DIRTY TRICK NO. 1: AVOIDING SERVICE. People will go to great lengths to delay the inevitable, and step number one is avoiding service. This can be especially devastating if you are trying to serve a restraining order on the party to prevent them from moving your child out of the state. An experienced Utah Custody Lawyer will know the “tricks of the trade”, so to speak, and will be able to help you serve those papers on the opposing party and get your case rolling. When it comes to child custody, be aware that sometimes it may be hard to get service effectuated. DIRTY TRICK NO. 2: SHOWING UP AT THE FIRST HEARING AND ASKING FOR A CONTINUANCE TO GET AN ATTORNEY, EVEN THOUGH THEY HAVE ALREADY HAD WEEKS OR MONTHS TO DO SO. The person who currently has the most legal rights over the child is not anxious for that to change, and is motivated to delay the proceedings. This is one of the most common ways that they accomplish this. An experienced Child Custody Lawyer can help you keep the opposing party from abusing this trick, although they may receive one continuance to obtain an attorney. DIRTY TRICK NO. 3: FAILING TO PAY THE GUARDIAN AD LITEM, IN ORDER TO KEEP THE GAL FROM DOING THEIR JOB. When a GAL begins their investigation, this represents the possibility of change. For the party who does not want anything to change, this is a threat. The GAL does not start work until they have been paid the fee, which is usually split in some fashion between the parties pursuant to the court’s order. The party who sees the GAL as a threat sometimes delays or refuses to pay the GAL’s fee, with the result being the GAL does not begin work, and the process is delayed. An experienced Utah Custody Lawyer can advise you regarding how to deal with this problem and make sure the GAL starts work despite the other party’s resistance. DIRTY TRICK NO. 4: THREATENING THE CHILDREN. This dirty trick is especially loathsome. Most people do not threaten the children physically (although some do, unfortunately). This is usually more of a psychological threat to the children, such as “if the court gives Daddy what he wants you won’t ever see Mommy again (or your dog, or your sister, etc.). It is a terrible thing to do, for any reason, but unfortunately it happens all too often. The threat is designed to sway what the children will say to the Guardian ad Litem or the Commissioner. If this happens to you, your Utah Custody Lawyer will know what to do, and you should tell them immediately. DIRTY TRICK NO. 5: HOPSCOTCH COUNSELLING. Sometimes people put their child in counseling right around the time of litigation, in order to (hopefully) solicit some information from the child during counseling that will help their case. This tactic is suspect if the need for counseling arose right around the time the litigation was initiated. Then once the child has made a statement which the parent believes is detrimental to the other parent, the other parent is invited to attend counseling. After that, with very little contact with parent B, and getting most of their information from Parent A, the parent who initiated counseling and has a litigation agenda, the counselor makes statements to the guardian ad litem, which the guardian ad litem almost always follows because the counselor is an “expert”. Although counselors are not supposed to make recommendations regarding custody, as a treater, all to many of them do not know this, and will produce a letter supporting the agenda of the parent who sought them out and gave them most of their information (and is also pressuring the child). Even more suspect is when the counselor is someone that the lawyer recommended. Even more suspect than that is when Parent A did not get the desired result from the first counselor, so they move on to counselor B. In this situation, it may be toxic for Parent B to become involved with the counselor at all. Before having any contact with the counselor, Parent B should speak to his or her experienced Utah Custody Lawyer and carefully plan his or her response to the situation. Free Consultation with a Child Custody LawyerIf you have a question about child custody question or when you need a family law attorney, please call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Salt Lake County Divorce Attorney Enforcing Grandparent Visitation with Contempt of Court via Michael Anderson http://www.ascentlawfirm.com/dirty-utah-custody-case-tricks-to-watch-out-for/
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In Utah, when grandparents have received an order of visitation from the court, they have the right to enforce their order, just like a parent. If grandparents experience one or more occasions where they are denied their visitation, Utah law provides them with a remedy known as contempt of court (commonly called “filing or file for contempt charges”. Before you file for contempt of court, you must make sure that you understand your order, and what it means under Utah law. You should also talk to a lawyer in Utah to make sure you are doing this right. Common areas of misunderstandings are:
Assuming that you are NOT under any misunderstanding about your order, and the other party simply won’t obey the court’s orders, you have rights, and the parent who refused visits is subject to penalties. Pursuant to the code if a court finds any person has denied or interfered with visitation, the court MUST award court costs and reasonable attorney fees to the party who was wronged. Sometimes, when people do not want to comply with a court’s order, they file a motion to change the order, hoping that if they win, then they won’t get in trouble for what they did while their motion was pending. Unless the denial of visitation was necessary (in the eyes of the court, not the parent) to protect the child, this idea is wrong. The law says that the court has jurisdiction to make a finding of contempt for a failure to comply with, or an interference with, a parenting time or visitation order or decree and to impose the penalties set forth in the Code in all cases in which the failure or interference is at issue even if the parenting time or visitation order or decree no longer is in effect. Utah Temporary Restraining Orders in DivorceIn Utah, when a divorce case is filed, it is common for the court to put on a temporary restraining order. Sometimes, the order is only put on if a party asks for it, and the order is one-sided (the party that asks for it gets the order agains the other party only). This is currently the case in Franklin County. In other counties, sometimes the domestic court’s local rules state that the temporary restraining order goes on as soon as the case is filed, against both parties. It is important to understand the nature and limitations of these orders. They are not domestic violence orders, although they usually instruct the parties not to harass each other. They do not have any provisions that will require a party to give up their guns (unlike a civil protection order / domestic violence protection order). There is no allegation of wrong doing necessary to get these orders. These orders are simply put on to protect the status quo during the divorce, so that the parties remain relatively peaceful while they wait their turn for the court to end their marriage, divide their property and debts, and make orders regarding support and children. Among other things, temporary restraining orders usually restrain the parties from taking funds out of any of their assets except for checking accounts. This prohibits the parties from dipping into retirement, savings or anything else to finance their divorce. This can seriously disadvantage the party who did not plan for the divorce. One party has all their ducks in a row and the other is unable to afford their attorney. There are very few good solutions for this problem. An attorney can file a motion for attorney fees, but the attorney fees are not awarded often enough to address the problem or equalize the parties’ financial power, and when the fees are awarded, the awards are often minimal compared to the need. When people think divorce is coming, they are often afraid to financially prepare themselves for the divorce, because they are afraid that taking the money will hasten the divorce itself. That may or may not be true. Each client is in the best position to judge their own spouse’s potential reaction. However, when a client believes divorce is coming, they need to understand that a temporary restraining order is coming as well, and it may take a while to get to agreement, if agreement can be reached. By failing to prepare for divorce, and for the temporary restraining order that will soon be limiting their access to their assets, people facing divorce are taking a risk of being the disadvantaged party throughout the entire divorce. Free Initial Consultation with a Family LawyerWhen you need help from a Utah Lawyer, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Salt Lake County Divorce Attorney via Michael Anderson http://www.ascentlawfirm.com/enforcing-grandparent-visitation-with-contempt-of-court/ You cannot have one attorney represent both husband and wife in a divorce. It is a conflict of interest. If an attorney represented two parties in a dissolution, divorce, annulment or legal separation, he or she would be subject to discipline for ethical violations. Attorneys know this or should know this. If you think both you and your spouse are being represented by the same attorney, think again. Ask yourself this – who signed a fee agreement with the Attorney? That person is the client. That is the ONLY person an attorney is representing. A Divorce Lawyer KnowsAttorneys generally try to be pretty clear about this, but unfortunately, sometimes people believe their spouse rather than what the attorney says. Even though an unrepresented party in an Utah dissolution must sign an acknowledgement saying that the attorney represents only their spouse and not both parties, sometimes people believe that the acknowledgment is “just paperwork”. It’s not just paperwork, it’s real, and I can tell you, as a Utah divorce attorney we want things done right. If there is only one attorney involved and you did not sign a fee agreement with that attorney, then you do not have an attorney and your spouse is the only person getting legal advice about his or her best interest. You are entitled to represent yourself in a dissolution. Each spouse can have their own attorney, each spouse can choose not to get an attorney, or one spouse can hire an attorney, but in Utah you cannot have one attorney representing both spouses in a dissolution, divorce, legal separation or annulment. For more information about deciding whether or not you need an attorney to handle your divorce. Grounds for Divorce. There must be grounds for dissolution, just like divorce. Generally, people agree to the “no-fault” ground of incompatibility. There are 8 grounds for ending a marriage in Utah, but once parties start going down the blame path things generally start to disintegrate. Is either spouse going to pay spousal support to the other? Spousal support is a touchy subject. Nobody likes being court ordered to pay spousal support. But when reaching agreement on this issue, the sensible approach is to look at what a judge would decide if the parties cannot agree. To learn more about spousal support, or alimony, in Utah. If spousal support is going to be paid
Free Consultation with a Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson http://www.ascentlawfirm.com/salt-lake-county-divorce-attorney/ In Utah, divorce courts presume that all property is marital, unless one of the parties prove that the property is separate property, or the property of neither the Plaintiff nor the Defendant. You should always talk to a divorce lawyer before you move forward with a divorce. In the Deitz case, Husband was living with his mother and brother during the divorce. At trial, Wife introduced an exhibit which was a list of cars, trailers, parts and tools that she asked to have classified as marital property and sold at auction. Wife testified that she hoped to have the proceeds of the auction applied to Husband’s child support arrearages. At trial, the Wife, the Husband, and Husband’s mother all testified regarding specific items of property that Wife asked to be classified as marital property. The Commissioner’s decision ordered that most of the property listed on the exhibit were presumed to be marital property because husband had failed to properly trace the items as his separate property. The Commissioner’s decision ordered the items to be sold at auction. The Judge adopted the Commissioner’s decision the same day. Divorce Lawyer in UtahThe Husband objected to the Commissioner’s decision stating that “some of the property listed appears to be the property of third parties.” Shortly afterwards, the husband’s brother and mother filed motions for joinder. The court denied the motions for joinder saying they were “too little, too late”. Under the Utah Rules of Civil Procedure, you are allowed to claim an interest in property out of which a party seeks a division of marital property, a distributive award, or an award of spousal support to be made a party defendant to the case, at the discretion of the trial court. The trial court has to believe that the person’s interest in property needs to be protected within the divorce action. Likewise, the rules allow the Plaintiff or Defendant (a party) to a divorce case to join a person as a party to a case, even against their will, if it is necessary for the court to protect property from which the Plaintiff or Defendant are seeking a division of marital property, a distributive award, or an award of spousal support. This can be very important when one of the parties is trying to hide assets outside of the court’s reach. The court of appeals stated that the term “interest” as used in the code and rules usually means lien or ownership, legal or equitable. The court said that the parties seeking to join in the divorce bore the burden of sufficiently detailing their respective property interests and the basis for their claim of ownership. Because they had not done so, the Court of Appeals concluded that the trial court did not abuse its discretion by denying their motions to be joined as a party. What is to be learned here is that if you have property that is joined, shared or collective in any way with the property of a couple who is being divorced, it is up to you to make sure your property is protected, early on, and with specificity. Business partners often assume that their interests are protected, however, in reality, they are relying on their friend, partner or family member to do adequate tracing at a time when they are financially and emotionally stressed. It may be advantageous to be asked to be joined to the case yourself if you have proof to present that the property is not marital property. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson http://www.ascentlawfirm.com/commingled-property/ In situations where court ordered parenting time has been established, and the residential parent wants to move, pursuant to Utah law, the other parent is entitled to notice of the move and, if requested or ordered by the court, a hearing. These notice provisions apply REGARDLESS of whether the non-residential or non-moving parent contests the move. As a relocation lawyer, I’ve seen parents make mistakes in doing this before, which can require a big problem for them. A parent has a fundamental right to live where he or she wants to live, BUT they do not have a fundamental right to permanently relocate the child in violation of the Utah Revised Code or the parties’ court order. Depending on the language of your court order and/or the language in the Local Rules of the court who issued the order, simply moving a certain distance away MAY automatically trigger a change in custody, shared parenting, school placement parent, parenting time or other provisions of your parenting order. Utah law, case law and the code requires a court to consider whether either parent has established a residence, or is planning to establish a residence, outside this state when determining the best interest of the child. In addition, pursuant to Utah law when determining whether shared parenting is still in the best interest of the child the court must consider,
Utah laws requires a court to consider
Sometimes parents want to move for legitimate reasons, and sometimes they want to move to thwart the other parent’s access to the child. Regardless of the reason for the move, if the move creates additional distance between the child and the other parent, the move IS going to have an impact on the parenting time of the non-moving parent. The question is, how much of an impact, and does the non-moving parent object? If the non-moving parent believes that the impact upon their parenting time and relationship with the child is significant, he or she may wish to modify custody, shared parenting, or the school placement parent in a shared parenting plan. At a minimum, the parties will need to consider whether a new parenting time schedule is appropriate. Can you sue for a broken heart?Did you have a change of heart and leave your fiancé at the altar? If so, be glad that you are in Utah where “heart balm actions” have been abolished. Many years ago there was the Heart Balm Statute, which says that no person shall be liable for civil damages in the following types of cases:
Later cases have generally found that the following types of actions are also abolished under the statute, at least when it relates to civil damages for a failed relationship or a person wronged in a relationship:
Although some states will still allow heart balm actions, Utah does not. You cannot sue the person who stole your spouse away from you for money damages, and you cannot sue your spouse for money damages in a civil case for cheating on you. Generally, you cannot successfully sue your fiancé for leaving you at the altar, even if you had already spent a lot of money on the wedding. Be sure to also take a look at our article about returning the wedding ring after a broken engagement in Utah. There is no broken heart law in Utah. Free Consultation with Family Lawyer in UtahIf you have a question about divorce law or if you need to relocate to another state, call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Business Lawyers in Utah for Gold and Silver via Michael Anderson http://www.ascentlawfirm.com/utah-family-lawyer-on-moving/ In Utah, does a father have a right to get visitation, even if paternity has not yet been established? Does the law regarding an Utah Father’s Rights include the right for the father to request temporary orders regarding visitation or custody, even if paternity has not yet been established? The answer is YES. Since the husband is presumed to be the biological father when a child is born to a couple who is married, this issue applies to Utah Father’s Rights situations where the mother and father of a child were never married. Temporary Custody Order While Action is Pending allows the following regarding an Utah Father’s Rights to visitation and/or custody while a court case is pending, or temporary orders: In any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, when requested in the complaint, answer, or counterclaim, or by motion served with the pleading, upon satisfactory proof by affidavit duly filed with the clerk of the court, the court, without oral hearing and for good cause shown, may make a temporary order regarding the allocation of parental rights and responsibilities for the care of the child while the action is pending. If a parent and child relationship has not already been established pursuant to section 3111.02 of the Revised Code, the court may take into consideration when determining whether to award parenting time, visitation rights, or temporary custody to a putative father that the putative father is named on the birth record of the child, the child has the putative father’s surname, or a clear pattern of a parent and child relationship between the child and the putative father exists. There are several things about that statute that you want to read carefully. Every word matters. Here is some additional information about important phrases from the statute: PROCEEDING PERTAINING TO THE ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES:
WHEN REQUESTED IN THE COMPLAINT, ANSWER OR COUNTERCLAIM, OR BY MOTION SERVED WITH THE PLEADING: To establish an Utah Father’s Rights to temporary visitation or custody, the Father, or his Utah Father’s Rights Attorney, should request temporary orders pursuant to the Utah Rules of Civil Procedure in his Complaint, or his Answer to the Mother’s Complaint, if the Mother filed the Complaint. In the alternative, the Father can seek his Utah Father’s Rights by filing a motion. It is unclear from the statute whether his Motion must be served with his Complaint, Answer or Counterclaim, but it is the better practice to file the Motion at the outset of the case. In addition, sometimes a request tucked at the end of a Complaint Answer or Counterclaim escapes the notice of the court at the initial hearing, but a Motion which is pending on the Court’s Docket is more likely to be noticed and addressed at the first hearing. Something that is important to note is that if child support is not yet established, but paternity is established (perhaps through an Affidavit signed at the child’s birth which allows the Father’s name to be on the child’s birth certificate), Utah judges and magistrates almost always establish a temporary order of child support. If the father, or his attorney, has not already filed a Motion for Temporary Orders or requested temporary orders in his complaint, this would be a great time to point out that Utah law allows the following: Whenever a court issues a child support order, it shall include in the order specific provisions for regular, holiday, vacation, parenting time, and special visitation in accordance with the sections of the Utah Code or in accordance with any other applicable section of Utah law. Free Consultation with a Utah Father’s Rights LawyerIf you have a question about child custody question or if you need to protect or enforce your rights, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Business Lawyers in Utah for Gold and Silver Financial Misconduct in Utah Divorce Cases Child Custody Lawyers for Fathers Utah Divorce Attorneys for Fathers via Michael Anderson http://www.ascentlawfirm.com/utah-fathers-rights-attorney/ “Shafting” the IRS is the verbiage used in the article in Forbes, not ours, though who hasn’t dreamed of evading, er, we mean finding loopholes in taxes at least once in their lives? Well, now the secret is out, thanks to writer Brian Domitrovic, who may be onto something. Obligatory disclosure: he’s not a tax lawyer. Interestingly, he cites a 2011 law that was passed in Utah “banning taxes on the use of gold and silver coins as currency and permitting residents to remit taxes in these coins.” Apparently Oklahoma recently did something similar. But before business lawyers in Utah as well as entrepreneurs and wealth management specialists across the Beehive State dismiss this small bit of legislation as trivial, Domitrovic points out that transacting in gold can save you tons on taxes. Maybe not literally tons, and almost certainly not tons of gold, whose current market value is something like $1,267 per ounce. So here’s the first thing: gold’s official Treasury price is $42.22 per ounce, meaning that some savvy individuals or companies who leverage the legal know-how of their business lawyers in Utah could be saving hundreds of thousands of dollars on taxes each year if they worked in gold. So, Business lawyers in Utah may be called on in greater demand for transacting in gold because it can shaft the IRS. But hold on a minute, some of you astute readers of legal news might say. What about the “federal law” that requires you to “declare as taxable the gain on any market appreciation of the gold you use to make purchases”? Well, that’s the other thing: it’s a “federal law” in quotation marks. It’s not a real law. It’s what Dimitrovic calls “administrative law,” which is basically an idea that the Internal Review Service came up with and tossed back and forth in a series of emails (8,000 pages worth, as discovered under the Freedom of Information Act) and said “okay, we’re doing this requirement of market appreciation on gold thing.” How enforceable is administrative law? You’d have to ask your business lawyers in Utah: legal counsel isn’t superseded by Dimitrovic’s blog-based advice. Just think about it, though: if enough people get together and decide to make transactions in gold, “somebody might clear, for example, $3,000 in gold income a year, or $90,000 if translated into paper dollars.” And given Utah’s 2011 statute, even the most experienced business lawyers in Utah would be hard pressed to disagree that everything with that plan seems above board. And when you’re only paying taxes on $3,000, why wouldn’t you get on board with this idea? Part of the problem is finding enough people to get together to decide to make the transactions in gold. If the gold movement does get traction though, “it could have the effect of requiring business in this country to cut their taxation costs by arbitraging the gold-note dollar spread that the United States has allowed to emerge over the past century of serious inflation.” Gold has the potential, like Bitcoin to stick it to the man (i.e. the IRS), with the added bonus of being constitutionally protected since 1787 and time tested through copious amounts of litigation in the 19th century. Pony, up, people; together we can “shaft the IRS.” Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Child Sexual Abuse Investigation Financial Misconduct in Utah Divorce Cases via Michael Anderson http://www.ascentlawfirm.com/business-lawyers-in-utah-for-gold-and-silver/ What is financial misconduct? In Utah, it is a basis upon which an Utah divorce court can make a distributive award. Consider this: If a spouse has engaged in financial misconduct, including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property. So what does this mean in plain English? It means if you are getting divorced and your spouse is destroying, ruining, hiding, or getting rid of assets in a sneaky way, the court can give you some of their separate property to punish them. When a court does this, it is called a distributive award. So what is separate property?(a) “Separate property” means all real and personal property and any interest in real or personal property that is found by the court to be any of the following: (i) An inheritance by one spouse by bequest, devise, or descent during the course of the marriage; (ii) Any real or personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage; (iii) Passive income and appreciation acquired from separate property by one spouse during the marriage; (iv) Any real or personal property or interest in real or personal property acquired by one spouse after a decree of legal separation issued under section 3105.17 of the Revised Code; (v) Any real or personal property or interest in real or personal property that is excluded by a valid antenuptial agreement; (vi) Compensation to a spouse for the spouse’s personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets; (vii) Any gift of any real or personal property or of an interest in real or personal property that is made after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse. So what does this all mean? It means if your spouse has separate property, and they are playing games with the marital property, the court can remedy this by giving you some of their separate property. Retroactive Arrearage Modification Not ProhibitedThe Supreme Court has decided that parties to a support order may modify child support by agreement. In Byrd v. Knuckles the Supreme Court held that nothing prohibits a juvenile court from adjusting an existing arrearage in child support if the parties agree to do so. In this case, as part of an agreement to consent to a step-parent adoption, the Mother agreed that the Father’s child support arrearage would be reduced by 50%. After the adoption was completed, the Father attempted to have his child support arrearage reduced pursuant to this agreement, and the Court found that it had no authority to reduce this arrearage under the Law. This matter was appealed, and then brought before Supreme Court. The Supreme Court noted that this decision does not mean that a court MUST accept a parties’ agreement to reduce a prior arrearage, but that a court is not prohibited from doing so pursuant to the Law. As in this case, this issue is particularly relevant where one party is willing to sign away their legal rights in order to be released from future, and possibly past child support obligations. Free Consultation with a Utah Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Change of Circumstances and Grandparent Custody Child Sexual Abuse Investigation Contracts and the Roles They Play in Business Fundamental Documents in a Divorce Case via Michael Anderson http://www.ascentlawfirm.com/financial-misconduct-in-utah-divorce-cases/ In rape and sexual abuse of child investigations, the detective will usually call the suspect to get her “side of the story.” After charges are filed, a defendant calls to ask me if the interview can be thrown out because the officer did not read her Miranda warnings. This is important for you to think about because as a child sexual abuse defense lawyer, you want to do everything you can to protect yourself before, during, and after the investigation phase. Most people, because of crime shows, are very familiar with the Miranda warnings. But most do not realize that an officer does not have to read a suspect her Miranda warnings unless she is in custody. So, if the officer is questioning the suspect at her home, it is not likely that the officer needs to give any Miranda warnings. If you are being questioned and are unsure if you are in custody or not, ask the officer if you are “free to leave.” If you are questioned without being Mirandized, but you were not in police custody, your interview is still admissible at trial. If a suspect is in the back of a police car or at the police station, she is in custody fo purposes of Miranda and the warnings must be given before an interrogation begins. If the officer fails to issue Miranda warnings, the interview will likely be tossed at a motion to suppress hearing, meaning the prosecutor cannot use the interview at trial. If, however, the defendant testifies at her trial and she says something different than she said in the police interview, the prosecutor will be allowed to use the interview to impeach her. By talking to police, a suspect is potentially compromising her case. Don’t talk to the police. The police are not your friend, even if they are acting like they are. The prosecutor won’t deal with your case more leniently if you talk, even though the police will tell you this. You can always talk later –with the assistance of an attorney– if there is something you’d like the prosecutor to know. If you are ever contacted by a detective for an interview, ask for a lawyer. The police have to stop questioning you until a lawyer is provided to you. Don’t compromise your rape or sexual abuse of a child case because of something you say. Rape And Child Sex Cases At The Investigation Phase In UtahBeing investigated for rape or sexual abuse of a child? Too many make the mistake of waiting to hiring a lawyer. This is the most critical portion of the case sometimes. Police officers often tell suspects they don’t need a lawyer and that telling their side of the story will curry favor with the prosecutor. Nothing could be further from the truth. Giving a statement to the police locks you into a specific defense if they case goes to trial. You provide the prosecutor ammunition on cross-examination if you have spoken before. If your testimony varies at all from your interview with the police, the prosecutor will impeach you with the prior interview and tell the jurors that you are lying. And, the inconsistencies don’t have to be on major points. Something that you may think is insignificant may become significant at trial. Make sure that you ask for an attorney before giving an interview. You have a right to remain silent and the prosecutor cannot use that silence against you, such as “John Doe must be guilty because he refused to tell us his side of the story.” That is improper. Once a rape or child investigation is completed, a warrant will go out and you could be picked up. A rape or sexual abuse of a child case is a high priority case for law enforcement and officers are going to focus on picking up these individuals once charges are filed. If you have an attorney, most times the detective will work with your attorney to do a surrender. Before going into court, the “wheels are greased” and a release or bail reduction is already worked out. Remember, it’s easier to stay out of jail than to get out of jail. Don’t make the mistake of waiting to call an attorney after the prosecutor decides to file charges. Hire a competent lawyer to help you through the process. Free Consultation with Child Sexual Abuse Defense LawyerWhen the police are coming after you for child sexual abuse or rape crimes, call us for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Change of Circumstances and Grandparent Custody via Michael Anderson http://www.ascentlawfirm.com/child-sexual-abuse-investigation/ The concept of “change of circumstances” is an important on in the context of child custody, but it’s complicated concept in family law. When a person wants to change the court’s custody orders, there has to be a change in circumstances. The first important question is “Whose circumstances have to have changed?” The answer to that depends on whether the order is a shared parenting decree (two residential parents), joint custody (one parent and one non-parent) or whether a person (or persons) have legal custody (aka residential parent or sole custody). In a nutshell, the question is “Shared Parenting, Joint Custody or Sole Custody?” When a person has sole custody of a child (aka “legal custody” or sole residential parent), then the change of circumstances must be a change in the circumstances of the child or legal custodian. It does not matter if the parent who has visitation only, (or has no visitation but simply retains his or her residual parental rights) has changed his or her circumstances, even if his or her circumstances have changed substantially. In Alexander v. Alexander, the court of appeals for found that the trial court did not abuse it’s discretion when it overruled the Mother’s Motion to Change Allocation of Parental Rights and Responsibilities regarding her three children. The children were in the custody of their paternal grandmother as a result of the agreement of the Mother and Father during their divorce. The Mother had visitation (parenting time). During the trial on the Mother’s Motion to Reallocate, Mother testified that she had been working for some time to make a more stable home for the children. Among other things, Mother testified that she was employed and had lived in her apartment for a year and a half. The trial court found that the change of circumstances must have occurred “in the circumstances of the child, the child’s residential parent, or either of the parents subject to a shared parenting decree“. In this case, the changes were in the Mother’s circumstances. In addition, the trial court found that the children have become more stable in the grandparents’ home, and so the “harm of a change in environment for the children outweighs any advantages that may have now arisen to justify a change.” Even if there HAS been a change in circumstances of the RIGHT person, the court should not change custody unless the change is in the child’s best interest AND one of the following is true: (i) The residential parent agrees to a change in the residential parent or both parents under a shared parenting decree agree to a change in the designation of residential parent. (ii) The child, with the consent of the residential parent or of both parents under a shared parenting decree, has been integrated into the family of the person seeking to become the residential parent. (iii) The harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child. Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
SEC Charges pastor with defrauding Retirees What is a Creditor’s Liability Under the FDCPA? How to handle being sued by a Debtor via Michael Anderson http://www.ascentlawfirm.com/change-of-circumstances-and-grandparent-custody/ |
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