custody Archives - Ogden Divorce Lawyer

Protective Orders and Custody

Todd Peterson — Fri, 04 Apr 2014 19:19:06 +0000

One of the difficult things about protective orders is that after a party requests the protective order, a temporary protective order is normally immediately issued and if the party requesting the protective order is married to the named respondent or they are parents together then they can request that the minor children also be included in the protective order. So regardless of whether or not there are sufficient grounds for a protective order to be issued there could be a temporary order of custody in favor of the individual who filed for the protective order. Due to the unrestrained power of this system it is often abused and protective orders are filed just to get temporary custody of the minor children or to get one of the parties kicked out of the house.

Reasons to Stay Away from Protective Orders

Obviously there are some clear situations where protective orders are very vital and can protect individuals and even save lives. However, in every other situation there are some good reasons why you should stay away from protective orders, especially if you are going through a divorce process. One of the biggest reasons why you shouldn’t try and get a protective order if you really aren’t afraid of being physically injured by your spouse is because it delays the process of your divorce and it makes people more vindictive and makes settlement negotiations more difficult.

Ogden Family Law Attorney | Getting Your Protective Order Questions Answered

If you are considering divorce or a protective order or both then you should talk to an attorney first. Call us at Ogden Divorce Law for answers to your divorce and protective order questions, we can help you make an informed decision about your situation.

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Filing for Temporary Separation

Chris Salcido — Fri, 21 Feb 2014 23:39:31 +0000

Under Utah law, parties can file for a temporary separation as opposed to a divorce. Temporary separation allows the parties to separate while still obtaining temporary orders to their benefit. Issues such as alimony, child support, custody, property division, debts, can all be entered as temporary orders controlling during the separation. Parties seeking this type of action should understand that separation orders are considered temporary only and eventually the parties will need to make a decision as to whether or not their temporary separation will be converted to a divorce or whether the parties will reconcile.

The Process of Obtaining Temporary Separation Orders

Even if you and your spouse agree on your separation terms, you should still seek the assistance of an Ogden Utah Divorce Lawyer. Unlike an uncontested divorce in Utah, there is not an easy online system for parties to obtain temporary separation orders in Utah. The action is commenced by the filing of a petition which must include a few specific statutory terms. The case must then proceed to a judge’s final order either by agreement of the parties or by contested litigation. The process may sounds simple but unless you have experience in this area, you may find yourself caught up not knowing how to get it done. The Utah Court’s website suggests clients hire attorneys to file this action.

Potential Effect of Temporary Separation Orders

One thing to consider before pursuing a temporary separation order is the effect of putting in place a status quo. Let me explain this in a little more detail. Say for instance you decide your spouse will have primary custody of the children and temporary possession of the marital home while you are separated. Things later go badly and the separation turns into a divorce but you decide you no longer like the current arrangements. You may have an uphill battle to change the prior agreed terms. This is because the status quo is an important principle for the judges to consider. If the children are well adjusted to a particular custody arrangement that has been in place for some time during separation, it might be unlikely the judge will want to upset that. Thus, before you do anything make sure you consult with a member of our team to understand all the potential side effects of your decisions.

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Keeping the Kids Out of the Divorce

Todd Peterson — Wed, 02 Oct 2013 15:49:55 +0000

Divorce is hard enough on kids. It gets even tougher when they feel like they are in the middle or have to make a choice between mom or dad. Every parent involved in a divorce needs to try as best they can to put their children’s interests first. Every child therapist, custody evaluator, or other professional seems to stress this important fact. Here are a few things we have seen good parents do in divorces we believe really helped the kids stay out of the divorce.

Don’t Discuss the Divorce with the Kids

This is often tough advice for parents to follow for a number of reasons. First the parents may have a very open relationship with their children and may be accustom to discussing openly family matters. However, parents need to keep in mind the enormous amount of stress discussing divorce issues can have on kids. Even if you are not bad mouthing your ex, discussing the divorce can be very difficult for the children. Often, the children are the ones asking the questions, sometimes they are older kids who are teenagers but still minors and still not capable of processing issues like an adult. Just because you have older children doesn’t necessarily mean they are capable of not being negatively impacted by the divorce being discussed with them in the home. You should especially refrain from disparaging the other party in front of the kids. In fact, good parents, despite their differences, are able to be positive towards the other parents relationship with the children.

Stability for the Children

Children’s lives can be turned upside down during a divorce. Maintaining a stable environment for the kids can be key to getting them through. Often this means you may have to sacrifice your own wants for custody for what you know will provide the most stable environment for the children. For instance, if you work long hours or frequently travel, a joint 50/50 custody relationship may not be in the kids’ best interests, it may be what you want but if it will lead to an unstable custody arrangement, you may want to consider alternatives.

Advice from a Lawyer

Getting good advice from an Ogden Divorce Attorney can help. A good lawyer will give you an honest assessment of your situation and provide advice to not only improve your custody position but to help keep your kids from getting too involved in the divorce. Consult with a lawyer if you have any questions about custody or other child’s issues and a good attorney will give you the best advice to help you and your children, even if it may not be exactly what you want to hear.

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Utah Paternity Suits

Todd Peterson — Mon, 05 Aug 2013 20:09:52 +0000

In today’s world societies conventions are much less strict when it comes to not getting married and “shacking up” instead. With rising divorce rates and the difficulties that come with ending a marriage it makes sense why there is so much trepidation when it comes to tying the knot. While divorce may scare some people away from getting married that does not keep them from having to deal with divorce like issues if they do end up having a child with another person and then splitting up. If a couple has a child together and then decides that they are going to end their relationship then a divorce won’t work if they were not married and that is why there is the option of a paternity suit in Utah.

Establishing Paternity and Fighting for Custody

With how the law is set up in Utah the father in an unmarried relationship must take legal action to establish that he is the father of his child. This legal action is called a paternity suit or a paternity action and it is sometimes described as a divorce without the marriage. There are two main parts of a paternity action, the first being the establishment of paternity and the second being the judgment concerning custody and other rights pertaining to the children.

Ogden Family Law Attorney | Finding Representation for your Paternity Suit

If you have a child with your significant other but are not married and are thinking of splitting up then it is important you contact an attorney at Ogden Divorce Law to understand your rights and how to protect your parental rights like being able to see your child on a regular basis. Our experienced family law attorney’s serve all of Northern Utah and can help answer your questions as well as fight to keep you in your child’s life.

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Is Your Divorce Uncontested?

Todd Peterson — Fri, 21 Dec 2012 18:02:37 +0000

When you start looking into the possibility of divorce and start to hear the jargon surrounding divorce proceedings you will undoubtedly be asked if your divorce is contested or uncontested. While contested and uncontested are commonly used words in society that most people understand they don’t exactly have the same meaning in a legal sense. While a person may think that their divorce is going to be contested because their spouse doesn’t want to get divorced, it may be uncontested because while that person may want to stay together they ultimately agree to all the terms that are being proposed in the divorce petition.

The Differences

In a divorce there is a process that is followed at the beginning whether the case is contested or not. The petitioner will file a divorce petition with the court basically setting out what they want from the divorce and then they have to have that paperwork served or in other words delivered to their spouse. If the divorce is uncontested then a stipulation and settlement agreement can also be sent to the spouse and if signed that can be entered with additional paperwork to finalize the divorce. If the spouse does not agree then they must file an answer with the court and that is when the contested matter begins. A contested divorce is much longer and costly and basically involves the parties fighting over issues such as child custody, child support, division of property, and alimony.

Ogden Family Law Attorney | Divorce

If you are in Ogden and you are contemplating a divorce or a divorce has already been filed then call an attorney at Ogden Divorce Law today. The process is too complicated and too important to try and handle it yourself and you’ll most likely end up regretting it if you do. Our experienced attorneys can help relieve the stress of this difficult situation and let you feel confident that your rights and interests will be protected as much as possible, so call us today to find out more.

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Utah Child Support Laws

Todd Peterson — Mon, 06 Feb 2012 23:51:45 +0000

Child support can often be a highly contested issue in most divorce proceedings that involve children. Although some parents want to be able to provide for their kids, coming to an agreement of what is fair is usually not so simple. However, with the right expectations from the outset, parties can be better prepared for the issues that may arise. The basic definition of child support is the parents’ legal duty to provide financially for their children.

Understanding Child Support in Utah

In Utah child support is required and determined by statute, meaning that Utah has laws that set out a parents child support obligation based on their income and the custody arrangement. So based on that calculation the court will order that the non-custodial parent pays the custodial parent the amount set out by statute. Courts will normally set the support according to these guidelines, but in some unusual circumstances they may order a different amount. Also the parties can agree to a child support amount as long as it meets the guidelines and the court signs off on it. Along with child support the law requires that the parents provide medical insurance coverage for their children, and share costs like premiums, co-payments, and work-related child-care expenses.

Child Support Help | Ogden Divorce Attorney

Whether you have gone through a divorce or are just starting the process, the lawyers at Ogden Divorce Law can help you with your child support issues along with any other family law problems you may be having. Family law issues can be very emotional and very stressful and that is why having an attorney at your side can be so helpful. Our lawyers are sensitive to the difficult situation you are in and we will work tirelessly to make sure that your rights are protected. Call or email us today to set up a free consultation.

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Mediation v. Litigation

Todd Peterson — Wed, 19 Oct 2011 04:48:16 +0000

Many clients ask us if they should just try mediation before jumping into a law suit over their divorce. The answer to this question is different for everyone. Depending on your circumstances, it might make more sense to try mediation early on in the process to help you prevent the time and money associated with fighting in court. On the other hand, many cases cannot be resolved in mediation for one reason or another, for those cases, litigation is really the only other option. This article explores the benefits of both mediation and litigation. For detailed information about the specifics of your case, or to speak with an attorney or mediator at our office, call us today at 801.475.0991.

The Benefits of Mediation in Utah

There are many benefits to mediation in Utah. Chief among these benefits is the enormous savings in time and money. In fact, many clients choose to hire us as divorce mediators in Utah so they can save the time, money, and ultimately the headache and sorrow that comes along with drawn out court battles. Another substantial benefit is the ability to maintain some type of working relationship for the future. This can be especially important in cases involving children and custody. The truth is, if you have kids together, you are going to have to continue to be a part of each others lives to some extent. Mediation allows divorcing couples to settle on ground rules to better help them move forward and co parent their children. Often when you fight in court, by the end of it, it is almost impossible to have a good working relationship in the future. If you are interested in attending mediation with your soon to be ex, we can help. Our attorneys our trained mediators and can help aid in the negotiation and settlement of your divorce.

The Benefits of Litigation

Litigation refers to the traditional process of resolving your divorce case in court with an attorney representing you. There are many benefits to litigation as opposed to mediation. Litigation allows you to put the decision in the hands of a judge who is trained to resolved disputes based upon the laws of Utah. This can mean greater protections for you and your family with defined orders from the court keeping both parties in line. At our law firm, we have represented numerous individual in all types of divorces. We are experienced litigators and will ensure your rights are protected so you get your fair day in court. To get us started on your case, call now at 801.475.0991.

Free Consultations

Whether you need to go to court or want to avoid court and try and settle, we can help. We are available anytime 24/7. Call us today to get started on your case or to schedule a mediation in our office. We look forward to your call.

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