How Long Is A Temporary Order Wait

Question About Temporary Order

How long is a temporary order wait in Davis County?

Answer

Temporary orders in Davis County must be heard first by Commissioner Dillon. The first step is to file a Petition for Custody/Divorce. Then you must file a motion for temporary orders and set that on the Commissioner’s calendar. There are several things that can slow you down, but generally, you can have the next available date which is about 4 weeks from filing. Obstacle one: you must serve the petition on the other party at least 21 days before the hearing. Obstacle 2: you must serve the motion 14 days before the hearing. Obstacle 3: you must take the divorce education class before temporary orders if you are getting a divorce. Obstacle 4: the court freely grants one-time extensions to the other party for a good reason. If you have questions on your proposed order compare to the check list in the link “Custody Orders” below.

How Long Is A Temporary Order Wait
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How To Change Custody And Child Support

Question

My ex wife had been on disability and now does not have the children. My ex wife has been on disability for years, she has been the custodial parent, but has me taking the children now full time. I still pay her child support even though I now have the children. I’m asking her to remove the order, does or is she able to pay child support to me now that I have the children? Even though she is on disability?

Answer

The underlying issue here is a change of custody. You need to ask the court to change its custody order to reflect the agreed change of custody. Under Rule 106(b) of the Utah Rules of Civil Procedure, the general rule is that the old order stays in place while your Petition to Modify Custody is pending. However under Rule 106 b)1)B) the court can ratify the changes of the parties immediately. The court generally does give you temporary custody when the two parents have made that change on their own. However, if the mother changes her mind, and asks for the children back, it is less likely that the court would change custody until there is a trial. The reason you should file your request for custody now is that the parties are in agreement. You should consult an attorney to determine whether the children are entitled to receive a disability payment or some other support due to their mother’s disability. For further information on the custody order you need click on the blog below “Custody Order”.

How To Change Custody And Child Support
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What To Do When Faced With Mediation

Question Asking For Mediation Tips

I have a question about mediation tips.  Could you stop your ex wife for suing or taking you to Mediation? After the decree and mediation it was agree the debts were split in half.

Answer

No, only the court can stop a suit. If your ex wife sues you, you have limited options. You should seek legal advice from an attorney to decide which option is best. First you may have a basis for a Motion to Dismiss or for a Motion for Judgment on the Pleadings. Second, if you cannot get the court to dismiss, you must answer the suit. If you do not, the judge can and likely will rule in her favor. If the decree requires you to mediate any dispute before going to court, you can ask the court for an order compelling mediation. Also, if you have a claim that she has not paid her share of the debts, you must bring that to the court in an enforcement motion. However, you only need to do this if the creditor is coming against you or if her noncompliance is affecting your credit. Click on my blog “Mediation Tips” below for further information.

What To Do When Faced With Mediation
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How To Make Own Parent Time Schedule

Question

Custody – Part-time schedule amendment questions Utah. When agreeing to joint custody, are my ex and I able to come up with our own schedule. For example, instead of 111 days with dad and 254 days with mom, could we make out own numbers? I know there is an amendment in the works for extended parent time with 145 nights for dad and 220 nights for mom. Can we agree to our own schedule in mediation? Can my ex take me back to court and change this at any time? Ideally we would have a minimum schedule we agree upon in mediation, and just work it out from there going forward (maybe a little more days, maybe a little less), but I need to know what the different possibilities for this are. Thanks!

Answer

The court ultimately decides what is in the best interests of a child for divorcing parents. However, if you reach your own parent time agreement, no matter what it is, the court will probably follow it. I have not seen a court second guess the parents’ time share agreements in 20 years of practicing in this area unless one of the parents disputes it. Before you go to mediation you should review the two links, “Mediation Tips” and “Custody Orders” below for a check list and ideas on what mediation offers.

How To Make Own Parent Time Schedule
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Can DCFS Take Custody Away From Parent

Question About DCFS

Can DCFS give custody of my daughter to her grandmother during a truancy review they never even gave me a chance. The court had never said that custody was an issue.  They had never said they would take it away from me nor did they give me a chance. They actually gave her back to her grandma where she had just been dropped off from. She washed her hands of her. She regularly skipped school, suicidal, and had two new piercings. I had her into home study and counseling.

Answer

If the state has custody of your daughter, DCFS has the right to determine who to place your daughter placed with. However, the court oversees this decision. If the state removed your daughter from your custody, the court will set a shelter hearing within three days. What you describe is a temporary custodial arrangement that can be changed by the court at any time. You can file a motion with the court at other times with your custody request, but your request must be timely. You should retain counsel to help you meet the very strict deadlines in Juvenile Court.

Can DCFS Take Custody Away From Parent
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How To Get Alimony From A Short Marriage

Question

Short marriage, rich husband, lots of premarital assets, paid off home. I had roughly $400K in premarital assets. I purchased a home worth $350K with $180K down payment 2 weeks before marriage. Wife had a brother do the loan and claimed I needed her income on loan ($17K/ year) to qualify. I’m self-employed and pay a salary of $50K/year but make more. The home was gradually paid off through marriage until July 2014. Wife separated November 30, 2014. Marriage was August 1, 2013. She’s attending nursing school, 25 years old,trying for $2,000/month in alimony and half equity in my home. Wife claims emotional abuse. Last week, however, she was caught committing adultery.

I feel completely betrayed but I realize I need to protect myself. What are my chances of “winning” this divorce? A “win” is giving her nothing. She’s trying for temporary al. too. No kids.

Answer

If there were a prenuptial agreement, it would generally be enforceable. The underlying issue is whether you will receive your premarital money absent a prenuptial agreement. If you used your inheritance to pay the down payment, you generally can get back your premarital investment and at least a portion of the house will be yours alone.

However, if your monthly payments came from using your earnings, she has a claim to half of your income during the marriage and half of the equity paid with that income. If all house payments were made from your premarital account, her claim is harder. A second issue here is whether you will have to pay alimony for a marriage 18 months ago. To get alimony, generally, you need a longer marriage. The longest your wife could get alimony is the period between divorce and marriage. You should consider mediating the house division if there is some marital investment. Click on my blog below, “Mediation Tips”, for more information.

How To Get Alimony From A Short Marriage
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How To Battle Custody And Drug Abuse

Question About A Custody Battle

I have a question about my custody battle. How does my single son obtain custody of his child in the state of Utah? My son and his girlfriend have a two-year-old together. They had been living together until recently and the mom has moved into her mother’s house. Mom is doing drugs and living in a known house for drug abuse. She is a good mom when she is not doing drugs and loves her daughter. Mom was recently admitted to hospital for attempting suicide. My son has the baby with him and provides all care.

Answer

If your son wants custody, he should not voluntarily agree to return the child to the mother when she gets out of the hospital. He should file for custody while she is in the hospital to demonstrate that he is the acting custodian based on her actions. This is the type of case where an investment in an attorney now could pay big dividends down the road to secure a custody award. If you want tips on what to put in a custody order click on my link “Custody Order” below.

 

How To Battle Custody And Drug Abuse
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How To File Temporary Orders

Question

Temporary orders and opposing temporary orders. My husband and I are separated. He is threatening to get temporary orders saying he has custody of the children. He has worked full time their entire lives and I have I stayed home with them (2 year old and 4 year old). I am considering filling temporary orders saying that I have the children most of the time and he has visitation. I don’t want my kids to be with his mom or in daycare while he is at work, and I don’t think the children should lose their primary caregiver just cause he is mad at me.

My questions are: if I file for temp custody, will this increase my chances of getting primary custody later? OR increase my chances of primary caregiver with joint custody?

What will happen when he files opposing the temporary orders? What are the chances that he can get them changed?

Additional information

Also, how long do Temporary Orders take? What should I do in the meantime? Is there a way to speed them up?

AnswerYou should file a motion requesting temporary custody. If he happens to file first, then you should file a counter motion. The court will weigh heavily both the historical caregiver and the availability to care for the children full time. Custody is a very complex determination. If you are on the Wasatch Front where your motion is heard by commissioners, you should also ask the court to give you an evidentiary hearing on the issue of temporary custody. This will allow the parties to testify about the issues relating to temporary custody. If you have further questions on what to ask for in a temporary custody order, click on my blog “Custody Order” below.

How To File Temporary Orders
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How To Enforce Custody Rights

Question About Custody Rights

I have a question about custody rights. My ex-husband took my son for the weekend and never brought him back. Now he is trying to have me put in jail for back child support. I’m a single mom just had twins no job what can I do?

court-2

Answer

I will assume that the Divorce Decree gives you custodial rights. Legal Aid may be able to help you enforce those without charge (801)328-8849. I would contact them quickly and file a motion with the court as soon as possible. Waiting to enforce your custody rights may result in a change of custody. If your son stays with his dad for very long, the court may leave him there rather than disrupt his living situation again. However, if you act now the court will enforce its current order. The court will want you to go to mediation first. You should at least ask the mediation to be set up now through the court. Click on my link “Mediation Tips” below for more information.

How To Enforce Custody Rights
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How To Make Parent Time Decisions

Question

I heard a term… a person assigned in advance to take parent time disputes to and they make the decisions….. I want to say it’s a troubadour. It’s not a therapist or a mediator, or a GAL, just a therapist type person the parents consult that charges like $70 or whatever ridiculous fee that has the final say. whatever it is are there reasons not to ask for one in a high conflict situations? My ex sounds like he thinks he can resolve the supervised parent time because I feel I had good reason not to sign a contract with the one supervisor. is this something I should ask for?

Answer

No. If you involve a third party decision maker, you should get legal advice. You may find that a coordinator complicates the issue. The parents should never use the parent time coordinator to make decisions. Reserve decisions for the court. Supervised visitation is put in place by the court to protect the children. It is highly unlikely that supervision orders would be set aside on a technicality. However, you should follow the court orders regarding supervisors. If there is an issue with a supervisor, speak with an attorney about how you should handle the situation. For further information on third party decision makers, click on the link “Special Masters” below.

How To Make Parent Time Decisions
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