a parent’s access to a child if you can show there’s an immediate risk of harm. The TRO can provide short-term protection until a hearing can be held and more permanent orders put in place. 

No Case Yet? You Can File Both a TRO and a Petition Together 

  • If there isn’t already a court case pending, it’s still possible to act quickly. You can file a TRO along with a petition for custody or divorce petition to modify custody, or a motion to enforce an existing order. This allows the court to issue emergency relief while officially opening a case at the same time. 

Get Legal Help for Emergency Custody in Utah 

Emergency custody cases are time-sensitive and complex. If you believe your child is in immediate danger, it’s crucial to take action quickly and ensure all legal steps are followed correctly.  

Need help with an emergency custody case? Contact us today for a consultation. 

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Can You Get a Divorce Without Going to Court in Utah? https://ccplawyers.com/blog/divorce-without-court-in-utah/ Thu, 27 Feb 2025 17:17:53 +0000 https://ccplawyers.com/?p=20183 Going through a divorce doesn’t always mean standing before a judge in a courtroom battle. In Utah, couples have several options to dissolve their marriage without the stress and expense of litigation. Mediation, collaborative divorce, and uncontested divorce processes can help spouses reach agreements outside of court while still ensuring a legally valid divorce.  If […]

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Going through a divorce doesn’t always mean standing before a judge in a courtroom battle. In Utah, couples have several options to dissolve their marriage without the stress and expense of litigation. Mediation, collaborative divorce, and uncontested divorce processes can help spouses reach agreements outside of court while still ensuring a legally valid divorce. 

If you’re considering divorce but want to avoid court, here’s what you need to know about your options.  

Uncontested Divorce: The Simplest Path

An uncontested divorce is the fastest and least expensive way to get divorced in Utah. This occurs when both spouses agree on all major issues, including: 

  • Division of assets and debts 
  • Child custody and parenting time 
  • Child support and alimony 

Steps to File for an Uncontested Divorce in Utah: 

  1. Meet the Residency Requirement – One spouse must have lived in Utah, in the same county, for at least three months immediately before filing. 
  1. File the Divorce Petition – The petitioner (spouse initiating the divorce) files a Petition for Divorce with the district court in their county. 
  1. Serve the Other Spouse – The petition must be legally delivered to the other spouse unless they waive service. 
  1. Submit a Settlement Agreement – If both spouses agree on all terms, they can submit a Stipulation of Divorce outlining their settlement. 
  1. Wait the Mandatory 30 Days – Unless waived, Utah requires a 30-day waiting period before the court finalizes a divorce. 
  1. Judge Reviews and Signs the Decree – If everything is in order, the judge signs the final Divorce Decree without requiring a hearing. 

Best for: Couples who can fully agree on all aspects of their divorce and want a simple, court-free process. 

Mediation: Resolving Disputes Without a Trial 

Mediation is a required step in all Utah divorce cases, but it can also be used voluntarily prior to litigation. In mediation, both spouses work with a neutral mediator to negotiate agreements on contested issues. 

How Mediation Works in Utah: 

  1. A certified mediator helps facilitate discussions on property division, custody, and support. 
  1. Mediation is confidential and designed to encourage compromise. 
  1. If successful, the couple submits a signed mediation agreement to the court. 
  1. Once approved, the divorce can be finalized without a trial. 

Best for: Couples who need help reaching agreements but want to avoid a courtroom battle. 

Collaborative Divorce: A Team-Based Approach 

A collaborative divorce is a structured process where both spouses hire attorneys trained in collaborative law. Instead of fighting in court, they commit to resolving issues through negotiations. 

What Makes Collaborative Divorce Different? 

  • Each spouse has an attorney who focuses on settlement rather than litigation. 
  • Experts like financial planners or child specialists may be involved. 
  • If negotiations break down, both attorneys must withdraw, and the couple must hire new attorneys for litigation. 

Best for: Couples who want a cooperative, lawyer-guided divorce process without going to trial. 

Divorce by Default: When the Other Spouse Doesn’t Respond 

If one spouse files for divorce and the other fails to respond within 21 days (if served in Utah) or 30 days (if served outside Utah), the court may grant a default divorce without requiring a hearing. 

How Default Divorce Works: 

  • The petitioner files the divorce petition and serves their spouse. 
  • If the respondent doesn’t answer within the deadline, the petitioner can request a default judgment. 
  • The court reviews the request and may finalize the divorce without any further input from the absent spouse. 

Best for: Cases where one spouse is uncooperative or missing, and the filing spouse follows all legal steps. 

Arbitration: A Private Court Alternative 

Arbitration is a lesser-known option where a private arbitrator (often a retired judge or attorney) makes binding decisions on divorce matters. Unlike mediation, where spouses negotiate their own agreement, an arbitrator has the authority to decide the case. 

Best for: Couples who want a legally binding decision but prefer privacy and efficiency over a public court trial. 

Which Option is Right for You? 

While avoiding court can save time and money, the best approach depends on your situation. Consider: 
 

  • Uncontested Divorce – If you agree on everything and want a fast, simple process. 
  • Mediation – If you need help resolving disputes but want to stay out of court 
  • Collaborative Divorce – If you prefer a team-based approach with legal guidance. 
  • Default Divorce – If your spouse refuses to participate. 
  • Arbitration – If you want a legally binding decision without a formal trial. 

Talk to a Utah Divorce Attorney Today 

Every divorce is unique, and the right path depends on your specific circumstances. If you’re considering a divorce but want to avoid the courtroom, our experienced Utah family law attorneys can help guide you through the best alternative for your needs. 

Contact Christensen Law today for a consultation with one of our experienced divorce attorneys.  

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Alienation of Affection in Utah  https://ccplawyers.com/blog/alienation-of-affection-in-utah/ Tue, 04 Feb 2025 21:14:35 +0000 https://ccplawyers.com/?p=20171 Alienation of affection is a legal claim that allows a spouse to sue a third party for intentionally interfering in their marriage and causing the loss of love and companionship. Unlike many states that have abolished this law, Utah still recognizes alienation of affection claims, making it one of the few states where this cause […]

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Alienation of affection is a legal claim that allows a spouse to sue a third party for intentionally interfering in their marriage and causing the loss of love and companionship. Unlike many states that have abolished this law, Utah still recognizes alienation of affection claims, making it one of the few states where this cause of action remains valid. Here’s an overview of how alienation of affection applies under Utah law. 

What Is Alienation of Affection? 

Alienation of affection is a civil lawsuit where a wronged spouse sues a third party—often an alleged affair partner or someone who intentionally influenced the marriage’s breakdown—for damaging the marital relationship. To succeed in such a case, the plaintiff must prove: 

  • A loving marriage existed. 
  • The defendant’s wrongful actions caused the loss of affection. 
  • The loss of affection directly harmed the marriage. 

These cases can extend beyond extramarital affairs. For example, in-laws, friends, or other individuals who meddle in a marriage may also be defendants. 

How Alienation of Affection Laws Work in Utah 

In Utah, the courts have upheld alienation of affection claims. Plaintiffs can seek damages for emotional distress, loss of companionship, and harm to their marital relationship. However, these cases often face significant challenges: 

  • Burden of Proof: The plaintiff must provide substantial evidence that the defendant intentionally caused the breakdown of the marriage. 
  • Complexity: Proving that the third party’s actions were the primary reason for the loss of affection can be difficult, as many factors may contribute to marital issues. 

What Damages Can Be Awarded? 

If successful, plaintiffs may be awarded compensatory damages for emotional pain, humiliation, and loss of consortium. In some cases, punitive damages may also be awarded to punish particularly egregious behavior. 

Criticism of Alienation of Affection Laws 

While Utah continues to recognize this cause of action, alienation of affection claims have faced criticism nationwide for several reasons: 

  • Perceived as Outdated: Critics argue that these laws reflect antiquated views of marriage and relationships. 
  • Potential for Abuse: Some worry that alienation of affection lawsuits can be misused as tools for revenge or financial gain. 

Legal Alternatives and Considerations 

For those facing marital problems in Utah, there are other legal options outside of alienation of affection claims, including: 

  • Filing for divorce and addressing issues like adultery during proceedings. 
  • Seeking spousal support (alimony) if one spouse needs financial assistance. 
  • Negotiating property division with consideration of marital misconduct, which may influence the court’s decisions. 

Contact Christensen Law for Legal Guidance 

If you believe your marriage has been intentionally harmed by a third party or if you have questions about Utah family law, Christensen Law can help. Our experienced attorneys are here to guide you through your legal options and protect your rights. 

Contact us today to schedule a consultation with our knowledgeable family law attorneys. 

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Equitable Division in Utah Divorce https://ccplawyers.com/blog/equitable-division-utah-divorce/ Wed, 22 Jan 2025 20:46:10 +0000 https://ccplawyers.com/?p=20165 Divorce can be complex under any circumstances, but when significant wealth and assets are at stake, the process becomes even more intricate. In Utah, divorcing spouses are subject to equitable division of marital property—a legal principle that aims to distribute assets in a fair, though not necessarily equal, manner. Below, we break down how equitable […]

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Divorce can be complex under any circumstances, but when significant wealth and assets are at stake, the process becomes even more intricate. In Utah, divorcing spouses are subject to equitable division of marital property—a legal principle that aims to distribute assets in a fair, though not necessarily equal, manner. Below, we break down how equitable division works in Utah divorces, especially for high-net-worth individuals. 

Understanding Equitable Division in Utah Divorce

Equitable division means that a couple’s marital assets are divided based on what a court deems “fair,” considering various factors like each spouse’s financial situation, contributions to the marriage, and future earning potential. Unlike community property states, which often split marital assets 50/50, Utah courts have the flexibility to tailor the distribution to each couple’s unique circumstances. 

Key Points: 

  1. Fair vs. Equal: While “fair” can sometimes mean a near-even split, the court may grant one spouse a greater share depending on need, contributions, or other relevant factors. 
  1. Separate vs. Marital Property: Assets acquired before the marriage or after legal separation may be considered separate property. However, if those assets gained value during the marriage, the increase in value might be divisible. 
  1. Judicial Discretion: A judge has broad discretion to decide what is “fair,” taking into account the couple’s standard of living, the duration of the marriage, and each spouse’s economic prospects. 

Unique Challenges in High-Net-Worth Divorces 

When substantial assets are on the line, the complexity of identifying, valuing, and dividing those assets grows exponentially. High-net-worth divorces can involve: 

  1. Business Ownership and Partnerships 
    • Determining a business’s valuation is often a primary challenge. Valuation experts, forensic accountants, and financial analysts may be necessary to assess the company’s worth accurately. 
  1. Multiple Real Estate Holdings 
    • Luxury residences, vacation homes, and rental properties require careful appraisals. Courts also look at whether improvements made during the marriage increased any property’s value. 
    1. Complex Investment Portfolios 
      • Stocks, bonds, retirement accounts, and cryptocurrency can be difficult to distribute fairly, especially if these assets are spread across multiple brokerage accounts or internationally. 
      1. Significant Debt or Liabilities 
        • High net worth does not always mean zero debt. Courts must consider mortgages, business loans, or other liabilities alongside an individual’s assets. 
        1. Tax Implications 
          • Splitting large assets can have significant tax consequences. Strategic planning might involve working with financial professionals to minimize tax burdens and protect wealth. 

          Factors Courts Consider in High-Net-Worth Equitable Division 

          Utah courts typically weigh several factors to ensure a fair division of assets and liabilities, including: 

          • Duration of the Marriage: Longer marriages often see more intertwined finances, potentially leading to a more equal split. 
          • Financial and Non-Financial Contributions: Courts consider income-earning capacity, as well as non-financial contributions like homemaking or childcare. 
          • Age and Health of Each Spouse: Ongoing or future medical needs might justify awarding more resources to a spouse. 
          • Occupations and Earning Potential: A spouse with significantly higher income or specialized skills may be less entitled to a large share of marital assets—depending on the other circumstances. 

          • Standard of Living Established During the Marriage: Courts generally aim to help each spouse maintain a lifestyle close to what was enjoyed during the marriage, as resources allow. 

          Protect Your Financial Future When Facing Divorce

          Schedule a consultation with our team today to discuss how Utah’s equitable division laws impact your assets and learn the best strategies for protecting you and your family.  

          Call Us: (801) 303-5800

          Online Contact Form: Contact Us

          Disclaimer 

          The information in this post is for general educational purposes and does not constitute legal advice. For advice tailored to your unique situation, please contact an attorney at Christensen Law. Laws and court interpretations may change, so it’s important to consult a professional for current, personalized guidance. 

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          What is a Putative Father?  https://ccplawyers.com/blog/what-is-a-putative-father/ Thu, 16 Jan 2025 22:22:13 +0000 https://ccplawyers.com/?p=20161 At Christensen Law, we understand the complexities of family law and specialize in guiding individuals and families through adoption and paternity cases in Utah. While we do not offer adoption matching services, we focus on equipping our clients with the tools they need to navigate these sensitive issues.  Definition of a Putative Father  A putative […]

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          At Christensen Law, we understand the complexities of family law and specialize in guiding individuals and families through adoption and paternity cases in Utah. While we do not offer adoption matching services, we focus on equipping our clients with the tools they need to navigate these sensitive issues. 

          Definition of a Putative Father 

          A putative father is a man who may biologically be a child’s father but has not yet been legally recognized as such. This situation frequently arises in adoption cases, where determining paternity can have a significant impact on legal proceedings. 

          You might be considered a putative father if: 

          • You were in a relationship with the child’s mother around the time of conception but were not married. 
          • You have been informed or suspect that a child you fathered is being considered for adoption. 
          • You wish to have a role in adoption or custody decisions but have not yet established legal paternity. 

          Why Your Paternity Status Matters 

          Understanding whether you are a putative father is essential for protecting your parental rights and ensuring your child’s best interests are considered. Your status as a putative father can influence: 

          • Receiving Notice of Adoption Proceedings: Registering with Utah’s putative father registry ensures that you are notified about adoption actions involving your child. 
          • Consent to or Contest an Adoption: Legally recognized fathers generally must provide consent for an adoption or contest it, except in certain circumstances. 
          • Establishing a Legal Relationship: Once paternity is confirmed, you may pursue custody, visitation, or parenting rights based on the child’s best interests. 

          Legal Implications for Putative Fathers 

          Being identified as a putative father carries significant legal implications: 

          • Recognition as a Father: Confirming paternity grants you legal status in your child’s life, including the ability to make or influence critical decisions. 
          • Rights in Adoption Cases: You may challenge an adoption, seek custody, or negotiate an open adoption agreement, where applicable. 
          • Responsibilities: Legal fatherhood often comes with financial obligations, such as child support and medical coverage. 
          • Access to Legal Counsel: Experienced legal guidance is crucial to navigate strict deadlines, documentation requirements, and court procedures. 

          Frequently Asked Questions (FAQs) for Putative Fathers 

          Contact Christensen Law 

          If you have concerns about your status as a putative father, suspect a child you fathered may be placed for adoption, or need assistance with paternity or adoption-related issues, Christensen Law is here to help. 

          Phone: (801) 303-5800 

          Online Consultation Form: Schedule a Consultation 

          Our team is dedicated to protecting your rights and helping you make the best decisions for your child’s future. 

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          Modifying a Custody Order: When and How It’s Possible  https://ccplawyers.com/blog/modifying-custody-order/ Wed, 08 Jan 2025 20:23:44 +0000 https://ccplawyers.com/?p=20139 Can you modify a custody order in Utah?   Sometimes life changes, and a custody order that once worked well may no longer fit your family’s needs. In Utah, custody orders are not set in stone. Modifications are possible, but they require specific circumstances and legal steps to ensure the best interests of the child are […]

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          Can you modify a custody order in Utah?  

          Sometimes life changes, and a custody order that once worked well may no longer fit your family’s needs. In Utah, custody orders are not set in stone. Modifications are possible, but they require specific circumstances and legal steps to ensure the best interests of the child are prioritized. 

          When can a custody order be modified in Utah?  

          A custody order can be modified under the following conditions:  

          1. Material and Substantial Changes in Circumstances  
            • Examples can include a parent relocating out of state, a change in the child’s needs (education, health, etc.), evidence of abuse, neglect or endangerment, or a parent’s inability to adhere to the custody agreement.  
          1. Time Since the Last Order 
            • Modifications are more likely to be successful when they come at least a few years after the last permanent order. 
            1. Best Interests of the Child  
              • Utah courts will always evaluate whether the proposed changes align with the child’s best interests, focusing on their safety, stability, and overall well-being. 

              How to Modify a Custody Order  

              If you believe that a custody modification is necessary, here are the steps to follow:  

              1. Consult an attorney  
              1. File a petition to modify  
              1. Provide evidence for modification  
              1. Mediation  
              1. Court hearing  

              Some cases may require a more complex process for modification. Consult an attorney to understand the possibilities of your case.  

              Frequently Asked Questions About Custody Modifications  

              Can I Modify Custody Without the Other Parent’s Consent?

              • Yes, but you’ll need to prove to the court why the modification is necessary and in the child’s best interests. 

                How Long Does the Process Take?

                • The timeline varies depending on the complexity of the case and whether mediation resolves the issue. It can take a few months to over a year. 

                  What If the Other Parent Violates the Current Custody Order?

                  • If the other parent consistently violates the custody order, this may serve as grounds for modification. Document these violations and consult an attorney. 

                    Contact Christensen Law Today  

                    Contact Christensen Law for a consultation and take the first step toward a better future for your family.  

                    Call Us: (801) 303-5800 

                    Online Contact Form:  Contact Us

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                    Utah Guardianship Appeals: How to Challenge a Decision https://ccplawyers.com/blog/utah-guardianship-appeals/ Tue, 17 Dec 2024 21:45:29 +0000 https://ccplawyers.com/?p=20131 When a guardianship decision affects your family or loved ones, and you believe the ruling was unjust or legally flawed, you don’t have to accept it at face value. In Utah, if a court’s determination regarding guardianship seems improper—whether it involves who should be named as guardian or how an existing guardianship should be modified—you […]

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                    When a guardianship decision affects your family or loved ones, and you believe the ruling was unjust or legally flawed, you don’t have to accept it at face value. In Utah, if a court’s determination regarding guardianship seems improper—whether it involves who should be named as guardian or how an existing guardianship should be modified—you have the right to seek an appeal. Understanding when and why you can file such an appeal is the first step toward protecting the rights and well-being of those you care about. 

                    What Is a Guardianship Appeal? 

                    A guardianship appeal is the process of asking a higher court to review a lower court’s decision in a guardianship case. Rather than introducing new evidence, appeals focus on whether the lower court properly considered all relevant information and applied the law correctly. It’s essentially a check on the legal process, ensuring that the decision about who cares for a protected individual—often an elderly parent, a disabled adult, or a minor who cannot care for themselves—is grounded in correct interpretation of the law and supported by sufficient evidence. 

                    Reasons You May Consider an Appeal 

                    Not every unfavorable ruling will warrant an appeal. However, you may have grounds to pursue one if you believe the court made a significant error. Common reasons include: 

                    1. Improper Application of the Law: 
                      • If the court misunderstood or failed to follow Utah’s guardianship laws, such as neglecting the “best interests” standard for the protected person, an appeal may be warranted. 
                    1. Improper Exclusion or Inclusion of Evidence: 
                      • Sometimes, key medical records or witness testimony are excluded from a trial, or evidence that should have been disallowed is admitted. If the lower court’s evidence handling compromised the fairness of the decision, this could form the basis of an appeal. 
                    1. Insufficient Evidence or Findings: 
                      • The court’s decision should logically follow from the evidence presented. If the judgment is not backed by sufficient facts or doesn’t make sense given the record, the appeals court may intervene. 
                    1. Conflicts of Interest: 
                      • If a guardian was appointed despite clear conflicts of interest that could harm the protected person’s interests, this may call the integrity of the original ruling into question. 

                    Types of Decisions That May Be Appealed 

                    • Denials of Guardianship Petitions: If your request to become a guardian was denied without proper consideration of the evidence, you may be able to appeal. 
                    • Improper Guardian Appointments: If someone who is unqualified or potentially harmful was appointed as guardian, seeking review is a critical step to protect your loved one. 
                    • Modifications to Existing Orders: If an established guardianship was altered in a way that doesn’t align with the protected person’s best interests, you may have the right to challenge that decision. 

                    Taking the Next Step 

                    If you suspect that a guardianship decision was reached in error, it’s crucial not to wait. Appeals have strict deadlines and missing them could mean losing your opportunity to seek a fair outcome. Speaking with an experienced Utah attorney will help you understand whether you have grounds for appeal, what the process entails, and how best to present your case. 

                    Contact Christensen Law for a Consultation 

                    At Christensen Law, our experienced Utah attorneys understand the significance of guardianship rulings and the emotional toll they can take on families. We’re committed to ensuring that decisions about guardianships are made correctly, fairly, and with the protected person’s best interests in mind. If you believe a guardianship decision was unfair or legally flawed, don’t hesitate—contact us today for a consultation. 

                    The post Utah Guardianship Appeals: How to Challenge a Decision appeared first on Christensen Law - Salt Lake City Family Lawyers.

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                    Are Parents Responsible for Their Children’s Criminal Behavior?  https://ccplawyers.com/blog/parental-responsibility-child-criminal-behavior/ Thu, 31 Oct 2024 20:25:34 +0000 https://ccplawyers.com/?p=20038 When a child gets involved in criminal activity, many parents wonder: Am I legally responsible for my child’s actions? While children are typically held accountable for their behavior, parents may sometimes face legal or financial consequences, especially when the crime results in harm to others. This post will explore the concept of parental responsibility, when […]

                    The post Are Parents Responsible for Their Children’s Criminal Behavior?  appeared first on Christensen Law - Salt Lake City Family Lawyers.

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                    When a child gets involved in criminal activity, many parents wonder: Am I legally responsible for my child’s actions? While children are typically held accountable for their behavior, parents may sometimes face legal or financial consequences, especially when the crime results in harm to others. This post will explore the concept of parental responsibility, when it applies, and what parents can do to guide their children toward better decisions. 

                    Understanding Parental Responsibility 

                    Parents play a key role in shaping a child’s behavior, and the law often reflects this responsibility. In many cases, parents are expected to teach their children right from wrong, supervise their actions, and address behavioral issues. While the child is usually the one held directly accountable for any criminal behavior, parents can also face legal consequences in certain situations. 

                    For example, courts may require parents to attend hearings if their child is involved in a juvenile case. In some cases, they might be asked to pay financial restitution for damages their child caused. There are even situations where parents could be charged with neglect or contributing to a minor’s delinquency if they ignored warning signs or failed to intervene. 

                    When Are Parents Held Legally Responsible? 

                    Parental responsibility laws vary by state, but in Utah, parents can be held accountable for certain aspects of their child’s behavior. This is most common in cases where a child causes property damage, injures someone, or repeatedly engages in delinquent behavior. Courts may order parents to compensate victims or participate in programs designed to correct the child’s behavior. The goal is not just to punish but to encourage parents to stay actively involved in their child’s development. 

                    However, it’s important to note that these laws have limits. If a child commits a crime without the parent’s knowledge or involvement, legal responsibility may rest solely with the child. Similarly, once a child reaches adulthood, responsibility for their actions shifts entirely to them. 

                    How Parents Can Help Prevent Criminal Behavior 

                    While no parent can control every choice their child makes, there are steps they can take to reduce the risk of criminal behavior. Establishing open lines of communication is crucial—children who feel comfortable talking with their parents are more likely to seek guidance when faced with tough situations. Parents should also monitor their child’s social and online activity for early signs of trouble, such as associating with the wrong crowd or engaging in risky behavior. 

                    In some cases, seeking professional help may be necessary. If a child exhibits warning signs like aggression, defiance, or frequent rule-breaking, counseling or family therapy can be beneficial. The sooner parents address these issues, the better the chances of steering their child in the right direction. 

                    Final Thoughts 

                    While parents aren’t always legally responsible for their child’s actions, they play a vital role in shaping their behavior and ensuring they make responsible choices. Understanding your rights and responsibilities as a parent can help you navigate difficult situations if your child becomes involved in legal trouble. 

                    If you need legal guidance related to juvenile cases or parental responsibility in Utah, our team is here to help. Contact us today for a consultation and take the first step toward resolving your situation. 

                    The post Are Parents Responsible for Their Children’s Criminal Behavior?  appeared first on Christensen Law - Salt Lake City Family Lawyers.

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