custody Archives - St George Divorce Attorney | Southern Utah Family Lawyer | Mediation https://www.stgeorgedivorceattorney.com/tag/custody/ St George divorce attorney practicing family law in Southern Utah in such matters as child custody, child support, alimony, protective orders, mediation, etc Fri, 29 Dec 2023 19:21:03 +0000 en-US hourly 1 Rights of Unwed Parents With No Court Orders https://www.stgeorgedivorceattorney.com/rights-of-unwed-parents-with-no-court-orders/ Wed, 28 Aug 2013 03:42:55 +0000 https://www.stgeorgedivorceattorney.com/?p=367 We frequently get calls from unwed mothers and fathers who have never been to court, have no court orders, and want to know what their rights are with their children. Often they ask things like, “can he/she keep my child … Continue reading →

The post Rights of Unwed Parents With No Court Orders appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

]]> We frequently get calls from unwed mothers and fathers who have never been to court, have no court orders, and want to know what their rights are with their children. Often they ask things like, “can he/she keep my child from me?” The truth is without a court order for custody, parent time, and any other child issue in place, your rights may be limited. Two parents, generally speaking, have equal rights to their children absent a court order to the contrary. But what this really means is if one parent is keeping the child from the other, that parent may be stuck until they can get the issue before a commissioner or judge. For this reason, we almost always counsel our clients seeking custody to not wait in getting into court. We have seen numerous horror stories of parents disappearing with children or leaving the state and becoming almost impossible to find. Don’t let this happen to you. If you do not have any custody or other child orders in place, you should act immediately to prevent future problems from arising. Even if you and the other parent get a long great, you never know if something is going to change. Don’t take any chances.

Specific Rights of Unwed Fathers

If you are the father in the relationship, and are not married, you should be aware of the following laws in Utah which may affect your ability to prevent an adoption of your child. First, if your child is less than 6 months old, the mother does not need your consent to give your child up for adoption unless you file a paternity action within 1 day following the birth of your child. There are exceptions to this general rule; you should consult with an attorney for details. Second, if your child is over 6 months old, consent may still not be required unless you can prove a substantial relationship exists between you and your child. Again, for advice regarding you specific situation, call and speak with a St. George Divorce Attorney at our firm today.

The post Rights of Unwed Parents With No Court Orders appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

]]> St. George Divorce Lawyer | Divorce Modification https://www.stgeorgedivorceattorney.com/st-george-divorce-lawyer-divorce-modification/ Tue, 04 Oct 2011 20:21:26 +0000 https://www.stgeorgedivorceattorney.com/?p=186 Divorce Decree’s are a binding judgment by a court that parties have to follow if they don’t want to run into future legal proceedings. However, a divorce decree can be modified if there has been a substantial change in the … Continue reading →

The post St. George Divorce Lawyer | Divorce Modification appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

]]> Divorce Decree’s are a binding judgment by a court that parties have to follow if they don’t want to run into future legal proceedings. However, a divorce decree can be modified if there has been a substantial change in the circumstances of the parties that was not contemplated by the divorce decree. Some of the more common things that are cited as a substantial change have to do with money, for example, job loss, or a party getting married and the new spouse bringing in money as well. There are four areas of the decree that can be modified; alimony, child support, child custody, and parent time.

Utah Divorce Modification Proceedings

The divorce modification process is very similar to the original divorce proceedings. Courts encourage parties to resolve issues outside of court, like in divorce, but if no agreement is made then the court gets involved. Also the court uses the same standards and rules as before and in reality the only difference should be the substantial change in circumstances mentioned above. The argument for substantial changes can be in relation to your own circumstances, your ex spouse’s, or even your children’s. As is the case in the original divorce proceedings any custody issue will be resolved by considering what is in the best interest of the child.

St. George Divorce Attorney

If you are divorced and find that the terms of your divorce decree no longer apply to your situation, then call the lawyers at St George Divorce Attorney, you may be able to get your decree modified to better fit your circumstances. With the help of an experienced family law attorney you will have a better chance of convincing the court that the changes you want are in the best interest of the kids, and the right thing for the court to do. Call or email us today to set up a free consultation.

The post St. George Divorce Lawyer | Divorce Modification appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

]]>