In Utah family law, Guardians ad Litem (GALs) serve a vital role, advocating for the best interests of children involved in legal proceedings such as divorce, custody disputes, and other cases involving child welfare. This blog post will explore the purpose, qualifications, and profound impact GALs can have on these cases.  

Understanding the Role of a Guardian ad Litem

A GAL is a specially appointed advocate whose sole responsibility is to represent the best interests of children in family law cases. By voicing the needs and concerns of children in court, GALs help ensure that every legal decision considers the child’s welfare above all else.  

Qualifications and Training for Guardians ad Litem in Utah

To become a GAL in Utah, individuals are required to hold a law degree and have experience in family law or child advocacy. Additionally, they must undergo comprehensive training by Utah State Courts, equipping them with the necessary expertise to effectively advocate for children.  

The Appointment Process for Guardians ad Litem

GALs in Utah are appointed through a process dictated by state statutes and court rules. They can be requested by any party involved in the case or appointed at the judge’s discretion. Once appointed, GALs undertake thorough investigations, interview involved parties, and compile reports that assist the court in making decisions prioritizing the child’s best interests.  

Misconceptions about Guardians ad Litem

It is important to clarify that GALs are independent advocates for the child and do not represent the interests of the parents or other parties. Furthermore, while GALs offer recommendations based on their assessments, they do not make any final decisions. Instead, they provide the court with the necessary information to make well-informed decisions regarding the child’s welfare.  

The Impact of Guardians ad Litem

The insights provided by GALs are invaluable. They bring clarity to the child’s situation and needs, ensuring that the court’s decisions are made with the best possible understanding of the child’s circumstances. Their advocacy plays a crucial role in shaping outcomes that are just and beneficial for the child involved.  

Conclusion

Guardians ad Litem are indispensable in ensuring that children’s interests are prioritized in Utah family law cases. By thoroughly understanding the role and function of GALs, families and legal professionals can navigate the complexities of family law more effectively.  

At Christensen Law, protecting families and children’s interests in family law cases is our top priority. Our attorneys offer years of expertise in GAL proceedings. For more insights on GALs or to schedule a consultation, visit our Guardian ad Litem FAQ or contact Christensen Law at (801)303-5800.  

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The Importance of Court Orders

Court orders related to custody and parent-time are designed to best serve the interests of the child or children involved. These orders define the rights and responsibilities of the parents, which can include living arrangements, schedules for visitation, financial support, and more.

A common misconception is the notion that custodial parents can withhold parent-time as retaliation for unpaid child support. This action not only violates the court order but potentially harms the child by depriving them of valuable time with the non-custodial parent. Similarly, a parent cannot refuse to pay child support because their parent-time is being denied by the other party.  These orders are in place to ensure that the child or children’s needs are met, regardless of the parents’ situations.

So, what should I do when court orders are not being followed?

In situations where a party is not complying with a court order, the aggrieved party has legal recourse to seek enforcement of the order, but it must be done quickly. It is a common misconception that it is in your best interest to delay legal action when there are issues enforcing orders, but that is not always the case. Delaying enforcement can signal to the court that the issue may not be of significant concern, potentially weakening your position. It is also important to note that courts typically aim to avoid assigning excessive makeup time, focusing instead on what serves the child’s best interest moving forward.

Enforcement actions include:

• Filing a motion to enforce order: This step involves filing a motion. This motion can ask the court to enforce any part of the order that is not being complied with, whether that be child support payments, visitation, or any other provision as it relates.
• Court review and enforcement: Upon reviewing the motion, the court may issue an enforcement order. This could include a judgement for any money owed, such as back child support, or specified makeup parent-time for visits that were wrongfully denied. The court aims to remedy the non-compliance in a way that serves the best interest of the child, or children involved.
• Contempt of Court: In severe cases, the court may find the non-compliant party in contempt of court, which means the individual has acted in a way that disrespects or disregards the court’s authority, potentially leading to penalties such as fines, mandatory corrective actions, or even jail time, depending on the nature and the severity of the behavior.

Contact Christensen Law Today for Assistance Enforcing Orders from the Court

With over 30 years of experience in various family law matters, we understand the emotional and logistical complexities that come with custody and parent-time issues. Our experienced family law attorneys and staff will help you navigate the enforcement process, allowing you to achieve your desired outcome. But we advise you to act quickly, as it is the best way to ensure that your desired outcome becomes the the end result. You can contact us today by calling (801) 303-5800 or utilize our online contact form to schedule a consultation. Whether you need assistance filing a motion or you are seeking advice on how to protect the interests of your family, we are here to help.

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In family law, changing circumstances often arise which can affect previously established decrees, specifically in child support agreements. One common scenario that we often encounter involves a parent’s remarriage, which can prompt our clients to question whether this can serve as grounds for modifying their child support obligations. However, the answer to that question is not always straightforward. In this blog post, we will delve into the nuances of Utah’s legal procedures to gain clarity on this topic.

Utah law does allow for the modification of child support under certain circumstances. This can include significant changes in:

·       One or both parents’ wealth or assets

·       One or both parents’ income (if the change is at least 30%)

·       One or both parents’ employment potential

·       One or both parents’ legal responsibility to support others

·       Medical needs of the child or children

·       Child custody modification

Additionally, there is an option to modify child support even if there is no significant change in circumstance, but it must be at least three years since the final governing order has been issued or previously modified.

Will Remarriage Affect Child Support Obligations?

While a parent’s remarriage is not automatically considered a reason for a modification of child support, it can create a compelling case with some of the circumstances listed above. For example:

·       Changes in the remarried parent’s wealth or assets resulting from the remarriage may prompt a modification, although the income of the remarried parent’s spouse is not factored into child support calculations.

·       If the remarried parent has other children in the home with their new spouse, the courts may consider any new obligations to ensure fairness and equity in the updated child support order but will not reduce a previous child support award.

·       A remarriage leading to child custody modification can also impact the original decree.

Seeking Legal Advice for Child Support Matters after Remarriage:

In conclusion, the impact of a parent’s remarriage on child support modification depends on several factors that are unique to each case. If you think you might have a strong case for modifying child support, contact us today to schedule an initial consultation with our experienced family law attorneys. Our attorneys and staff will help you through the process and ensure your rights and interests are protected.  

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Visitation Rights for Grandparents

Utah law recognizes the vital role grandparents play in their grandchildren’s lives and provides avenues for grandparents to pursue visitation rights in certain circumstances. Guided by Utah Code 30-5-2, grandparents can petition the court for an order establishing their right to visit their grandchildren. While grandparents do not have implied visitation rights, the court may grant visitation in certain circumstances if it serves the child’s best interests. Utah law presumes the parent’s decision to prevent grandparent visitation is in the child’s best interest, so the grandparent must prove they qualify and why the visitation would be beneficial.

Key Facets of Visitation Rights:

1. Legal Recognition: Utah law prioritizes familial bonds, acknowledging the importance of grandparents in children’s lives. Courts may order grandparent visitation if a strong relationship history is demonstrated.
2. Best Interests of the Child: The welfare of the child is paramount, with courts considering factors such as the quality of the relationship and the child’s preferences when determining visitation rights.
3. Parental Authority: While parental rights are crucial, courts may grant visitation to grandparents if certain circumstances are present and if visitation would benefit  the child.
4. Child’s Preference: If the child is over 14, their preferences may be considered by the court.

Conclusion: At Christensen Law, we’re committed to helping grandparents protect these relationships and uphold their rights under Utah law. If you’re a grandparent seeking visitation rights in Utah, don’t hesitate to contact us for support and expert legal guidance.

By understanding the legal framework and seeking the assistance of knowledgeable professionals, grandparents can navigate the legal system effectively and efficiently, ensuring that the relationships with their grandchildren are preserved and nurtured for years to come.

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*Scott and Suzie’s love story began in the glittering lights of Las Vegas, where they met during an unforgettable weekend getaway. After a whirlwind of blackjack, cocktails, and Elvis impersonators, they found themselves saying “I do” in an impromptu ceremony at a Little White Chapel.

But as the Vegas lights dimmed and reality set in, Suzie discovered a hidden side to Scott back in Utah. While unpacking their suitcases, Suzie discovered Scott’s secrets. Turns out, Scott had an undisclosed, shady financial history. Feeling deceived and betrayed, she found herself questioning their newfound relationship and whether she could trust Scott moving forward.

After seeking advice from trusted friends and family, Suzie decided to explore her legal options. Hearing that annulment might be the best course of action given the circumstances, she reached out to Christensen Law. With over 30 years of experience, our legal team knows how to navigate Vegas romances that have turned into legal nightmares.

In Utah, individuals seeking to dissolve their marriages have two primary options: annulment and divorce. While both processes result in the end of a marriage, there are significant differences between the two that are important to understand:

Annulment: Erasing the Marriage

An annulment is a legal proceeding that declares a marriage null and void, essentially treating it as if it never existed. Unlike divorce, which ends a valid marriage, an annulment renders the marriage invalid from its inception. Annulments are granted under circumstances where the marriage may have been illegal or where one of the spouses has been significantly dishonest or fraudulent about the marriage. Illegality can include lack of consent, underage marriage, bigamy, misuse of the marriage license, or other irregularities. Fraud or dishonesty about the marriage boils down to one spouse hiding or lying about significant information or intentions that would have resulted in the other spouse not going through with the marriage.

Divorce: Dissolving a Valid Marriage

Divorce is the legal process of ending a valid marriage. In Utah, divorce is available under “no-fault” grounds, meaning that couples can seek divorce without assigning blame to either party. Grounds for divorce in Utah include irreconcilable differences, which have caused the irretrievable breakdown of the marriage.

Key Similarities and Differences Between Annulments vs. Divorces

• Legal Effect: An annulment declares the marriage null and void, while divorce ends a valid marriage.
• Timing: The quickest possible annulment will take as long or longer than the quickest possible divorce. This is because judges usually hold hearings on annulments regardless of whether the annulment is contested. This type of hearing is usually scheduled at least one to three months in advance. On the other hand, judges do not usually hold hearings on uncontested divorces. Divorces do have a 30-day waiting period. However, that sometimes can be waived.
• Property Division and Support: In an annulment, property division and spousal support issues are handled the same as a divorce. However, the short duration of most annulled marriages typically results in a lack of significant marital property to divide and lack of good arguments for alimony.
• Children: Child custody and child support matters are treated the same way in annulment as they are treated in divorce or parentage cases.

Suzie’s Journey with Christensen Law

Upon meeting with our experienced family law attorneys, Suzie shared her concerns and provided details about the circumstances surrounding her marriage to Scott. We discussed the grounds for annulment, including fraud and misrepresentation, which seemed to align with Suzie’s situation. With our guidance, Suzie felt empowered to pursue legal action to dissolve her marriage to Scott and move forward with her life.

Throughout the annulment process, our team provided Suzie with personalized support, ensuring she understood each step of the legal proceedings and felt confident in her decisions. We assisted her in gathering evidence to support her case, including financial records and statements from witnesses who could attest to Scott’s deceit. In the end, Suzie’s perseverance paid off. With our representation, she was granted an annulment, officially nullifying her marriage to Scott.

Navigating the Legal Landscape with Christensen Law

Suzie’s story is just one example of the many individuals we’ve helped navigate the complexities of divorce and annulments. At Christensen Law, we understand that every case is unique, and we are committed to providing personalized guidance tailored to your needs and goals.

Whether you’re considering an annulment, divorce, or any other family law matter, our experienced attorneys are here to guide you through the process with compassion and expertise. Contact us today to schedule a consultation and take the first step toward resolving your family law matter with confidence.

* Please note: Suzie and Scott’s story is a fictional representation used for illustrative purposes.

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A Personal Reflection

Imagine this: You’ve recently finalized your divorce proceedings and are breathing a sigh of relief as you look ahead to a fresh start. However, life has a way of throwing unexpected curveballs, and, before long, you find yourself facing new challenges that require modifications to your divorce decree. This was the reality for one of our clients, Patty*, whose journey we’ll explore as we navigate the post-divorce modification process together.

Patty’s Story

Patty’s divorce had been emotionally taxing, but with the support of our dedicated legal team at Christensen Law, she successfully navigated the complexities of asset division, child custody arrangements, and spousal support agreements. However, as time passed, unforeseen circumstances arose that necessitated adjustments to her existing divorce decree. Patty had full-time custody of her children, while her ex-husband’s ability to exercise parent time had changed. Despite these changes, the child support amount remained unchanged, and Patty continued to claim the children on her taxes every other year. As Patty’s trusted legal advocates, we listened attentively to her concerns and worked to understand the nuances of her evolving situation.

Navigating the Legal Landscape

In Utah, post-divorce modifications are granted when there has been a substantial and material change in circumstances since the issuance of the original decree. This can encompass a wide range of factors, including financial fluctuations, changes in child custody needs, and relocation issues.

With our expertise in Utah family law, we guided Patty through the procedural requirements of filing a modification petition, ensuring that all necessary documentation was properly prepared and submitted to the court to align the court order with her new situation. Throughout the process, we provided Patty with support and reassurance, empowering her to advocate for her rights and the well-being of her family.

A Personalized Approach

At Christensen Law, we recognize that every client’s journey is unique, and we tailor our approach to meet their needs and circumstances. For Patty, this meant providing compassionate guidance and advocacy as she navigated post-divorce modifications.

From gathering evidence to presenting a compelling case in court, our legal team was by Patty’s side every step of the way, advocating for her rights and striving to achieve the best possible outcome for her and her family.

Conclusion

Patty’s journey with Christensen Law is just one example of the transformative power of expert legal counsel during times of uncertainty and upheaval. If you’re facing challenges that require modifications to your divorce decree in Utah, know that you don’t have to navigate this journey alone. Trust the experienced legal team at Christensen Law to provide the compassionate support and guidance you need to achieve a positive resolution. Contact us today to schedule a consultation.

*Please note: The name “Patty” is a fictional representation used for illustrative purposes.

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Child abandonment is an incredibly sensitive and complex subject for parents. The thought of parting with their cherished children is unimaginable for most. Nonetheless, within the realm of the legal world, child abandonment often arises as a contentious matter in divorce cases and custody disputes.

We frequently hear from concerned mothers and fathers who fear that their estranged partners might resort to baseless allegations of child abandonment to strip them of their parental rights.

Defining Child Abandonment in Utah

Proving child abandonment in Utah is not as straightforward as it may seem, as defined by Utah Code §80-4-302. According to this statute, child abandonment entails intentionally relinquishing physical custody of your child and for six months after not manifesting an intent to resume custody or make arrangements for care.

Abandonment or neglect can also be claimed if a parent fails to provide necessities such as food, shelter, or clothing, declares the intention to abandon the child, or exhibits a lack of genuine interest in resuming physical custody. Case law also supports the notion of abandonment if a parent fails to maintain contact or a relationship with their children for over six months.

The Emotional Impact on Children

However, it’s important to note that child abandonment is not only a legal concern but also a deeply emotional one that can impact the lives of children profoundly. When a child feels abandoned by a parent, it can lead to feelings of insecurity, self-doubt, and even long-lasting emotional trauma.

Prioritizing Children’s Well-being

As such, both parents must recognize the significance of their roles in their children’s lives and strive to maintain a strong and supportive relationship with them. Even in the face of difficult circumstances such as divorce or custody battles, the well-being of the children should always be the top priority.

Mediation and Counseling as a Solution

In some cases, mediation or counseling can be helpful to facilitate communication and cooperation between parents, thereby minimizing the negative impact on the children involved. Parents need to put aside their differences and work together to create a stable and nurturing environment for their children.

Societal Responsibility

Society should also play a role in addressing the issue of child abandonment. By providing support and resources for struggling parents, we can help prevent situations that may lead to abandonment in the first place. This includes access to affordable childcare, parenting classes, and financial assistance for families facing hardships.

Support from Schools and Community

Schools and community organizations can play a vital role in providing a support system for children who may be experiencing family challenges. Creating a safe space where children can express their feelings and receive guidance can make a significant difference in their emotional well-being.

Working Together for Change

Ultimately, addressing the issue of child abandonment requires a collective effort from individuals, families, and communities. By working together and prioritizing the welfare of children, we can help create a society where child abandonment becomes a rare occurrence rather than a troubling reality.

Legal Recourse and Advocacy

In cases where child abandonment allegations surface during legal proceedings, it becomes crucial for affected parents to seek appropriate legal representation.

Engaging a skilled family law attorney who understands the nuances of child custody and abandonment issues can significantly strengthen a parent’s position in court. These legal experts can not only provide guidance but also ensure that the best interests of the child remain at the forefront of any legal decision.

Educating and Raising Awareness

Promoting education and awareness about child abandonment and its potential consequences is vital. Through public campaigns, workshops, and informational resources, we can help parents understand the lasting effects of their actions on their children. By encouraging responsible parenting and fostering a supportive environment, we can reduce the likelihood of child abandonment cases arising in the first place.

Building Strong Support Networks

Establishing robust support networks for parents can alleviate some of the pressures that may contribute to child abandonment situations. Providing accessible counseling services, mentorship programs, and community groups can empower parents with the tools and resources they need to navigate challenging circumstances.

Creating Safe Spaces for Dialogue

In any separation or divorce, communication is key to addressing child custody issues effectively. Facilitating open and respectful communication between parents can lead to more amicable solutions that safeguard the well-being of their children. Mediation services can play a pivotal role in fostering constructive discussions and reaching mutually beneficial agreements.

Child Advocacy and Protection

Above all, we must prioritize the protection and welfare of children in cases of child neglect. Child protection agencies and organizations play a vital role in ensuring that the rights and safety of children are upheld. By collaborating with these entities, we can create a safety net for vulnerable children and intervene when necessary to prevent abandonment and neglect.

Conclusion

While child abandonment may be a legal concept defined by statutes, it is essential to remember that its impact extends far beyond the courtroom. The emotional well-being of children should always be at the forefront of any discussion surrounding this sensitive issue. By fostering open communication, understanding, and empathy among parents and society, we can take significant strides toward minimizing the occurrence of child abandonment and ensuring a brighter and more secure future for all children. Through legal advocacy, education, and strong support systems, we can empower parents to prioritize the best interests of their children and build a society where child abandonment becomes an unthinkable tragedy of the past.

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What is an annulment?

An annulment nullifies a marriage, deeming it to have never legally existed, whereas a divorce dissolves a valid marriage. If your marriage was deemed invalid under Utah law from its inception, you might be eligible for annulment.

How do you get an annulment in Utah?

To obtain an annulment in Utah, you must establish legal grounds (reasons). The state recognizes various grounds for annulment, including fraud, incest, underage marriage, bigamy, misrepresentation, and impotence. Any other ground accepted under the common law is also grounds for annulment in Utah. However, researching and establishing those grounds may be more difficult.

Proving fraud as grounds for annulment can be challenging in Utah. The deception must be severe enough that the innocent spouse wouldn’t have entered the marriage had they known about it. Additionally, the fraud must be directly related to the marriage itself.

Regarding underage marriages, Utah sets the legal age at 18, but marriage can occur at 16 with parental consent. An annulment based on age likely be granted if the underage spouse had proper consent at the time of marriage. However, a parent or guardian can file for annulment on behalf of the underage spouse.

Misrepresentation, as grounds for annulment, must pertain to present facts. For example, if one spouse concealed a criminal record and falsely claimed to be paying child support while squandering funds on fines and restitution, an annulment may be granted.

To initiate an annulment process in Utah, you must file a “Petition for Annulment” in the district court of the county where either you or your spouse has resided for at least 90 days. You will be the “petitioner,” and your spouse the “respondent.” If you need assistance, inquire at your district court clerk’s office, as they may offer sample forms for filing.

The petition should provide the full names of both spouses and any minor children, along with the county of residence. Clearly state the legal grounds for the annulment and all matters you wish the court to address, such as child custody, visitation, child support, alimony, and property division.

Once the complaint has been filed and served, if the other party agrees to the annulment immediately, the court will schedule a hearing. It is essential to present evidence and witnesses supporting your grounds for annulment during the hearing. If the judge finds your case compelling, he or she will sign an order annulling your marriage.

Following an annulment, your marriage will be considered null and void, as if it never existed legally. However, like divorce proceedings, the court can address matters such as custody, visitation, child support, alimony, and property division.

It’s important to note that children from annulled marriages are still regarded as legitimate under Utah law. They possess the same rights as children from valid marriages, including inheritance rights and financial support from both parents. If you have further questions after reading this article, consider seeking advice from a local family law attorney. Additionally, contacting the district court clerk’s office in your county can provide valuable assistance, including access to forms and relevant resources.

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Below, we provide some tips for those who are going to trial now or maybe going in the distant future. The advice we provide here is general in nature. You should consult with an attorney for specific advice for your unique situation.

Going to Court is Not Ideal, But May Be Necessary

When a judge makes a decision at trial, it is likely that neither party will be completely satisfied. Moreover, taking a case to trial is expensive. Therefore, you should give serious consideration to settlement options at all stages of your case. This includes the day of the trial.

But, you should be careful to avoid agreeing to a settlement with which you cannot live. It may be that trial is expensive in the short run, but cheaper in the long run.

You Will Not Be Able to Tell the Judge Everything You Might Want to Say

The law requires the judge to make decisions based on certain information. The rules of evidence also exclude other information or evidence. The judge will disregard information that is irrelevant to what he or she needs to know to make the decisions. Nor will the judge consider redundant or prohibited evidence or testimony.

We have found that this reality can be emotionally difficult for some clients.

Unfortunately, too much irrelevant or redundant information can distract the judge from good arguments and evidence.

A family law attorney can help you understand which evidence the judge needs to know and present it to your advantage.

You May Need to Change Strategy at Trial

As the trial progresses, it may become clear that the judge likes some of your arguments better than others. This means you may need to abandon your favorite arguments or exhibits and focus on backups.

An attorney can help you recognize the need to shift and help you come to trial with backup plans.

There Is A Good Chance Trial Will Not Go Perfectly

No matter how well prepared you are, it is likely that the trial will not go perfectly. If you testify, you will be cross-examined. Witnesses do not always say things the way you wish they would say them. And of course, the other side gets to tell their story.

An attorney can help you cope with and overcome the curveballs.

The trial is Not the End of the Case

After the judge has ruled at trial, there is the potential for post-judgment motions and appeals.



If you lose, speak with a family law attorney serving Salt Lake City about your options for a post-judgment motion or appeal.

If you win, do not do anything rash and be patient for the appeal and motion deadlines to pass.

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