When Can a Juvenile Be Tried in Adult Court? 

There are several conditions under Utah law that determine whether a juvenile will be tried as an adult. These include both automatic transfers and discretionary decisions by the court. 

First, 16 and 17-year-olds accused of murder are automatically tried in adult court. The gravity of this offense bypasses the juvenile court system entirely, reflecting the seriousness with which such cases are treated. 

Similarly, a 16 or 17-year-old who has previously been sentenced to a secure facility and is later charged with another felony will also face automatic transfer to adult court. This policy aims to address repeat offenders who continue to commit serious crimes despite prior interventions. 

For juveniles charged with certain violent crimes, referred to as the 10 designated felonies against a person, the case initially begins in juvenile court. However, unless the juvenile can convince the judge that there are compelling reasons to keep the case in juvenile court, they will be remanded to adult court.  

Lastly, juveniles as young as 14 years old can be transferred to adult court if they are charged with a felony and the prosecutor persuades the juvenile court judge that it is in the state’s best interest. While this decision is not automatic, it allows the legal system to hold young offenders accountable for particularly serious or violent crimes. 

What Are Designated Felonies Against a Person? 

While the specific 10 designated felonies are not listed here, they typically include violent crimes such as: 

• Aggravated assault 

• Kidnapping 

• Aggravated robbery 

• Sexual assault 

• Attempted murder 

These offenses are deemed severe enough to warrant stricter legal action and potential transfer to adult court. 

Why It Matters 

The consequences of being tried in adult court are far more severe than those in juvenile court. Adult court focuses on punishment rather than rehabilitation, which means juveniles tried as adults face the possibility of lengthy prison sentences in adult facilities. Unlike juvenile court records, convictions in adult court are permanent and can significantly impact future opportunities, including education, employment, and housing. 

For families, this transition represents a critical turning point. A decision to transfer a case to adult court can shape the trajectory of a young person’s life, making it essential to understand the process and seek strong legal representation. 

How Christensen Law Can Help 

If your child or a juvenile you care about is facing charges that could result in being tried in adult court, it is crucial to act quickly. At Christensen Law, we have extensive experience in juvenile defense cases in Utah. Contact us today to schedule a consultation and learn how we can assist you during this challenging time. 

Resources

Utah State Courts

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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 free consultation and take the first step toward resolving your situation. 

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Understanding Parental Rights Termination 

Parental rights can be terminated for several reasons, often related to serious issues like neglect, abuse, abandonment, or a consistent failure to provide necessary care and support. When the court decides to terminate these rights, it effectively cuts all legal ties between the parent and the child. This means that the parent no longer has the right to have custody or make decisions about the child’s life, such as schooling, medical care, or living arrangements. It’s a profound legal action, and because of its permanence, courts do not take the decision to terminate lightly. For a parent facing this situation, the thought of appealing the decision may feel like a glimmer of hope, but it’s important to understand the complexity involved in these cases. 

Can You Appeal the Termination of Parental Rights? 

Yes, you can appeal a court’s decision to terminate your parental rights, but this process is not as simple as filing paperwork and waiting for a hearing. Appeals are usually only successful if there was a legal or procedural error during the original termination proceedings. This could mean that the court did not follow proper protocol, overlooked critical evidence, or failed to provide the parent with appropriate legal representation. Appeals are not meant to reargue the entire case or present new evidence but rather to examine whether the original court followed the law correctly when making its decision. As such, the chances of success depend heavily on the specifics of your case and the reasoning behind the initial ruling. 

What Are the Steps to Appeal? 

If you believe that there were errors in the process that led to the termination of your parental rights, the first step is to consult with an attorney who specializes in family law and appeals. Time is of the essence when it comes to filing an appeal. According to Utah law, an appeal in a termination of parental rights case can be due as soon as 15 days from entry of the termination order. Your attorney will carefully review the court rulings, trial transcripts, and other relevant documentation to determine whether there is a valid basis for an appeal. They will then draft and file a petition on appeal, which outlines the legal grounds for challenging the termination decision. 

Once the petition on appeal is filed, it will be reviewed by an appellate court to see if it can decide the case immediately or will need further briefing. The appellate court will not usually reconsider the facts of the case but will instead focus on whether the lower court made any legal mistakes. If the appellate court finds that errors were made, they may reverse the termination or send the case back to the lower court for further proceedings. However, if the appellate court determines that the original ruling was fair and legally sound, they will uphold the termination of parental rights. 

Visit the Utah Court of Appeals for more detailed information about appellate processes. 

Final Thoughts 

Appealing a termination of parental rights is a difficult and emotional process, and not all cases are successful. The legal system is designed to protect the best interests of the child, and this remains the central focus during an appeal. Each case is unique, and understanding the legal grounds for an appeal and the factors involved will help you determine whether pursuing an appeal is the right step for you. If you are seriously considering an appeal or have questions about the process, call us today or fill out our online contact form for a consultation.  

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It is crucial to gather the right team of professionals, including experienced divorce attorneys and financial advisors, to guide you through what is likely to be a complex and contentious divorce process. With the right support, you can protect your interests and achieve a fair outcome even with the challenges of a high net worth divorce.

The Role of Income in High Net Worth Divorce

In high net worth divorces, income plays a pivotal role in several aspects of the proceedings. During the divorce process, individuals must disclose their income along with other financial assets. This transparency is crucial as income directly impacts financial settlements and alimony arrangements between spouses. Essentially, the higher the income, the greater the impact on settlements and support payments, often leading to larger payments to maintain financial stability post-divorce.

Child Custody Decisions in High Net Worth Divorces

When it comes to child custody decisions, the complexity can fluctuate based on the net worth of the parents. However, it’s not just about the financial resources; it’s also about the level of contention between spouses and their priorities regarding their children’s well-being. Despite the potential for conflict, it’s crucial for parents to prioritize their children’s welfare throughout the divorce process. Minimizing the impact of divorce on children should always be a priority, even in high net-worth cases where tensions may run high. So, whether it be a traditional divorce case or high net worth, the overarching principle remains the same: the best interest of the child must be paramount in any custody decision.

Alimony Considerations for High Net Worth Couples

In high net worth divorces, alimony, also known as spousal support, brings additional considerations. Financial assets, investments, retirement funds, estate planning, and business interests often factor into the determination of alimony. The court also considers the duration of the marriage, each spouse’s earning capacity, contributions to the marriage, and the established standard of living. The lifestyle during the marriage may be particularly significant for high net worth couples, especially if one spouse supported the other’s career advancement.

Five Strategies for Success

1. Assemble a Strong Support Team
   • Seek experienced divorce attorneys and financial advisors specializing in high net worth cases to guide you through the process.
2. Maintain Transparency
   • In divorce cases, especially high net worth ones, attempting to hide assets can lead to severe consequences. Courts will view asset concealment unfavorably, and discovery can result in significant penalties. Instead, be transparent. Full disclosure of assets and income is fundamental for fairness and success in divorce proceedings. With forensic accounting techniques continually improving, attempts to hide assets are likely to be uncovered.
3. Prioritize Children’s Wellbeing
   • Despite the challenges that may arise in a high net worth divorce, minimizing the impact of divorce on children should stand as a priority for both parents. This includes not only addressing their immediate needs but also protecting their emotional and psychological welfare in the long term. By prioritizing their children’s welfare, parents can help mitigate the potential negative consequences and provide stability during this transitional period.
4. Negotiate Wisely
   • In high net worth divorces, strategic negotiation is crucial. Aim for fair settlements and alimony arrangements that protect your interests.
5. Plan for your Future
   • Look beyond the immediate divorce proceedings and consider long-term financial and lifestyle implications. Establishing a solid plan for post-divorce life is essential for both parties’ well-being.

For more information on how to navigate a high net worth divorce, contact Christensen Law. With over 30 years of experience in divorce proceedings, our team is well-equipped to provide you with the guidance and support you need during this challenging time. Call (801) 303-5800 to schedule a consultation.

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 At Christensen Law, we understand that ending a marriage later in life comes with its unique set of challenges. In this blog post, we’ll explore what Gray Divorce is, why it’s becoming more common, and its implications. Our goal is to provide valuable insights and legal guidance to those navigating this difficult transition.

What is Gray Divorce?

Gray Divorce refers to the dissolution of marriage among older couples, typically when at least one partner is 50 years or older. These divorces have distinct characteristics compared to those of younger couples, including complex financial issues, longer durations of marriage, and significant emotional and social impacts.

Why does Gray Divorce Happen?

Several factors can contribute to the increasing rates of Gray Divorce: ­­­

• Longer life expectancies: As people live longer, healthier lives, they are more willing to make significant life changes later in life.
• Empty nest syndrome: This phenomenon occurs when children leave the home, leaving parents to face the reality of their relationship without the common focus of childrearing. For some, this transition exposes underlying issues in the marriage that were previously overshadowed by parenting responsibilities.
• Changing social norms: There is less of a stigma associated with divorce now than in previous generations.
• Personal growth and independence: Individuals may seek personal fulfillment and happiness outside of unsatisfying marriages, a trend that has grown as societal roles have evolved.

Utah Gray Divorce Statistics

In Utah, both men and women begin marrying in significant numbers between the ages of 20 and 34, with nearly 40% of men and 50% of women being married during this period. By the age of 55-64, this figure rises to 70%. Despite the high prevalence of marriage, the incidence of Gray Divorce has seen a significant rise, mirroring national trends.

In 1970, about 8% of Americans who divorced were age 50 and older. By 2019, that share had jumped to 36%, according to Susan Brown and I-Fen Lin, sociology professors at Bowling Green State University. About 1 in 10 people who divorced in 2019 were at least 65 years old. Meanwhile, rates of divorce have declined among younger adults, highlighting a significant demographic shift. .

Implications of Gray Divorce

• Financial Planning and Security: Divorcing later in life can significantly impact retirement plans, necessitating a thorough review of assets, pensions, and retirement accounts.
• Estate Planning: It’s crucial to update wills, trusts, and beneficiary designations to reflect the new marital status.
• Healthcare and Insurance: Changes in health status and insurance coverage are also significant considerations.
• Social Networks: Divorce can lead to changes in friendships and support networks, which are particularly important as one ages.

How Christensen Law Can Help

At Christensen Law, we specialize in providing compassionate and comprehensive legal services tailored to the needs of those experiencing a Gray Divorce. Our approach includes:

• Expert Financial Guidance: We help you understand and manage the division of complex assets to secure your financial future.
• Customized Legal Strategy: Each client receives personalized legal strategies designed to meet their specific circumstances and goals.
• Support and Advocacy: Our team is dedicated to supporting you through every step of the legal process, ensuring you feel heard and empowered.

If you or someone you know is considering a divorce later in life, it’s essential to seek skilled legal representation. Christensen Law is here to help navigate the complexities of Gray Divorce, protect your interests, and prepare you for the next chapter of your life. Contact us today to schedule a consultation by calling (801)303-5800 or utilize our online contact form and learn more about how we can assist you during this pivotal time.

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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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A common question often asked is:

“How does Utah’s equitable distribution principle affect retirement savings acquired during marriage?”

Utah adheres to the principle of equitable distribution, meaning that marital assets are divided fairly but not necessarily always equally between spouses. When it comes to retirement savings accumulated during the marriage, these funds are typically considered marital property, regardless of individual contributions or whose name is on the account.

Here are three hypothetical scenarios that illustrate this retirement savings during divorce:

Scenario 1: George and Patty have been married for over 20 years, both diligently contributing to their joint finances, including shared retirement savings. As they navigate their divorce proceedings, they choose to approach asset division amicably, recognizing each other’s contributions to the marriage. They agree to split their retirement savings evenly, acknowledging both parties’ roles in accumulating the funds. George and Patty opt for mediation to finalize their divorce settlement, ensuring a fair and equitable distribution of assets while preserving an amicable relationship.

Scenario 2: In this scenario, Patty is the primary breadwinner while George took on caregiving duties and household responsibilities. Despite Patty being the sole contributor to their retirement savings, George expresses a desire for equitable division, touting his non-financial contributions to the marriage. Patty respects George’s wishes and agrees to split the retirement savings fairly. They reach a settlement that considers all contributions, finalizing their divorce with a mutual understanding of each other’s needs and priorities.

Scenario 3: George and Patty’s marriage has fallen apart, resulting in a contentious divorce. Throughout their 20+ year marriage, George was the sole breadwinner, diligently contributing to his 401(k)-retirement account while Patty focused on other pursuits. As their divorce unfolds, Patty demands a significant portion of the retirement savings despite her minimal financial contributions. George opposes her claims, arguing that he alone should retain ownership of the funds. They engage in prolonged litigation, each seeking to secure their own financial interests.

Ultimately, the court determines a fair and equitable division of assets, considering Utah’s laws on marital property and equitable distribution. While George does not retain the entirety of his retirement savings, Patty does not receive all that she fought for.

Regardless of the specific circumstances, the court orders a distribution of assets deemed fair and equitable. Determinations are made on a case-by-case basis, often with the goal of fostering negotiation or mediation for a fair settlement rather than relying solely on litigation.

In conclusion, protecting retirement savings during divorce proceedings requires an understanding of equitable distribution principles and a willingness to consider each party’s contributions to the marriage, both financial and non-financial. By approaching asset division with respect, cooperation, and with the guidance of legal professionals at Christensen Law, couples can strive for a fair resolution that safeguards their financial future and promotes a smoother transition into post-divorce life. Call (801) 303-5800 to utilize our online contact form to schedule a consultation.

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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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