Understanding how online behavior can affect legal outcomes is essential for anyone involved in a family law case.

What Is Social Media Evidence in Family Law Cases?

Social media evidence refers to information obtained from online platforms such as Facebook, Instagram, TikTok, Snapchat, X (Twitter), LinkedIn, or messaging apps. This type of digital evidence may include posts, photos, videos, comments, private messages, location check-ins, and other activity that reflects a person’s actions or statements.

In family law cases, attorneys may use this information to establish timelines, challenge claims made during court proceedings, or demonstrate patterns of behavior that are relevant to the dispute.

Because social media content often captures unfiltered moments from daily life, it can become powerful evidence when presented in court.

How Online Behavior Can Affect Divorce Proceedings

During divorce proceedings, courts often examine financial disclosures, credibility, and lifestyle claims. Social media evidence can contradict statements made during the legal process.

For example, a spouse claiming financial hardship may undermine their credibility if their social media posts show expensive travel, luxury purchases, or other signs of significant spending. Similarly, posts about new relationships, vacations, or major purchases may become relevant when evaluating spousal support or property division.

Even seemingly harmless posts can create complications if they contradict sworn statements made during the case.

Social Media and Child Custody Decisions

Social media evidence can play a particularly important role in child custody disputes. Courts prioritize the best interests of the child, and online behavior can influence how a judge views a parent’s judgment, lifestyle, and ability to provide a stable environment.

Photos or videos involving risky behavior, substance use, unsafe environments, or inappropriate conduct around children may be used as evidence during custody proceedings. Posts that show hostility toward the other parent or attempts to involve children in the conflict may also raise concerns.

Judges often look for signs that parents are acting responsibly and prioritizing their child’s well-being both offline and online.

Digital Evidence in Messages and Private Communications

Social media evidence is not limited to public posts. Private messages, direct messages, and other forms of digital communication can also become part of family law cases.

Text conversations, messaging app exchanges, or direct messages may reveal threats, harassment, attempts to hide assets, or discussions that contradict statements made in court. In some situations, these communications provide insight into a party’s intentions, behavior, or level of cooperation during the dispute.

Because digital communication leaves a permanent record, it can become an important form of evidence during litigation.

The Legal Impact of Social Media Evidence

Courts generally allow social media evidence when it is relevant and properly authenticated. Attorneys must demonstrate that the content accurately represents the account holder’s activity and has not been altered.

Once admitted, digital evidence can influence credibility, support claims made by one party, or weaken arguments made by the other. In many cases, social media evidence is used alongside financial records, witness testimony, and other documentation to build a more complete picture of the situation.

The legal impact of online behavior often depends on the context in which the evidence is presented.

Common Mistakes People Make on Social Media During Family Law Cases

One of the most common mistakes individuals make during family law cases is assuming their online activity will not be seen by the court. Even private accounts or deleted posts may still be discovered through screenshots, shared content, or subpoenas.

Posting negative comments about a spouse, discussing details of the legal case, or sharing photos that suggest irresponsible behavior can create unnecessary complications. Online arguments or public accusations may also reflect poorly during court proceedings.

Maintaining careful online behavior during a family law case can help avoid creating evidence that may later be used in court.

Protecting Yourself From Social Media Risks During Legal Proceedings

Anyone involved in a divorce or custody dispute should be cautious about how they use social media. Limiting posts, avoiding discussions about the case, and refraining from negative commentary about the other party can reduce the risk of creating harmful evidence.

It is also important to remember that friends or family members may tag photos or share content that becomes visible in court. Adjusting privacy settings and exercising discretion online can help protect against unintended consequences.

Taking a thoughtful approach to social media use during a family law case can prevent unnecessary complications.

Understanding the Growing Role of Digital Evidence in Family Law

As digital communication continues to shape everyday interactions, social media evidence is likely to remain an important factor in family law cases. Courts increasingly recognize that online behavior can provide insight into financial claims, parenting practices, and personal credibility.

Individuals navigating divorce, custody disputes, or other family law matters should understand that their digital footprint may become part of the legal process. Careful online behavior and knowledgeable legal guidance can help ensure that social media does not negatively impact the outcome of a case.

At Ascent Law, family law cases are handled with careful attention to all forms of evidence, including digital evidence that may influence court decisions. Understanding how social media evidence can affect legal outcomes helps clients approach their cases with greater awareness and preparation.

In today’s digital world, technology touches nearly every aspect of our lives—including parenting after divorce or separation. For parents navigating custody arrangements, co-parenting apps have become powerful tools to streamline communication, manage schedules, and reduce conflict. But as these apps become more widely used, they raise important questions about parental rights, digital custody, and the role of legal technology in family law.

The Rise of Co-Parenting Apps

Co-parenting is rarely simple, especially when emotions run high. To make the process smoother, apps like OurFamilyWizard, TalkingParents, and Cozi have stepped in to help. These platforms provide:

• Shared calendars for custody schedules
• Message tracking that reduces miscommunication
• Expense management tools for childcare and extracurriculars
• Secure records that can be reviewed in court if disputes arise

For many families, these apps reduce stress and create accountability. Parents have a centralized hub for everything related to their children, which can minimize arguments and keep the focus on the kids.

Legal Benefits of Co-Parenting Technology

Family courts in Utah and across the country are increasingly acknowledging the value of digital custody tools. Judges sometimes even require the use of specific co-parenting apps to ensure clear, documented communication between parents.

From a legal standpoint, co-parenting apps:

• Create a reliable digital record of conversations and agreements
• Provide time-stamped evidence in cases of disputes
• Encourage compliance with court-ordered custody arrangements
• Reduce the likelihood of one parent manipulating information

In short, these tools can protect parental rights by providing transparency and accountability—two critical factors in custody matters.

Potential Concerns and Limitations

While technology offers many benefits, it isn’t without challenges. Parents should be aware of potential drawbacks:

• Privacy concerns: Storing sensitive information online always carries risks.
• Accessibility issues: Not all parents have equal access to technology or internet services.
• Over-reliance: Apps can facilitate communication, but they cannot replace the importance of mutual respect and cooperation.

In some cases, the use of a co-parenting app may even become a point of contention, especially if one parent refuses to engage with the technology.

What This Means for Parental Rights

The rise of co-parenting apps highlights how tech in family law is shaping the way courts evaluate custody and communication. For parents, it’s important to understand that the records kept within these apps can and often will be used in legal proceedings. What you say (or don’t say) in the app could impact your parental rights.

Attorneys are now advising clients to treat all app-based communication as if a judge were reading it—because one day, they might be.

Final Thoughts

As family law continues to adapt to the digital age, co-parenting apps are proving to be more than just convenient—they are becoming essential tools in protecting parental rights and creating a healthier environment for children.

If you are considering or currently using a co-parenting app and have questions about how it may affect your custody arrangement, the experienced family law attorneys at Ascent Law are here to help. We can guide you through the legal implications of digital custody, ensure your rights are protected, and help you create a co-parenting plan that works in today’s tech-driven world.

Understanding the Legal Overlap

Immigration law and family law may seem like two separate areas, but they intersect in many important ways. For example, a divorce involving a non-citizen spouse can impact that person’s immigration status. If a spouse was granted a green card based on marriage, a separation or divorce may raise concerns about continued residency in the United States. Similarly, family-based immigration petitions can be delayed or denied if there are unresolved legal issues in family court.

Cross-Border Custody Challenges

Perhaps the most emotionally charged area of this intersection is child custody. When parents live in different countries or when one parent faces deportation, it can complicate custody arrangements. US family courts will always prioritize the best interests of the child, but immigration enforcement can disrupt stable living situations.

Parents facing deportation or removal proceedings may be concerned about their ability to maintain parental rights. In some cases, a parent might lose physical custody but retain legal custody and visitation rights. In other cases, courts may consider a parent’s immigration status when determining the stability of the home environment. This is why it is critical to have a legal team that understands both custody law and immigration processes.

Marriage, Divorce, and Immigration Status

Marriage is often at the center of immigration petitions. If a couple divorces before the non-citizen spouse receives a permanent green card, it may jeopardize their immigration path. That said, there are waivers and protections available in certain situations, such as in cases involving abuse or good-faith marriages that simply did not work out.

Divorce can also impact derivative visas for children or dependent spouses. In these cases, having clear documentation and legal strategy can make all the difference.

Legal Strategy for Cross-Border Families

Families with members in different countries often face additional hurdles. For example, a parent might be seeking to bring a child to the US from another country, while the other parent objects. These situations often involve both US immigration law and international custody treaties such as the Hague Convention on International Child Abduction.

Courts and immigration officers must work together to ensure that the child’s safety, well-being, and legal rights are protected. This coordination can be difficult, especially when laws differ widely between countries. A legal team experienced in both immigration and family law can help families make informed decisions that avoid unnecessary delays or conflict.

How Ascent Law Can Help

At Ascent Law, our attorneys understand the unique stress families face when dealing with immigration and family law at the same time. We assist clients in matters such as:

• Divorce or custody where one or both parents are non-citizens
• Immigration consequences of marriage or separation
• Family-based green card and visa petitions
• Child relocation or international custody disputes
• Deportation defense with a focus on preserving family unity

Our goal is to protect your rights while helping you preserve your family relationships. We approach every case with compassion and a deep understanding of the legal system.

Surrogacy Legal Issues in 2025

Surrogacy remains one of the most complex areas of family law, particularly for LGBTQ+ individuals and couples. While Utah allows gestational surrogacy, it comes with strict requirements. In 2025, state courts have increasingly scrutinized intended parent agreements, especially in non-traditional family structures. LGBTQ+ parents using surrogates must ensure their contracts are thorough, legally binding, and filed with the court well in advance of the child’s birth.

One major update this year is the requirement for both intended parents—regardless of biological connection—to undergo a pre-birth parentage determination. This ensures both parties are recognized as legal parents from birth. Without this step, non-biological parents risk having to adopt their own child post-delivery, which can be time-consuming and emotionally taxing.

Adoption Pathways for LGBTQ+ Families

Adoption laws have historically presented hurdles for LGBTQ+ parents, but 2025 has seen steady progress. Utah continues to allow single LGBTQ+ individuals and married same-sex couples to adopt. However, the process still varies widely depending on the type of adoption—private, step-parent, foster care, or international.

The most notable change in 2025 is the streamlining of second-parent adoption for same-sex couples. Courts are now more consistent in recognizing parental rights for non-biological parents in same-sex relationships, especially when both parents have been involved in the child’s upbringing. However, challenges persist when one parent is not legally married to the biological parent. In these cases, formal adoption remains the most secure path to establishing legal rights.

LGBTQ+ individuals seeking to adopt through state agencies must also be aware of lingering biases. While discriminatory practices are technically unlawful, anecdotal evidence suggests some delays and denials still occur under the guise of “fit parenting” assessments. Legal guidance is critical to ensure fair treatment and full protection under state and federal law.

Custody Laws and Parental Rights

Custody disputes involving LGBTQ+ parents often highlight gaps in traditional family law frameworks. In 2025, Utah courts have made progress in recognizing the rights of non-biological parents—especially those who can demonstrate a long-standing parental role in the child’s life.

Still, when LGBTQ+ couples separate, the legal status of both parents becomes a key factor in custody determinations. If only one parent is listed on the birth certificate or legally recognized through adoption, the other may have to petition for custody or visitation, even if they have been a primary caregiver.

Another growing issue is the treatment of transgender parents in custody battles. While courts are prohibited from discriminating based on gender identity, some parents still face subtle bias that can influence custody decisions. Legal representation and expert testimony are often necessary to ensure the parent-child bond is protected.

What LGBTQ+ Parents Should Do Now

If you are an LGBTQ+ parent—or plan to become one—it is essential to proactively establish and protect your legal rights. Whether through pre-birth orders, second-parent adoption, or formal custody agreements, documentation is key. Relying on goodwill or informal arrangements is no longer enough in today’s legal climate.

At Ascent Law, we work closely with LGBTQ+ individuals and families to safeguard their parental rights. From drafting surrogacy contracts to navigating complex adoption cases, our family law attorneys offer personalized legal strategies based on the latest developments in Utah law.

Stay Informed, Stay Protected

LGBTQ+ parental rights are expanding, but the legal path is rarely straightforward. Each case brings its own nuances, and even minor mistakes can have long-term consequences. As laws change, so must your legal planning.

To schedule a consultation and ensure your family is fully protected, contact Ascent Law today. We’re here to help you build and defend your family with confidence.

Keywords: LGBTQ+ parental rights, custody laws, surrogacy legal issues, adoption, family law updates.

But, how do you find such a lawyer? With a sea of attorneys out there, each advertising their “expertise” and “success rates,” finding the best divorce lawyer for your specific needs can seem like finding a needle in a haystack. The process can be daunting, but fear not – it’s not an impossible task.

In this comprehensive guide, we’ll walk you through step-by-step on how to choose the best divorce lawyer. We’ll cover everything from understanding your specific needs, beginning your search, evaluating potential lawyers, to making the final decision. Let’s get started, shall we?

Identifying Your Needs: Key Steps Before Starting Your Divorce Lawyer Search

Before you start looking for a lawyer, it’s critical to understand what you need from this divorce process. Not all divorces are the same, and different situations call for different types of legal representation.

If your split is amicable and you and your spouse have reached an agreement on most issues, you might consider mediation. This process involves a neutral third party (the mediator) who helps both parties reach a mutual agreement. However, it’s still wise to consult a lawyer to ensure your rights are adequately protected.

For more complex situations involving high assets, child custody disputes, or situations where there’s a significant power imbalance between the spouses, you’ll likely need a lawyer who specializes in contested divorces. These lawyers are well-versed in litigation and negotiation, helping ensure that your interests are represented in court if necessary.

Also, consider the personality traits you’d like in your attorney. You’ll be sharing personal details of your life with this person, so you want to ensure you’re comfortable with them. The best divorce lawyer for you is someone who understands your goals, communicates effectively, and puts your interests first.

Commencing Your Search for the Best Divorce Lawyer: Where to Look

Once you’ve outlined your needs, it’s time to start searching. Begin with personal recommendations. Friends, family members, or professional acquaintances who have gone through a similar process can provide invaluable insight into a lawyer’s style, strategy, and pricing.

Next, turn to the internet. An online search will yield a plethora of divorce lawyers in your area. Visit their websites to learn about their experience, areas of specialization, and client reviews. As you search, keep an eye out for lawyers who are certified specialists in family law.

Don’t overlook your local bar association. Most have referral services that can direct you to qualified divorce attorneys in your area.

As you build a list of potential lawyers, aim for a variety. Having options allows you to compare and contrast to find the best fit.

Evaluating the Expertise of Your Potential Divorce Lawyer

A crucial factor in your decision should be the lawyer’s expertise. Divorce law is a vast field, and you want an attorney who specializes in the areas most relevant to your case. 

Questions to Determine Expertise

Ask potential lawyers about their experience with cases similar to yours. How many have they handled? What were the outcomes? If your case involves complex financial matters or contentious child custody battles, you’ll want a lawyer with a track record in these areas. 

Also, consider whether the lawyer is familiar with the family law judges in your jurisdiction. This familiarity can help them develop strategies that align with specific judges’ ruling history.

Remember to ask about their courtroom experience too. While it’s true that many divorce cases settle out of court, you want a lawyer who is equally comfortable and effective in the courtroom should your case go to trial.

In the next part of the post, we’ll discuss how to evaluate potential lawyers and prepare for your first consultation.

Assessing Your Options: What to Consider When Evaluating Divorce Lawyers

Choosing the right divorce lawyer is about more than just experience and expertise. You’ll also want to consider the lawyer’s communication style, their fee structure, and past client testimonials.

Communication Style

Firstly, pay attention to how the lawyer communicates. They should be able to explain complex legal concepts in a way that’s easy for you to understand. You should feel comfortable asking them questions, and they should respond promptly and thoroughly.

Fee Structure

Next, let’s talk about fees. During your initial consultation, ask about the lawyer’s fee structure. Some lawyers charge a flat fee, others bill by the hour, and some use a combination of both. Make sure you understand how you’ll be billed and what services are included. Keep in mind that while cost is a crucial factor, it shouldn’t be the only consideration. The cheapest lawyer might not be the best fit for your case, and the most expensive might not provide the best service.

Client Testimonials

Finally, seek out client testimonials. These can provide valuable insights into the lawyer’s style, professionalism, and effectiveness. Look for reviews on the lawyer’s website, but also check independent review sites for a more balanced view.

Navigating the Initial Consultation: Key Questions to Ask Your Potential Divorce Lawyer

The initial consultation is your opportunity to learn more about the lawyer and how they can assist you. Come prepared with a list of questions. Here are some to consider:

– How long have you practiced family law?

– How many cases like mine have you handled?

– What’s your approach to a new case?

– What’s your strategy for my case?

– How will you keep me informed about my case’s progress?

– What’s your fee structure?

– Can you provide references from past clients?

Observe the lawyer’s demeanor during this meeting. They should seem interested in your case, listen attentively, and answer your questions clearly and patiently.

Sealing the Decision: Choosing Your Divorce Lawyer Wisely

After your consultations, take some time to reflect on what you’ve learned. Consider the lawyer’s expertise, communication style, fee structure, and past client testimonials. But also trust your gut – you’ll want a lawyer who you feel comfortable with and who you trust to advocate for your best interests.

Remember, the divorce process can be stressful and emotional. The right lawyer will not only provide expert legal advice but also help you navigate this challenging period with compassion and understanding.

The Road to a Successful Divorce Process: Summarizing the Steps to Choose the Best Divorce Lawyer

Finding the right divorce lawyer may seem daunting, but by understanding your needs, starting your search informed, evaluating potential lawyers thoroughly, and trusting your instincts, you can find a lawyer who is the best fit for you and your situation. 

Remember, the end goal isn’t just to ‘win’ your divorce case, but to emerge from the process feeling that your interests were well represented, and that you were treated fairly and respectfully. 

Reach Out to Ascent Law: Your Companion in the Divorce Process

At Ascent Law, we understand the intricacies of divorce law, and we’re here to help. Our experienced, compassionate team is committed to providing high-quality legal counsel tailored to your unique circumstances. If you’re seeking a divorce lawyer who will put your needs first, we invite you to contact us at (801) 676-5506 to schedule a consultation. We’re ready to stand by your side, every step of the way.

Understanding Divorce: The Basics

Before we answer the central question of this post, let’s first understand what divorce is and how it works in Utah. Divorce, also known as the dissolution of marriage, is the legal process that terminates a marriage or marital union. It involves the reorganizing or canceling of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law. In the state of Utah, the grounds for divorce include irreconcilable differences, adultery, impotency, desertion, and more.

What Does a Divorce Lawyer Do?

A divorce lawyer is a legal professional who specializes in family law, with a focus on issues related to divorce, including property division, child custody, child support, and spousal support. They provide guidance, advice, and representation throughout the divorce process to protect their clients’ rights and interests. Here are some of the primary responsibilities of a divorce lawyer:

1. Client Consultation: A divorce lawyer begins by meeting with clients to discuss their situation, understand their goals, and provide an overview of the divorce process. This initial consultation is an opportunity for the lawyer to assess the case and offer preliminary advice.
2. Gathering Information: The divorce lawyer collects essential information about the client’s assets, debts, income, expenses, and other relevant details. This information helps the lawyer build a strong case and develop a strategy for property division, child custody, and support.
3. Preparing Legal Documents: Divorce lawyers draft and file various legal documents on behalf of their clients. These can include divorce petitions, financial affidavits, property settlement agreements, parenting plans, and more. They ensure that all paperwork is completed accurately and filed within the required deadlines.
4. Negotiating Settlements: One of the primary roles of a divorce lawyer is to negotiate with the opposing party or their legal representative to reach a fair and equitable settlement. This may involve discussions on property division, child custody arrangements, and financial support. The lawyer’s goal is to reach an agreement that is in their client’s best interests while minimizing conflict and delays.
5. Court Representation: If a divorce case goes to trial, the divorce lawyer represents their client in court. They present evidence, argue on their client’s behalf, and question witnesses to protect their client’s rights and interests.
6. Ensuring Compliance: A divorce lawyer also ensures that their client complies with all court orders, such as child support payments, property transfers, and custody arrangements. They can help enforce these orders if the other party fails to comply.
7. Post-Divorce Modifications: In some cases, a divorce lawyer may be involved in post-divorce modifications. This can include changes to child custody arrangements, child support payments, or spousal support due to significant changes in the circumstances of either party.

The Pros and Cons of Hiring a Divorce Lawyer

Now that we have a basic understanding of what divorce entails, let’s dive into the benefits and drawbacks of hiring a divorce lawyer.

Benefits of Hiring a Divorce Lawyer

1. Expertise and Experience: Divorce lawyers have the knowledge and expertise to navigate the complexities of divorce law. They are well-versed in Utah’s legal system and can advise you on the best course of action for your specific situation.
2. Objective Guidance: A divorce lawyer can provide objective guidance and advice during an emotionally charged time. They can help you make rational decisions and prevent you from making impulsive choices that could negatively impact your future.
3. Efficient Process: With a divorce lawyer, the process of obtaining a divorce can be more efficient. They can help you gather the necessary documentation, file the appropriate paperwork, and ensure that deadlines are met.
4. Protecting Your Rights: A divorce lawyer will advocate for your rights and interests, ensuring that you receive a fair settlement in terms of property division, child custody, and spousal support.
5. Reducing Stress: Having a divorce lawyer on your side can help reduce the stress associated with the divorce process. They will handle the legal aspects, allowing you to focus on your emotional well-being.

Drawbacks of Hiring a Divorce Lawyer

1. Cost: Hiring a divorce lawyer can be expensive. Depending on the complexity of your case, legal fees can add up quickly.
2. Increased Conflict: In some cases, having lawyers involved in a divorce can escalate the conflict between the parties, making the process more contentious and challenging.

When You Should Consider Hiring a Divorce Lawyer

While there are both benefits and drawbacks to hiring a divorce lawyer, there are specific situations where having legal representation is crucial. These include:

1. Contested Divorce: If you and your spouse cannot agree on critical issues, such as child custody, property division, or spousal support, a divorce lawyer can help negotiate and advocate on your behalf.
2. Complex Assets: If you have substantial assets, such as real estate, retirement accounts, or a family business, a divorce lawyer can help ensure that these assets are divided fairly and according to the law.
3. Domestic Violence or Abuse: If your divorce involves allegations of domestic violence or abuse, a divorce lawyer can help protect your rights and ensure your safety.
4. Spousal Support: If you are seeking or contesting spousal support, a divorce lawyer can help determine the appropriate amount and duration based on your specific circumstances.
5. Child Custody and Support: If you and your spouse have children, a divorce lawyer can help negotiate custody arrangements and ensure that the best interests of your children are protected. They can also help you calculate and negotiate child support payments according to Utah’s guidelines.
6. Modifications to Existing Agreements: If you need to modify existing custody, child support, or spousal support agreements due to changes in circumstances, a divorce lawyer can guide you through the process and advocate for your interests.

IV. When You May Not Need a Divorce Lawyer

There are situations where you might not need to hire a divorce lawyer. These include:

1. Uncontested Divorce: If you and your spouse agree on all major issues, such as property division, child custody, and spousal support, you may be able to proceed with an uncontested divorce. In this case, you can use a mediator, online divorce service, or self-representation to complete the process.
2. Limited Financial Resources: If you have limited financial resources and cannot afford a divorce lawyer, you may need to explore alternative options, such as free legal aid, pro bono legal services, or self-representation.
3. Simplicity of the Case: If your divorce case is relatively simple, with few assets and no children involved, you may be able to navigate the process without the assistance of a lawyer.

V. Alternative Options to Hiring a Divorce Lawyer

If you decide not to hire a divorce lawyer, there are alternative options to help you through the process:

1. Mediation:Mediation is a voluntary process where a neutral third party, called a mediator, helps the divorcing couple reach an agreement on issues like property division, child custody, and support. Mediation can be a more cost-effective and collaborative way to resolve disputes, especially in uncontested divorces.
2. Online Divorce Services:There are various online divorce services available that can help you complete and file the necessary paperwork for an uncontested divorce. These services are typically more affordable than hiring a lawyer, but they do not provide legal advice or representation.
3. Self-Representation: Some people choose to represent themselves in their divorce cases. If you decide to go this route, it is essential to educate yourself on Utah’s divorce laws and procedures, which can be found on the Utah State Courts website.
4. Limited Scope Representation: Also known as “unbundled legal services,” limited scope representation allows you to hire a lawyer to handle specific aspects of your divorce case, such as drafting documents or providing legal advice, while you handle other parts of the case yourself. This option can help reduce legal costs while still benefiting from professional assistance.

Conclusion

So, do you need a divorce lawyer? Deciding whether or not to hire a divorce lawyer depends on your specific situation, needs, and resources. It is essential to consider the complexity of your case, the level of conflict with your spouse, and your ability to navigate the legal system on your own. If you find yourself in a situation where hiring a divorce lawyer is necessary, Ascent Law, based in West Jordan, Utah, is here to help guide you through the process and protect your interests. If you are unsure about your need for a divorce lawyer, consider scheduling a consultation to discuss your options.

Family attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney in West Valley City deals with all such matters. A Family attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients. Family lawyers can act as mediators when family disagreements develop. They can also represent litigants in family conflicts that end up courts. Below are some of the things that family lawyers can do. Parents with minor children who are facing divorce are usually primarily concerned with child custody matters. Getting enough family time with children after a divorce is vitally important to the health and happiness of any children and for the family as a whole.

Each state has different laws regarding child custody matters, although most follow similar guidelines. Physical custody is the type of custody granted to the parent who lives with the child. Legal custody is the type of custody in which the parent has the right to participate in important life decisions for the child, such as schooling or religious affiliation. Both parents can have both types of custody. Sole custody occurs when only one parent is awarded custody for either physical or legal custody, or both. In joint custody, both parents share custody.

In West Valley City, Utah, joint physical custody means each parent lives with the child for at least 111 days in a year.

How a Court Decides Custody

In West Valley City, Utah, a court presumes that joint legal custody is in the best interests of the child, absent a valid reason to the contrary. Such reasons could include domestic violence, having a child or parent with special needs or if there is a large distance between the living spaces of the parents. A court does not presume that it is in a child’s best interest to live with the mother or father based on the biological sex of the parent, but decides custody on the best interests for a particular child based on several factors involving the child and parents. When establishing what is in the best interests of the child, West Valley City, Utah family courts rely on several factors defined by state law. However, that list is not exhaustive, meaning that a court can take any information that it deems relevant when deciding child custody.
In West Valley City, Utah, the legislature specifically noted that a court should consider the following when reaching a decision on custody:
• Previous parental conduct and the “demonstrated moral standards of each of the parties”
• Which parent will act in the best interest of the child, including allowing the noncustodial parent frequent and continuing access to the child.
• The depth, quality, and nature of the relationship between a parent and child

Modifying a Child Custody Order

West valley City, Utah state law recognizes that life changes occur after a divorce is finalized. While one custody arrangement may be appropriate soon after the divorce is final, changes in jobs, relocation and other matters may make a current child custody arrangement obsolete. A parent must petition to the court in order to modify a child custody arrangement. If the parents cannot agree on a change, the court will look to two factors when deciding whether to change the child support order:
• First, the court must find that “a material and substantial change in circumstances” has occurred since the last order was entered
• Second, the court must determine that changing custody would be in the best interests of the child Parents with questions regarding custody matters should consult with an experienced family law attorney to discuss their situation.

West Valley City, Utah Divorce Laws

When a couple gets married, it’s generally a happy time in their lives and they don’t think about divorce. Despite this hope, sometimes divorce is necessary for the health and sanity of both parties. The old axiom of about 50% of marriages ending in divorce has been found to be inaccurate, but a good number of marriages still don’t last forever. If you have children, child custody and child support are important parts of the case that will keep you and your former spouse in family court until the children are adult that aren’t eligible for child support, which in Utah can be ordered until they’re 21 years old. No matter what your individual circumstances are, a couple seeking a divorce must comply with the following divorce laws before they are able to divorce in Utah.

Residency Requirements: One party must be a bona fide resident of Utah for at least three months before commencing action. Members of the military who have been stationed in Utah for at least three months can also file for divorce there.

Waiting Period: A divorce matter won’t be heard by the family court until at least 90 days from filing the complaint asking for a divorce. In extraordinary circumstances, this waiting period can be waived.

A divorce decree becomes absolute on the day its signed by court and entered by the clerk, however, not that the judge can extend the date in which it becomes absolute for up to six months for good cause either by application of either party or at his or her own decision.

“No Fault” Grounds for Divorce: Utah has two no fault grounds for divorce, first irreconcilable differences which is a loose cover-all for just no longer getting along and wanting to break up. The second no fault grounds is being legally separated and not cohabitating for at least three years.

Fault Based Grounds for Divorce; Utah still maintains fault based grounds for divorce, these can affect the amount that’s distributed to each spouse under the state marital property laws. These fault-based grounds are:
• Adultery committed by the respondent (person who is served with divorce papers) while married to petitioner (person who brings the divorce action)
• Cruelty or domestic violence to extent that bodily injury or great mental distress is caused of the petitioner
• Desertion of the petitioner for at least 1 year
• Alcohol addiction of respondent
• Impotency of respondent at the time of marriage
• Nonsupport or willful neglect to provide the petitioner with necessaries of life
• Incurable insanity
• Conviction of a felony by respondent

Temporary Separation Order

A person can ask the court for a temporary separation order that is valid for one year or until the divorce is filed or the case is dismissed.

West Valley City, Utah Child Custody Laws

When a couple with children breaks up, the responsibility to care for the children must be shared by both parents. An important aspect is child custody or with whom the child will live with and what visitation with the other parent will be like. Another part of this responsibility is financial support, in the form of child support. West Valley City, Utah family courts, like those in most states, determine child custody matters using the “best interests of the child.” The factors considered by the judge include:
• Past conduct and demonstrated moral standards of the parties
• Parent most likely to act in the best interest of the child, including allowing child frequent contact with non-custodial parent
• Bonding between each parent and the child
• If a parent has intentionally exposed the child to pornography or other harmful sexual-related materials
• Physical, psychological, and emotional needs of the child
• Both parent’s ability to reach shared decisions for the child and prioritize the child’s welfare
• If both parents participated in raising the child before the divorce
• The geographic proximity of the parents’ homes\
• The child’s preferences
• Parents ability to protect child from their conflict
• Past and present ability to cooperate with each other in parenting and making decisions
• Any history of child abuse, domestic violence, or kidnapping
• Any other relevant factors
When parents can’t develop their own parenting schedule, the court can establish an appropriate schedule more or less than the statutory minimum parent-time based on the following best interest of the child factors:
• How parent-time would negative impact child’s physical health and emotional development
• Distance between child’s home and the non-custodial parent’s home
• Allegations of child abuse
• Lack of demonstrated parenting skills when there’s no safeguards to ensure child’s safety
• Financial inability of non-custodial parent to provide food and shelter during parent-time
• Child’s preference, if sufficiently mature
• Parent’s incarceration
• Shared interests of the child and non-custodial parent
• Non-custodial parent’s involvement in the child’s school, community, religious, or other related activities
• Non-custodial parent’s availability to care for the child when the custodial parent is working or has other obligations
• Chronic pattern of missing, canceling or denying regularly scheduled parenting time
• Parent-time schedule of siblings
• Lack of reasonable alternatives for nursing child
• Any other criteria the court feels is relevant to the best interests of the child

Utah Marital Property Laws

During marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered separate property owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage.

Equitable Distribution vs. Community Property

Wes Valley City, Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, live in community property states. This means marital property in West Valley City Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce.

In West valley city, Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair.

West valley City, Utah Child Abuse Laws

Criminal statutes are in place to keep people safe. Utah’s child abuse laws are designed to protect children from harm by prohibiting the physical, emotional, and sexual abuse of children. These child abuse statutes assist in prosecuting child abusers and mandate certain third parties and professionals with access to children to report knowledge or suspicion of child abuse to the authorities. Utah’s Department of Child and Family Services also provides resources statewide to protect the welfare of children.

West Valley City Utah Child Support Guidelines

Family law courts in Utah determine how much child support a non-custodial parent (a parent who doesn’t live with their minor child) is required to pay by using the state’s child support guidelines. These guidelines take into consideration both parents’ gross incomes and the number of children that they have together. The court will follow the child support guidelines unless there is substantial evidence to rebut the guidelines. In order to determine whether or not to deviate from the guidelines the court will consider:
• The standard of living of the parents
• The relative wealth and income of the parents\
• The ability of the non-custodial parent to earn
• The ability of the custodial parent to earn
• The ability of an incapacitated adult child to earn, or other benefits received by an adult child
• The needs of the custodial parent, the non-custodial parent, and the child
• The ages of the parties, and
• The responsibilities of the custodial parent and the non-custodial parent for the support of others

Reasons to Hire a Family Law Attorney

• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.
• Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will.
• Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be.
• Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law.
• Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

 

About West Valley City Utah

West Valley City, Utah

 

From Wikipedia, the free encyclopedia

 

 

West Valley City, Utah
City
City of West Valley City
The Maverik Center in West Valley City, home of the Utah Grizzlies ice hockey team.
Seal
Motto:  “Progress as promised.”[1]
Location within Salt Lake County
West Valley City Location within Utah Show map of UtahShow map of the United StatesShow all
Coordinates: 40°41′21″N 111°59′38″WCoordinates: 40°41′21″N 111°59′38″W
Country	United States
State	Utah
County	Salt Lake
Settled	1847
Incorporated	1980
Government
• Mayor	Karen Lang [2]
Area [3]
• Total	35.88 sq mi (92.92 km2)
• Land	35.83 sq mi (92.79 km2)
• Water	0.05 sq mi (0.14 km2)
Elevation	4,304 ft (1,312 m)
Population  (2020)[4]
• Total	140,230
• Density	3,913.76/sq mi (1,511.11/km2)
Time zone	UTC−7 (Mountain (MST))
• Summer (DST)	UTC−6 (MDT)
Area code(s)	385, 801
FIPS code	49-83470[5]
GNIS feature ID	1437843[6]
Website	www.wvc-ut.gov

West Valley City is a city in Salt Lake County and a suburb of Salt Lake City in the U.S. state of Utah. The population was 140,230 at the 2020 census,^[4] making it the second-largest city in Utah. The city incorporated in 1980 from a large, quickly growing unincorporated area, combining the four communities of Granger, Hunter, Chesterfield, and Redwood. It is home to the Maverik Center and USANA Amphitheatre.

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Family law attorneys in Utah offer a free initial consultation. This meeting gives you a chance to learn more about the lawyer, his/her skills, and his/her personality. You can also discuss the basic tenets of your case, and the attorney may offer information about your legal options.

Knowing that questions to ask your lawyer during this consultation can make finding the right attorney much easier. These should include:

What kind of experience do you have with similar cases?

You need to know how comfortable the lawyer is with cases like yours. While every case is somewhat different, the attorney will likely find some similarities between your case and a case s/he handled previously.

Related questions may include:

Where did you attend law school?
How long have you been practicing in Utah?
What types of cases do you handle?
How often do you handle cases similar to mine?
Can you tell me about a case you handled similar to mine? What was the result?
Do you have any client testimonials?

What would be your strategy for my case?

Most lawyers do not offer specific legal advice in an initial consultation, but s/he should explain the possible approaches to handling your case. S/he may also offer a general overview of the strategy s/he will follow.

Related questions may include:

What strategies have you used for similar cases in the past?
How long do you think this case could take using this strategy?
What are the pros and cons of this strategy?

Are there any alternatives to going to court?

Especially in personal injury cases, there is often a good chance you can avoid going to court. A lawyer will usually try to negotiate a fair and just settlement with the insurance company before resorting to filing a lawsuit. Even once you file a suit, mediation and arbitration may be possible. Both of these options can help you avoid going to court.

Related questions may include:

What percentage of your cases has settled out of court?
Do you consider yourself an effective negotiator?
Are you comfortable taking this case to trial if you cannot reach a just settlement?
Will you prepare my case for court even if you plan to settle out of court?

What are my possible outcomes?

Some lawyers may only tell you what you want to hear. The right lawyer, however, will give you an honest look at how your case may conclude. No lawyer can give you an exact value of your case or promise that you will reach an out-of-court settlement, but s/he can offer possibilities based on his/her experience.

Related questions may include:

Do you see us running into any major issues?
What are our chances of avoiding a lawsuit?

Who will actually handle my case?

While you may meet with one lawyer, others in the legal office may work on your case. This often includes other attorneys and paralegals. You will want to know who your point of contact is within the office, and the experience of those working on your case.

Related questions may include:

Who should I call with questions about my case?
How often can I expect updates or reports? How will I receive these updates?
Will you represent me in settlement negotiations and/or court?

What is my role in my case?

Attorneys desire different levels of participation from their clients. Your attorney probably will not want you to talk to witnesses or the insurance company without prior approval, but s/he may need you to compile documentation of your injuries and other similar tasks.

Related questions may include:

What do you need from me to build the strongest possible case?
What should I avoid in order to win my claim?

How much will this cost me?

It is never fun to talk about money, but this is the time to do it. Most personal injury lawyers charge based on contingency. This means you pay nothing until you receive your settlement. There may, however, be another fee structure or additional fees you need to pay.

Related questions may include:

What is your fee structure? Contingency? Hourly? Flat fee?
Will there be any additional costs?
Can you give me an estimate of the total cost of my case?

Benefits of Hiring a Family Law Attorney

Family law incorporates a variety of issues, including divorce, alimony, child custody, child support, and adoption. Whether you have made a solid decision to make changes in your life, or are seeking information about your options, you need a knowledgeable family law attorney.

Many parents worry about how divorce will affect their children emotionally. Research shows that children make a solid adjustment within about 24 months after the divorce. They also find that children who grow up in an environment where their parents are in constant conflict have more problems overall.

Now is the time to hire a Utah family law attorney. The new year has begun and there are benefits to taking that step forward now.

Eliminate a Toxic Relationship

It is easy to get wrapped up in a toxic relationship. You may not even realize that you are in one. Your relationship is toxic if the parties do not support each other, there is an ongoing conflict, one person tries to undermine the other, and there is competition, conflict, disrespect, emotional abuse, or physical abuse.

One sure sign that you are in this type of relationship if it is constantly draining your energy and you are constantly unhappy. If you find yourself struggling in a situation of this nature, you may want to consult with a family law attorney to learn your legal rights and options.

The divorce rate in the United States is 39%, with the common causes of divorce being:
Problems with money

 Affairs and infidelity, resulting in an irreconcilable marriage
 Sexual problems, including lack of sexual compatibility, including sexless marriages
 Substance abuse
 Emotional or physical abuse

Whatever is the reason for desiring to be out of a relationship, contacting a family attorney will help you take the first step forward into a new, more satisfying life.

Your Ex-Spouse Got a Promotion

You were skimming through social media and saw a post by your ex-spouse about getting a promotion at work. It stands to reason if they got a promotion they will also now have a higher income. If you have minor children this can have an impact on the amount of child support they contribute.

Parents have an obligation to notify the court when they have a change in income. Typically they remember this step when income goes down, but it conveniently slips their mind when income goes up. You can push the matter by filing a petition requesting an increase in child support.

The court will then need to review the wages of both parties and make a recommendation on whether or not an increase in child support or responsibility for medical bills is reasonable. When considering child support the following things are taken into consideration:

 The income and ability to earn of each parent
 Each parent’s level of education and employability
 The costs for child care and education
 The cost of health insurance and health care
 The cost of living

The employability of a parent is their ability to earn. This prevents a parent from taking a low-paying job on a temporary basis in an effort to keep their child support obligation low. For example, if a parent has a dental license, but is earning a low-paying wage in a small factory, that will be taken into consideration. That parent is obviously not earning wages to the best of their ability. This standard applies to both parents.

The above factors are taken into consideration, but the general rule is that if you are providing support for one child it will be 20% of your net income. The percentage then increases by 5% for each child thereafter up to a total of six or more children, at which point support will be at least 40% of your net wages.

Your attorney will be knowledgeable on child support laws and how to make sure the request is properly filed to support your position in requesting the increase.

Parenting Time and Custody Disputes

The holiday parenting time is complete, and problems have arisen. There are several common reasons why one parent may request a change in parenting time or custody, including:

 A parent is moving a substantial distance away or out of state
 Incarceration of a parent
 Endangerment to the child
 Failure to comply with the court order

Children are chatter-boxes and you may learn about inappropriate things happening in your ex-spouse’s home. This can be something minor such as inadequate sleeping arrangements for the children to more serious claims of physical abuse, emotional abuse, substance abuse, or mental illness.

The safety of your child must always be a priority. If you believe your child may be in danger, you do not want to attempt to represent yourself. By consulting with a family law attorney you will know where you stand and what steps you need to take to ensure the claims you are making are factual.

The attorney can advise you on how to proceed in a manner that is in the best interests of the children. Courts do not like to disrupt the living arrangements of minor children unless there has been a substantial change in circumstances. This change must be significant, material, and can be enduring in nature.

Failure to Comply With Court Order

Family law attorneys are familiar with the trials and tribulations that can result in contempt of the court for failure to follow the court’s orders. This can happen at any time with divorce, custody, or child support matters. While a court order should keep things in line, people frequently try to side-step court orders.

A request for a party to be held in contempt requires the filing of a motion. The motion must contain the provision of the order that you are seeking enforcement of. It must also state how the respondent is not complying with the court order and include a request for relief.

When a person fails to comply with a court order, the court may order them to pay fines. They may enter a new order and sometimes may order incarceration.

If you are dealing with someone who refuses to comply with a court order, you will want to hire a family law attorney who knows how to prepare the motion requesting enforcement and/or the other party be held in contempt.

This can be for numerous reasons, including an ex-spouse who is withholding assets awarded to you in the divorce settlement, or failing to refinance joint assets they receive in the settlement into their name. Other issues of contempt may be parenting time violations, failure to pay support or alimony, or harassment.

How to Prepare for an Attorney Consultation

When you need to hire an attorney for legal services, you want to be sure to hire the right person for your case. Most attorneys offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal question, but is instead an opportunity to determine if you wish to hire this attorney.

Finding the Right Attorney

Before you can have an attorney consultation, you need to find an attorney who might be a good fit. Look for an attorney who focuses his or her practice on your type of legal question, or someone who lists this as a type of law they regularly practice.

Background Knowledge

When you have your lawyer consultation, one of your primary questions will be about the attorney’s background.

Some people feel intimidated asking about this, but the truth is you are going to pay a lot of money for services. You wouldn’t hire an electrician who had never done wiring, so it is wise to ask questions about the attorney’s experience. You can find out basics on the firm’s web site before the appointment, which will save you time. You may want to ask how many of this type of case the attorney has handled. For example, how many divorces has this lawyer done in the past year? A lawyer who has done one or two is not very experienced. You may wish to ask how long the attorney has been practicing law and how long he or she has practiced in the county or state, which will give you an idea how familiar the lawyer is with local judges and procedures. It is generally not very helpful to ask where the attorney went to law school since you can find this information online and it often tells you nothing useful anyhow. Focus instead on experience with your type of case. You can also ask the average verdict the lawyer has obtained in your type of case.

The Legal Plan

An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.

Working with Your Attorney

Another important component of selecting an attorney is finding out how the firm will handle and manage your case. In large firms, it is common for other attorneys to work on the case, so the people actually doing the work on your case might not be the person you first meet with. Most attorneys have paralegals or legal assistants who handle much of the paperwork and scheduling, so you will want to know who the contact person will be for your case. You should also find out how often you can expect to hear from the lawyer. If you have legal questions, how soon will you hear back if you call or email? How often will the lawyer or firm reach out to you with updates? What do you do if something comes up after hours? What information and material do you need to supply to the attorney to make the case go smoothly?

While you are in the office, look around and get a sense as to whether this is a person or firm you want to work with. Are people friendly? Are they patient with your questions? Do you feel that your case is important to them? If not, you might want to go someplace else.

Money Matters

Another important component of your case is the cost. Legal fees can be complex, so you will want to get details at your initial consultation. If different people will be working on your case (for example, a partner, associate, paralegal, and legal assistant) they all bill at different rates, so find out what those are. Most attorneys ask for a retainer, which is an amount of money up front. They then bill at an hourly rate against that money. You will owe whatever charges are not covered by the retainer. Ask how much of a retainer is required, what the estimated total fee is, how the office will bill you and if there are payment plans or other options available to you. Don’t forget to ask about court fees which are charged in addition to the lawyer’s rates. Find out what you can do to keep your total bill down (for example, providing needed financial documentation in your case will save the paralegal from having to hunt it down, or not calling for an update every three days).

Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

If a non-custodial parent moves out of state, or already lives out of state, rest assured you can still get the child support your children need. Having one parent live in a different state can make the process trickier, but there are ways to find your ex and make sure they pay child support. Family court orders are enforceable across state borders, so it does not matter where a parent lives. Child support services can help you, and family court judges can hold your ex in contempt of court or enforce any existing child support order. If there is not already a court order in place, then you need to file with the state you live in now before seeking child support from someone out of state.

First Steps To Enforcing Child Support Payments

No matter where the custodial parent lives, they have many options for going about this process. This can be an easy process or a difficult one, depending on whether your ex is cooperating or trying to hide.
Your first steps may include:
• Finding out the other parent’s current address from relatives or friends
• Hiring a private investigator
• Using locator resources from your local child support office

These would all be viable options if your ex did not tell you where they were moving. Under the Uniform Interstate Family Support Act (UIFSA), sometimes called “Interstate Action,” states must help you find your ex for missing child support. This act also prevents multiple states from ordering child support and helps you find the other parent if they move away.

Child Support State Services: The Basics

You can choose to work with your local Child Support Enforcement Agency (CSEA) or directly with your state. Generally, you should pick one of these options and not both, so there are not duplicate cases in progress. In some states, you may need to start the process with your CSEA, and they will refer it to the state.

It is essential to know that the state you live in is the “initiating state,” and they will contact the “responding state” as the case progresses. You do not need to contact the state your ex moved to — only the state or CSEA office in the state you live in.

Using Parent Locator Services

Every state has a parent locator services. The local child support offices have access to resources such as:
• Federal new hire data
• State new hire data
• Driver’s license change of address information
• Unemployment insurance information
• Worker’s compensation filing
• Criminal and civil court records
• Credit bureau data
• Bureau of Motor Vehicles or DMV information
• Public assistance applications (such as applying for food stamps)

Essentially, if your ex tries to work, get a place to live, use a credit card, or apply for government assistance, agencies can find them. Once the other parent’s address is found, the courts have a way to contact them, and the enforcement of child support can begin.

Using Your Ex’s New Job for Child Support Payments

An easy way to enforce child support orders when the other parent is out of state is to garnish wages. You can have the courts send a garnishment order directly to the other parent’s employer, and the child support will come straight out of their paycheck.

Under federal law, all employers must honor child support garnishment orders from other states. Your ex’s employer can’t refuse to garnish an employee’s wages for child support just because the garnishment order comes from another state.

Uniform Interstate Family Support Act (UIFSA)

Every state has passed some version of the UIFSA. This law is designed specifically to enforce child support orders from one state against a parent who lives in another state. Filing a claim under UIFSA usually involves hiring an attorney or working with your local child support office. It enables you to contact relevant people in the other parent’s state to enforce your child support order, such as:
• The state’s local courts
• Child support agencies
• The other parent’s attorney

The courts and authorities in the other state must enforce your child support order — just as if it was created in that state. This can take time, so it is helpful to start the process right away. It can take months or over a year to get child support cases to court when legal action is needed.

Pressing Charges for Unpaid Child Support

Many states also have criminal laws that address unpaid child support orders. If a parent refuses to pay child support as ordered, you can take action. However, if they cannot pay because of financial issues, there are other paths to take that do not involve criminal charges. You or an attorney can contact your local prosecutor’s or district attorney’s office. They can file criminal “nonsupport” charges against the other parent, even if they live in another state.

Extraditing a Parent Back to Your State

In some cases, your state can “extradite” or bring the other parent back to your state, but only if they are charged with a child support crime.

The felony nonsupport charges vary state by state, and can result in:
• Arrest
• Jail or prison time
• Home detention or house arrest
• Probation

The process will involve steps to find the parent and use strategies to get your children’s support money. Rest assured that crossing state lines will not stop your ex from paying the child support your family needs.

Understanding Child Custody Laws in Utah

Some parents who file for divorce may seek full custody of their children. While Utah laws do not recognize or use the term “full custody,” parents can file a petition for “sole legal/physical custody.” Here’s what you need to know about gaining sole legal/physical custody of your children in Utah.

What is Sole Legal & Sole Physical Custody?

Sole legal custody means the custodial parent is the primary decision-maker regarding the well-being of the child. With sole physical custody, the minor children will live with the custodial parent more than 255 overnights each year. The non-custodial parent will be permitted to spend time with minor children as per an agreement between both parents. In the case where parents disagree on a parent-time schedule, one will be ordered by the court.

A parent-time schedule is the minimum amount of time the non-custodial parent is entitled. The non-custodial parent will be responsible for making decisions during the time they are with the child.

How is Sole Legal Custody Determined?

This is generally the arrangement parents strive for when they seek “full custody.” There are many types of child custody arrangements, and there several factors that the courts will examine when making a custody decision.
• The moral and financial conduct of each parent
• The child’s relationship with each parent
• Each parent’s capability and desire to care for the children
• Each parent’s willingness to allow continuous and frequent contact with the children
• The children’s relationship with extended family members and the significant impact on their best interests.

In child custody cases, the courts will also consider any evidence of domestic violence, neglect, and physical, sexual, or emotional abuse that involves the child, parent, or other household members of the parent.

Filing for Sole Legal Custody

First, every child custody case must start with a court-filed petition and state your case as to why you should be granted sole legal custody. Filing for custody is complex, and the laws can be challenging to understand without legal assistance. Having an experienced lawyer on your side can help you make the right decisions regarding your children’s best interests.

Utah Child Custody Laws

There are more children of separated or divorced parents in the United States today than ever before. With all of the emotion involved in a separation or divorce, parents sometimes fail to consider their children’s desires when making custody decisions. However, under Utah custody laws judges often consider an older child’s preference when determining custody.

Physical and Legal Custody in Utah

Parents can work out their own custody arrangements or go to Utah family court and have a judge decide their case. In either situation, a custody order must address both physical and legal custody and meets a child’s needs.

“Physical custody” is where the child lives. A parent with physical custody primarily lives with the child. Parents can share physical custody (called “joint physical custody”) or one parent may have “sole” or “primary” physical custody.

Your custody order will dictate how much time each parent spends with the child. Parents with joint physical custody will spend substantial, but not necessarily equal amounts of time with the child. The parent who spends the most time with the child is typically designated as the “custodial parent”. The other parent is called the “noncustodial parent.”

“Legal custody” refers to a parent’s right to make major educational, medical, religious, legal, or cultural decisions on the child’s behalf. Like physical custody, parents can share legal custody or one parent may have sole decision-making power over the child. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree.

Establishing Visitation Schedules

Under Utah custody laws, your custody order must set forth a visitation schedule covering weekly, monthly, holiday, and summer visits. Both parents are entitled to regular time with their child and neither parent can prevent visits. Even in cases where a parent has struggled with substance abuse or physical violence, a judge may award that parent visitation – usually supervised.

A noncustodial parent without joint custody is entitled to minimum visitation under Utah’s custody laws. Generally, this equates to one weeknight per week with the child and overnight visits every other weekend. A judge can award a parent additional visitation time, but not less. The Utah Courts website provides more information on child custody and parent-time in Utah.

In limited circumstances where a child’s safety and well-being at issue, a judge may grant one parent only supervised visits. Supervised visits take place at a designated location or agency. A parent will be required to have his or her visits supervised until a judge can be sure a child is safe in that parent’s care.

In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree.

Best Interests of the Child Factors in Utah

Utah courts decide child custody whenever parents can’t come to an agreement on their own. Yet even in cases where parents agree on custody and visitation, a judge will review a custody agreement to ensure it serves a child’s best interests. Utah family courts must consider several factors when deciding child custody in Utah, including:
• the child’s physical and emotional needs
• the child’s relationship with each parent
• the distance between the parents’ residences
• each parent’s physical and mental health
• the child’s ties to the community, sibling relationships, and relationships with extended family members
• each parent’s willingness to encourage a relationship between the child and the other parent
• either parent’s history of domestic violence
• the child’s preference if of a sufficient age and maturity, and
• any other factor the court deems relevant to custody.

When Will the Utah Family Court Consider a Child’s Preference?

A child’s preference is one of several factors a judge will weigh in a Utah custody case. The child’s age and maturity matters. Specifically, a judge will give more weight to an older child’s preference, such as a child over 14. Generally, a judge won’t give much consideration to a child’s wishes if the child is under 10. In one Utah family court case, an 11-year old boy stated a preference to live with his father, but the judge said that an 11-year old shouldn’t have control over where he lives.

Judges will also look at the reasons a child prefers to live with one parent over the other. In one case, a father with custody of two boys moved them from their hometown and away from their school, friends, and other family members. The children wanted to live with their mother to be close to friends and family, and to continue going to the school they knew. The court found that these were valid reasons to want to live with their mother and gave the children’s preferences significant weight in the custody decision.

On the other hand, if a child’s reasons for wanting to live one parent are immature, for example, because one parent is laxer with discipline or gives them lavish gifts, the judge won’t give the child’s preference much weight.

Keep in mind that even if a child has a strong custodial preference, it won’t be the controlling factor in a court’s decision. A judge can always overrule a child’s preference if it’s in the child’s best interest to live with the non-preferred parent.

Judges will also watch to see if parents have coached their children. In one case, a judge questioned the children and discovered that their mother had told them to lie about her boyfriend’s overnight visits in their home. The mother’s coaching was a major factor in the judge’s decision to transfer custody to the father.

Do Children Have to Testify About Their Custodial Preferences in Court?

In Utah, children can’t testify in court unless there are extenuating circumstances, and there’s no other way to obtain their testimony. Instead, judges usually interview children in court chambers to determine their custodial preferences. Normally, the court will ask the parents for permission to interview a child, but parental consent isn’t necessary if the judge decides that an interview is the only way to figure out the child’s custodial desires. Parents can’t attend the in-chambers interview. The judge may or may not allow the parent’s attorneys to be present. Often, a court reporter will record the interview.

Courts can determine a child’s preference in other ways as well. In one case, the judge deciding custody considered letters written by two boys to their mom, stating that they wanted to live with her. Courts may also allow custody evaluators or mental health professionals to testify about what children have told them regarding their custodial preferences.

When Can I Modify Child Custody in Utah?

Life is full of changes, and after a few years your custody order may need an adjustment. Utah custody laws allow either parent to file a custody modification request if there’s been a material change in circumstances affecting the child or parents or more than 3 years have passed since entry of the previous custody order. In either situation, the parent requesting a custody change must show that the modification would serve the child’s best interests.

When considering whether a modification is appropriate, a judge will consider the same best interests’ factors as listed above. A judge will hold a court hearing to consider all the evidence. A child’s needs—not a parent’s wishes—will determine the outcome of your case. For example, a parent’s desire to relocate for a new job might not be enough to justify a change in custody. However, a custodial parents’ medical crisis might warrant switching custody to the other parent. The interplay of numerous factors will determine the outcome of your custody case. If you still have questions after reading this article, you should seek out a local family law attorney for advice.

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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

When a married person adopts a child, they must adopt the child with their spouse. The child becomes the legal child of both spouses. Just like divorce occurs in the general population, couples who adopt may also find themselves in divorce proceedings. When that happens, you might wonder what happens to an adopted child in Utah.

Here’s what you should know about what happens when a couple with an adopted child divorces in Utah:

The rules are generally the same

Adopted children have the same legal rights in a divorce that all children have in a divorce. They have the right to a custody arrangement that represents their best interests. In most cases, a custody order that reflects their best interests includes some kind of continuing contact with both parents. Adopted children have a right to have custody orders enforced so that they can maintain a close relationship with both parents.

Adopted children also have the right to financial support from both of their parents. Even though adopted children have the same rights that all children have in a divorce proceeding, there are still some special things to keep in mind. An adopted child may have special needs. There are also unique financial considerations if an adopted child receives a state adoption subsidy. It’s important to identify and address the special circumstances that may apply when a child has been adopted.

Both parents have the legal right to seek custody

Both parents may ask the court to award them custody of an adopted child. Even if one parent has a biological relationship to the child, neither parent has a preference based on a biological relationship. Each parent is a legal parent to the child, and the court determines child custody based on the best interests of the child given all of the circumstances present in the case.

A custody order for an adopted child can be flexible to meet the specific needs of the child. If the child has special needs, the court may take those needs into account. The custody order may be very specific if it’s necessary to protect the best interests of the child and meet their physical, mental and emotional wellbeing.

Parents who are in divorce proceedings that involve an adopted child must inform the court of special circumstances surrounding the child so that the court has the information it needs to make a decision that reflects the child’s best interests.

The child has a right to child support

Just as any child has a right to the financial support of their parents after a divorce, adopted children have the same right to financial support from their parents. If you’re divorced, child support determinations are the same as they are in all cases. The courts base child support awards on the income of the parents and the needs of the children. The courts can consider special needs of the children and extraordinary expenses when they make a determination of child support.

Child support and adoption assistance payments

One unique issue that may arise in a divorce proceeding that involves an adopted child is what happens when the child receives an adoption subsidy payment. The payment may be several hundred dollars each month. Even when parents’ divorce, the adopted child continues to receive this payment until they reach the age of majority. The question becomes how the payment factors into the court’s determination of child support. The parent who receives the payment on behalf of the child most certainly argues that the payment doesn’t relieve a parent of their obligation to financially support their child. They say that they should be able to receive the adoption subsidy on behalf of the child and still collect full child support for the child. On the other hand, the parent who pays support usually argues that the subsidy is meant to meet the needs of the child and that any additional child support payments amount to a windfall for the receiving parent. They generally ask the court to offset the subsidy against any child support payments that are otherwise due to the recipient parent.

Utah courts agree that an adoption subsidy is the property of the child. They typically rule that the paying parent must pay support even in cases where the child receives a subsidy. However, the court is still allowed to consider the entire set of circumstances present in the case and determine what’s necessary to meet the needs of the children. For example, in cases where each parent has parenting time, the court might apportion the amount of the adoption subsidy between the parents based on their respective shares of parenting time.

Can we make an agreement about custody when we adopt the child?

You may be wondering about adopted children and divorce before you complete the adoption process or before you begin a divorce. With custody and child support determinations so critical to children and their parents in any divorce proceeding, you may be wondering if you can work with your spouse to create an agreement that determines child custody in the event that you get divorced. You might wonder if you can create a postnuptial child custody order that goes into effect in the event that you get divorced in the future.

In Utah, child custody agreements that parents enter into before divorce proceedings are unenforceable. The courts don’t enforce prenuptial or postnuptial custody agreements created between parents. They consider only the best interests of the children at the time of the divorce. The courts say that it’s contrary to public policy to enforce agreements between parents that don’t take all of the circumstances into account that exist at the time of the divorce. If you’re considering adopting a child, it’s important to understand that the courts do not allow you to create a child custody agreement that applies in the event that you get divorced. It’s up to parents to prove that the custody arrangement they’re seeking is in the best interests of the child at the time of the divorce.

Protecting the interests of adopted children in divorce proceedings

If you’re considering adoption, it’s important to understand how the law addresses special considerations for adopted children in the event that you get divorced. Likewise, if you’re in the divorce process, it’s important to determine if any special circumstances apply. Adopted children may have special considerations when it comes to determining child custody. In addition, the adoption subsidy may also impact a child support determination even though both parents have an obligation to financially support their adopted children.

Paying Child Support for a Non-biological Child

When there are legal disputes over child custody and/or divorce, courts will often award child support payments. The non-custodial parent will generally be ordered to make payments to the custodial parent in order to help with expenses related to raising their child. While this usually only applies to the child’s biological parents, sometimes a person can be ordered to pay child support for a non-biological child.

Biological paternity simply refers to someone who is the biological parent of a child. On the other hand, legal paternity refers to someone who is legally recognized as the child’s parent and therefore has parental rights like a biological parent would have. This includes adoptive parents and legal guardians. It is important to understand the concept of legal paternity and how it can impact child support proceedings.

What Are Some Important Things About Legal Paternity?

Besides situations of voluntary legal paternity, like adoptive parents and legal guardians, there are some situations when a person who is not a biological parent is presumed to have legal paternity. For example, you may be presumed to be a child’s legal father when:
• You are married to the child’s mother at the time the baby was conceived or born;
• You sign the child’s birth certificate as their father, even if you know you are not the biological father; and
• You fill out a legal acknowledgement of paternity form.

You should also keep in mind that there are situations where a biological parent does not have parental rights because these rights were legally terminated. One situation could be where the parent is not involved and a stepparent decides to adopt the child. The court would terminate the biological parent’s rights and grant those parental rights to the child’s stepparent instead. Regardless, once you establish legal paternity, in the eyes of the law you will carry all of the rights and responsibilities associated with being a parent. Additionally, after a person acknowledges paternity many states will provide a two year limitation to contest or dispute paternity. However, some provide a shorter amount of time so knowing your state’s laws and procedures if you are faced with this issue is crucial.

How Does Child Support Factor Into the Legal Parent/Non-Biological Child Relationship?

In family court proceedings, the judge will always base their decisions on what is in the best interests of the child. That is why these matters are fact driven and will vary. Most states will recognize the importance of a parent-child relationship even when biological paternity is not involved. Because of this, a legal parent who is not biologically related to the child but has played a big role in the child’s life may be responsible for child support if divorce or separation happens in the future. Other terms for this are “equitable paternity” and “parentage by estoppel”. This also broadens the scenarios of when someone can be considered a legal/equitable parent. If you and the other parent had a close familial relationship where you parented the child and lived in the home, you may be considered an equitable parent. Additionally, if you held the child out as being your own then you may be considered an equitable parent. Again, this will vary between the states and depend on the circumstances of your relationship with the child. However, a court could deem you to be a legal parent in these circumstances or any of the others discussed above, which could make you responsible for future child support payments.

Can The Courts Enforce Child Support Payments for Non-Biological Parents?

As noted above, a family court can order a non-biological parent to pay child support in certain situations.

The person will need to be a legal or equitable parent. Look to your state’s child support guidelines for more information about when this could apply. Some factors that could weigh into this decision include the following:
• You financially supported the child for a significant amount of time;
• You emotionally supported the child for a significant amount of time;
• You lived with the child and other parent; and
• You helped make important parenting decisions, like where the child would go to school or what medical treatment the child would receive.

All of this could support a case for equitable paternity if you are not a biological or legal parent of the child. This can make it difficult to avoid child support payments mandated by court order. However, keep in mind that this will also support a case for you to have custody rights over the child, which means you could fight for shared custody or visitation rights. You can also attempt to establish someone else’s biological paternity as a defense to making these payments. However, say you acted as a father figure to a child by exhibiting all or some of the traits discussed above. Even if you track down the biological father, if they were never involved in the child’s life then the court may still order you to make the child support payments if you separate from the mother.

Should I Hire a Lawyer For My Child Support Issue?

Child support and custody issues can be complicated and argumentative. A child support lawyer in your area can help if you are dealing with these issues. An experienced lawyer will be able to thoroughly evaluate your situation and explain why you could face child support payments for a non-biological child. A lawyer can also help you fight for shared custody or visitation rights if that is something that you want.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!