Mother’s Rights in Utah – Although Utah is a seemingly conservative state, there are still some benefits available to mothers, whether single or married. It is important mothers seek legal representation from a qualified mother rights attorney with experience on important family law matters such as child custody, child visitation, child support, and so on. An experienced family law attorney can help you make an informed decision and seek the fair enforcement of your legal rights. Courts no longer favor mothers as they used to – While it is true mothers have been highly favored by the court system, there has been a recent shift in recent years. Now, fathers are also favored in child custody disputes. The courts take a look at both parents’ circumstances and determine whether they are equipped to raise the child. Joint custody also comes into play as it keeps the father equally involved in the child’s life. This approach can save the family, even when parents decide to file for divorce. So mothers must show that they are the most capable parent with the help of an experienced mother rights attorney otherwise they may not be able to claim their rights. Establishing paternity is a necessityIf you are a single mom, you probably wish to collect child support so your children can have a decent life. But in order to do so, you must first file a court petition. Then, you can determine who the biological father through a simple blood test is. As long as you have sufficient prove that he is the father, you can request child support and the court should grant it. This is the best approach to establishing paternity otherwise there is no legal proof of paternity or a way to enforce child support when needed. Unmarried Parents and Child Custody in UtahEven though children born outside of marriage and births to unmarried parents no longer raises eyebrows in Utah, having a child with a person you are not married to does create quite a few legal challenges that must be taken into account. Establishing paternity is vitalIf a child is born to an unmarried couple, a father can be legally named as the father of the child only after establishing paternity. The mother of the child born to a man outside of marriage will not be able to request a child support order until paternity has been legally established. The child whose paternity has not been established and documented will have no legal claim on his or her father’s inheritance rights or financial benefits. If paternity of the child is not disputed or questioned, the father can gain rights to his child by signing a Voluntary Declaration of Paternity in Salt Lake City Utah. This form is usually offered to the father after the baby is born in the hospital. This is a voluntary way of establishing paternity in Utah and does not require the man to take a paternity test. If the mother or father have doubts over the paternity of their child or anyone contests paternity, the man who is thought to be or claims to be the father must take a paternity test. If the child’s biological connection is linked to the man, paternity will be legally established. Unmarried mother has the natural (primary) right to custodyOne of the biggest legal challenges faced by the father of the child whose paternity has not been established is that he may not be able to gain custody rights. Under federal and state laws in Utah, when the child is born to unmarried parents, the mother will gain the natural or primary right to custody. The father whose name was not included on the birth certificate, meanwhile, has no right to custody until paternity is legally established. In case any legal action arises between the unmarried parents – be it child custody, parent visitation, or other – the father of the child will have no legal claim whatsoever in courts unless paternity has been established at or after birth. Father gains primary custody of a child if the unmarried mother abandons, neglects or abuses her child or if her parental rights are legally disputed, the father can gain primary custody of that child only if paternity has been legally established. The mother, meanwhile, will have her custody rights removed if the court proves any of the above-mentioned wrongdoings to be true. If no father has established paternity, the child will be placed in foster case. As you can see, there are quite a few legal challenges that unmarried parents may face. If you have any questions about your custody rights as an unmarried parent, consult a Salt Lake City child custody attorney right away. Mothers Rights Divorce LawyerHistorically, mother’s in the state of Utah have been favored by the courts when it comes to disputes over child custody. However, these days the courts review the merits of both parents in their ability to care for and raise their children. In an effort to maintain a strong paternal presence, joint custody has become a common agreement among divorced parents in The Beehive State. Mothers Rights during a DivorceIt is important to establish what is in the best interest of your children during and after your divorce and what parenting plan will work best for your situation to present to the court during the divorce proceedings. The court will evaluate both the mother and father to determine the child or children’s best interest for the following: • Child Custody – Utah courts presume that joint legal custody is in the child’s best interest. Primary custody is usually awarded to the child’s primary caretaker over the parent who is the primary financial provider. Importance of Establishing PaternityTo establish child support orders in Utah, an unmarried mother must first establish the child’s paternity. Under the Utah Administrative Procedures Act (UAPA), the Office of Recovery Services (ORS) has the authority to legally establish paternity to ensure parents are financially responsible for their children. What Are Your Legal Rights As A Mother?Mothers have certain legal rights when it comes to her children. During a divorce proceeding, it is important for mothers to obtain legal assistance when it comes to child custody, visitation, child support and other legal matters. Wall & Wall Attorneys at Law are experienced in representing mothers in family law issues, and will actively seek a fair enforcement of your rights in order to obtain a favorable result. Mothers Are No longer Favored… What Does That Mean For Mother’s Rights? Mother’s Rights In UtahWhen you need legal help with Utah Mothers Rights, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Utah Real Estate 57-1-11: Claimant Out Of Possession May Convey.Any person claiming title to any real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein in the same manner and with the same effect as if he were in the actual possession thereof. How to Acquire Property through Adverse PossessionIt is a cornerstone of American law that no one can take real property from you without paying you. However, the law of “adverse possession” is an exception. With adverse possession, someone gains title (ownership) to the real estate by continuously occupying it for a certain length of time. In order to acquire property using adverse possession, you need to treat the property as if you own it by making improvements to the property and, in some states, paying taxes. Occupying the Land• Occupy the land in a “hostile” fashion: Adverse possession requires that you make a “hostile” claim on the land. This means different things in different states. You continuously occupy the land. You can’t abandon the property and then return later. Each state has a time period for how long you must continuously occupy the land. Filing a Lawsuit in Court• Consult with a lawyer: Adverse possession claims are complicated. You really have only one shot of winning this kind of lawsuit. Once the owner is tipped off that you are trying to get the property, they will move to eject you. Accordingly, you should think about hiring a lawyer to represent you. He or she can tell you what kinds of evidence will be most persuasive. You can find a lawyer by contacting your local or state bar association and asking for a referral. • Title the document: You can title your complaint “Action to Quiet Title” or “Complaint to Quiet Title.” Insert the title right below the caption and make your title all caps, in bold. Add an introduction. Your introduction can briefly identify yourself and state why you are bringing this action • Listen to the defendant’s witnesses: The owner of the property also gets to put on a case. He or she could call witnesses who challenge your version of events. You will have a chance to cross-examine them. For example, the owner might have someone testify that you left the property for long periods of time. Real Estate AttorneyWhen you need help from a real estate attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 The post Utah Real Estate Code 57-1-11 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-real-estate-code-57-1-11/ We are hotel lawyers in Utah. If you own or manage a hotel or motel in Utah, call Ascent Law for Legal help. Hotel Lending Lawyer: What Every Hotel Lender Needs To Know About Hotel Franchise AgreementsHotel loan problems and hotel loan document issues are best dealt with at the loan origination. Do you know these fundamentals about your hotel loan documents dealing with hotel management agreements (HMAs) and hotel franchise agreements? There is a long list of things every hotel lender should take into account before making a loan so that it will be protected when a default occurs — much less a foreclosure. But few considerations are as important as dealing with issues raised by HMAs and hotel franchises. Lenders need hotel-specific experience not just real estate experience because, “You don’t know what you don’t know.” And what you don’t know can cost you a bundle. Because a hotel’s operating business is inextricably intertwined with single-purpose real estate, the borrower’s financial obligations are exceedingly complex. Why hotel loans are different than other real estate loansHotel lending involves more lending to an operating business than lending to an owner of most types of commercial real property. Unlike typical real estate, hotel revenues are cyclical and not fixed. In fact, hotel revenues change daily. (That can be good news, as hotels can be a solid inflation hedge.) An experienced hotel lender will structure its loan with hotel-related loan covenants consistent with the hotel’s operating results, so that loan payments will more closely match the fluctuating and cyclical nature of hotel revenues. Further, because the hotel is an operating business, the hotel will succeed or fail by the actions and inactions of the hotel management team. Running a hotel is much more difficult than running a traditional real estate project. Because many lenders handle their hotel lending out of their real estate lending department, they often make the mistake of twisting their real estate secured loan documents to include hotel lending provisions. This is always a mistake. We have to remind these lenders that “You don’t know what you don’t know” when it comes to hotel lending. Hotel loans need to be in the hands of legal and business hotel specialists. Because the operating business of the hotel represents at least half the value of the hotel, the hotel lender has to be tuned into issues that arise in the running of the hotel. Such issues include hotel projected revenues and expenses, marketing, trade credit, capital and operating costs, revenue enhancement and cost containment, employment and unions, ADA compliance, labor and employment, branding, back-end systems, and so forth. Any good commercial real estate lender will plan for an exit strategy in the event the borrower should default. For the hotel lender, this means it must be prepared to own and run a hotel. Hotel management and branding are keys to a successful hotel. The hotel lender has to understand thoroughly the hotel management and franchise arrangements. An experienced hotel lender will be well aware that the hotel and franchise agreements carry significant obligations, burdens and requirements on the hotel owner’s part. The hotel lender must confirm that the hotel owner has the financial resources and experience to comply with them. The hotel lender also needs to understand the other costs associated with the hotel management and franchise agreements, how these issues impact the value of its collateral, and how these agreements impact its rights and remedies as a hotel lender. For example, such arrangements will have a significant cost structure, including a requirement that the hotel owner pay a variety of fees beyond the base fee, such as incentive fees, marketing fees, centralized system fees, consulting fees, and so forth. This fee structure can often be three or four times the base fee amount. This is why the hotel lender needs to take a systematic approach to reviewing the hotel and the hotel operating documents. Buying a Hotel and Financing Hotel PurchaseBuying hotels is in vogue right now. But financing hotel purchases has some twists every borrower should understand. The industry fundamentals continue to go from good to better, and values are increasingly favorable compared to alternative investments. Many think that this is the time to jump in, before it is too late. Most hotel buyers will want financing. Some of the big REITs or other cash rich players will buy for all cash and then find financing at their leisure. That gives them an advantage in bidding on hot properties. But most buyers will want financing to pay for their acquisition. Either way, there are some things your mother may not have told you, but as a buyer (and a borrower) in a hotel purchase, you really should know these 10 things that my partner, hotel lawyer Jeffrey Steiner, lays out for us in his article. The following are some special aspects of hotel lending for borrowers to be aware in negotiating hotel loans. Many of this matter are appropriately addressed at the term sheet or commitment stage, rather than leaving them to be negotiated in the loan documents. Franchise Agreements; Comfort Letters.A hotel franchise may be important in the lender’s underwriting of a hotel’s economic performance. Many contracts valuable to the real property collateral for a hotel loan, such as leases and management agreements, can be collaterally assigned to the lender and preserved after a mortgage foreclosure. However, major brand hotel franchise agreements typically are not assignable to hotel lenders and are not assumable by a foreclosure purchaser. Also, the hotel lender is exposed to the risk of a borrower default under the franchise agreement and its termination before the hotel lender is in a position to cure. In the absence of a separate agreement between the hotel lender and franchisor, the hotel lender faces the risk of franchise loss following a foreclosure or imposition of new franchise fees, property improvement requirements (known as a property improvement plan or program (PIP)), or more stringent franchise terms as a condition of franchise continuation. Comfort Letters. To improve the lender’s position, typically it will require the franchisor to enter into a separate agreement addressing lender cure and franchisor termination rights upon a borrower franchise agreement default and lender rights to continue the franchise after a foreclosure. This agreement is known as a “comfort letter.” Typical terms of a comfort letter. The following are some typical terms of a comfort letter: • Franchisor default notice to the lender and lender cure rights, including time extensions (such as 120 days) for the lender to gain access to the hotel through a receiver or by completing a foreclosure before the franchise rights are terminated; • the lender’s right to obtain a new franchise agreement following foreclosure without having to pay a full franchise application fee or complete a PIP, or continue the existing franchise agreement for a limited period while the lender decides whether to continue it on a longer term basis or permit a purchaser from the lender to make that decision without the lender incurring franchise termination fees; • the lender’s right to transfer the franchise agreement post-foreclosure to a hotel purchaser and be relieved of future liability under the franchise agreement; • the lender’s rights to transfer the comfort letter benefits to its successor, if it sells the hotel loan. The hotel lender will require a borrower covenant to perform its obligations under the franchise agreement and not amend or terminate the franchise agreement without the lender’s consent. The borrower should negotiate for exceptions to the restrictions on amendments for minor changes and modifications not detrimental to the lender’s interests, such as a franchise fee reduction or term extension. Also, the loan documents should detail the time the lender has to respond as to whether proposed amendments are approved and what happens if the lender does not respond on a timely basis. Hotel Management Agreement; SNDAsThe hotel lender will typically also require the assignment of any hotel management agreement to it as additional loan security. If the hotel manager is a borrower affiliate, the hotel management agreement, or at least the manager’s right to fee payments, will have to be subordinated to the hotel loan payments. The borrower will be restricted from amending or terminating the hotel management agreement without the lender’s consent. The borrower may want to negotiate for rights to terminate for a manager default or performance test failure, or to make modifications that are minor or not detrimental to the lender’s interests without having to obtain the lender’s consent, such as management fee reductions, or a term extension if the manager is not in default. Do’s and Don’ts for Distressed HotelsThe hotel lender may require the borrower to replace the hotel manager if there is a failure of financial covenants in the loan documents. The borrower should determine at the loan commitment stage what rights the lender will require to force the hotel manager termination. That way the borrower can evaluate whether it has those rights under the hotel management agreement or if the manager will modify the borrower rights to terminate to conform to the loan documents. Even if the borrower can terminate the hotel manager, the logistics of doing so while remaining in compliance with the loan document covenants may be difficult, unless the covenant terms are carefully negotiated in the loan documents. The loan documents will generally require that the hotel continuously be managed by a qualified hotel manager, while any new hotel manager and new hotel management agreement must be approved by the lender, which can take time. The borrower may be able to negotiate in the loan document a standard for new hotel manager qualification and permitted new hotel management agreement terms, so that the selecting an replacement manager selection process can be streamlined. For instance, if the hotel is branded, the franchisor may maintain a pre-approved management company list, and the lender may allow any franchisor-approved management company to be the manager. A hotel management agreement is a contract for services that binds the hotel owner, but not the hotel real property, as distinguished from a lease of hotel space, for instance, that creates a real property interest to which a future hotel owner’s rights will ordinarily be subject. A successor hotel owner, including a lender acquiring by foreclosure, is not typically bound by the hotel management agreement and may terminate the existing hotel manager without liability to it. Major hotel management companies entering into long term hotel management agreements may require that as a condition of the hotel owner obtaining a hotel loan, the general legal principles regarding hotel management agreement survival be reversed. This change is accomplished through a separate agreement of the lender to be bound by the hotel management agreement following a foreclosure, which is commonly known as a Subordination, Non-disturbance and Attornment Agreement (SNDA), a name taken from the real estate leasing world. Lenders also may have want an SNDA with the hotel manager confirming the subordination principle, providing for the lender to receive notices of default and cure rights before the hotel management agreement can be terminated, and imposing restrictions on amendments and terminations without lender consent. Hotel Cash ManagementA cash management mechanism is required in almost all major hotel loans, particularly for loans to be securitized. The cash management system ordinarily requires that hotel revenues be deposited directly into a bank deposit account sometimes referred to as a clearing account or lock box that is blocked to borrower withdrawals. The borrower is required to send payment direction letters to credit card processors and other major hotel revenue sources, such as travel agencies, group travel organizers, airlines, and retail tenants, requiring them to make payments into the clearing account. The next stage of the cash management system is more critical to the borrower in terms of its practical effects on day to day hotel operations. In the more restrictive version (sometimes known as a hard lock box or cash management arrangement), the clearing account receipts are swept periodically into a lender-controlled account for distribution to subaccounts, such as for debt service, property taxes, insurance premiums, capital reserves, and operating expenses or excess cash flow subaccount. The subaccounts are filled from the available cash in the clearing account in the priority set forth in the loan documents known as a “cash flow water fall.” In this arrangement, the amount payable for operating expenses may be based upon a lender approved annual operating budget, or the amount in the excess cash flow subaccount will be distributed to the borrower’s operating account for use to pay operating expenses instead of there being a specific allocation to an operating expense subaccount. The borrower’s right to the excess cash flow or operating expense payments may be suspended in the case of loan default. In the less restrictive system more favorable to the borrower (sometimes known as a soft lock box or cash management arrangement), the funds in the clearing account will automatically be distributed or swept to a borrower operating account for use by the borrower in its discretion, until the lender notifies the clearing account bank to cease the sweeps to the borrower operating account. The lender may terminate the sweeps to the borrowing operating account upon a loan default or other triggering events identified in the loan documents, such as a debt yield or debt service ratio test failure. When those sweeps terminate, the funds will be redirected to the cash collateral account and handled in a similar fashion as in the hard cash management system. In negotiating the cash management system details, the hotel owner should take into account the requirements of its hotel manager, which may want hotel revenues to flow through its cash management system, so it has control over the funds to pay hotel operating expenses for which the manager may have personal liability, such as employee wages and benefits. It is advisable for the hotel owner to build in flexibility to meet lender cash management requirements when it negotiates its hotel management agreement. PIP Reserve And Capital ReservesPIP Reserve. If the hotel financing is funding a branded hotel purchase, the franchisor may require a PIP to be completed following the closing the purchase and finance closing. A hotel lender will typically require that the borrower deposit funds needed to pay for the PIP (plus a contingency) in a pledged reserve account or in a “hold back” from the loan proceeds to be disbursed to pay costs as the work progresses or upon completion. Alternatively, the borrower may be able to negotiate to substitute a letter of credit for the reserve account. The lender may also require a completion guaranty from the borrower’s principals, or if the borrower has strong enough sponsorship, the lender may accept a parent completion guaranty in place of the reserve. The borrower should make sure the loan document terms for reserve disbursements are consistent with its cash flow requirements for funding the work, and the time schedule for progress payments to the borrower’s contractor. To allow the borrower to complete the PIP work in an orderly manner and in accordance with the franchisor’s time schedule, the borrower should negotiate for the Approval Mechanism to apply to lender approvals of plans, design changes, contractors, and applications for payment. Capital Reserve: The hotel lender will typically require that a capital reserve be funded periodically from hotel gross revenues, usually 4% of gross revenues, and deposited in a lender controlled account. The loan documents will address the permitted capital reserve uses, and the conditions upon reserve disbursements. If lender budget approval is required, the capital reserve use may be limited to projects identified in the budget, or else, the capital reserve funds may be available for any projects necessary to keep the hotel in the condition required by the loan agreement, franchise agreement, and hotel management agreement. The conditions upon disbursement may include lender approval of the contractors, plans for major projects, bonding requirements, invoices and lien releases in applications for payment, and title insurance endorsements. Borrower compliance with these requirements may be burdensome and expensive. Through negotiation, certain requirements may be eliminated or restricted only to projects costing above a minimum threshold. Exceptions to the requirement that capital expenses be on the approved budget may also be qualified for improvements to meet brand standards, improvements costing less than an agreed upon maximum, code-required improvements, and tenant improvements. The Approval Mechanism should also be applicable to lender decisions concerning capital reserve use. Motel Annual Operating BudgetsThe degree to which a hotel lender will require control over the hotel’s annual operating budget will depend in part upon the level of cash management control imposed. In those cases, whether at the loan inception or following a triggering event, where the disbursements to the borrower to pay operating expenses are subject to lender control, it follows that the lender will have to approve the annual operating budget. Where the cash management controls are not as strict, the hotel lender may be willing to forego budget approval, particularly for lower loan-to-value ratio loans. Also, if the annual operating budgets are being prepared by a major hotel management company, the hotel lender may be willing to eliminate budget approval as long as that management company operates the hotel. In any case where lender approval is required, the borrower should negotiate for coordination of the lender approval process with the time schedule for budget delivery and approval in the hotel management agreement. Provisions addressing the temporary budget to be used if the final annual operating budget has not been approved in time, and dispute resolution provisions in the hotel management agreement, also need to be consistent with the loan documents. Finally, having the Approval Mechanism apply to the lender-budget approval is an important part of the coordination effort. Hotel Lawyer In UtahWhen you need a hotel lawyer, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Foreclosure Lawyer Spanish Fork Utah The post Hotel Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/hotel-lawyer/ Custody of children in case of separation or divorce–Custody considerationChild custody issues arise in divorce, legal separation, protective orders, child abuse cases, and paternity cases. Two types of child custody must be considered: legal custody and physical custody. Legal custody has to do with a parent’s rights, privileges, duties, and powers, regarding a child, including authority to make decisions. Physical custody has to do with where the child will live. The trial court has broad discretion to determine custody. Child CustodyIn cases where the parties are separated or where a marriage is declared void or dissolved the court shall enter an order of custody and parent-time, and the court shall have continuing jurisdiction to modify the order. In making custody determinations, the court is to consider the best interests of the child, and may consider the following factors: Split custody means that each parent has physical custody of at least one of the children. Sole physical custody is where one parent has all the children residing with them and the other parent has some type of parent-time rights. A presumption favors natural parents and adoptive parents over nonparents. That presumption may be rebutted by evidence that: Joint Custody and Parenting PlansThe court may not order joint legal and/or joint physical custody unless one or both of the parents files a parenting plan and the court determines it is in the best interests of the child. A parenting plan is a plan for parenting a child, including allocation of parenting functions such as maintaining a loving relationship, attending to daily needs, education, assisting with interpersonal relationships, exercising appropriate judgment, and financial support. Any party seeking a shared parenting arrangement, such as joint custody, is to file and serve a proposed parenting plan when they file their petition, answer, or counterclaim. A party that files a proposed parenting plan, as required, may move the court for an order of default to adopt the plan if the other party fails to file a proposed parenting plan. The parenting plan must include provisions concerning future dispute resolution, allocation of decision-making authority, residential arrangements, and provisions addressing notice and parent-time responsibilities in the event of the relocation of either party. Either parent may make emergency decisions affecting the health or safety of the child. Each parent is allowed to make decisions regarding the day-to-day care and control of the child during times that the child is residing with that parent. Other provisions may be included regarding the welfare of the child. In deciding whether or not to make an order of joint legal custody and/or joint physical custody, the court is to determine whether the best interest of the child will be served by such an order, considering the following factors: Custody EvaluationsA custody evaluation may be used to determine which parent should have custody. Custody evaluations must be done by a state licensed clinical social worker, psychologist, state licensed physician who is board certified in psychiatry, licensed marriage and family therapist, or clinical mental health counselor. Unless otherwise specified, custody evaluators must consider the factors set forth in Utah Code sections 30-3-10 and 30-3-10.2.71. The court orders performance of a custody evaluation, based on stipulation or motion. Although one factor in deciding custody is who can give personal rather than surrogate care, it would be an abuse of discretion to change custody because the mom now has to work full time and the dad has a new wife who can stay at home with the children. Another factor to consider is the identity of the children’s primary caretaker. If the court looks at who has been the primary caretaker, in determining who should get custody, they would look at such things as: preparation and planning of meals; bathing, grooming, and dressing; purchase, cleaning, and care of clothes; medical care; arranging social interactions; arranging alternative care, putting children to bed and attending to them at night; disciplining children; educating children; and teaching elementary skills. The district court is required to provide specific findings in custody cases. Gender-based preferences are no longer allowed in child custody cases because of article IV, section 1 of the Utah Constitution and the 14th amendment of the U.S. Constitution. Under appropriate circumstances, Utah Code Annotated section 30-3-40 allows noncustodial parents to provide care for their minor children during times when the custodial parent is away for military service. Can Children Express Preference in Utah Custody Proceedings?Overview of Custody Decisions in Utah When Will the Court Consider a Child’s Preference?Whether a Utah court will consider a child’s preference when deciding custody depends on the child’s age and maturity. Judges will give more weight to older children’s preferences (14 and older), and disregard the opinion of children under ten. Children between ten and 14 can have limited input on custody decisions. In one case, an 11-year old boy stated a preference to live with his father, but the judge specifically stated 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 more lax with discipline or gives them lavish gifts, the judge won’t give the child’s preference much weight. 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 a couple with children parts ways, the responsibility of taking care of the children rests on the shoulders of both parents. An important part of child custody is whom the children will live with and what visitation of the other parent will be like. If both parents cannot mutually agree on whom the child will live with, the court steps in place as a neutral arbiter. While there are no defined or set rules of which parent will automatically have the privilege of becoming the custodian, there are statutory factors that the court considers before awarding any decision regarding the minors. What Factors Can Affect Custody?While there is no set formula for what factors count and how much weight each has, there are some fundamental questions that the court will take into consideration when determining which parent should be awarded primary physical custody. Some of the factors the court may use for a custody determination include: Utah Child CustodyWhile custody cases are rarely cut and dried, there four primary categories that a child custody ruling could fall into. When making the decisions, the court is tasked with choosing a custody agreement that will serve the best interests of the children involved. Joint Legal Joint Physical CustodyThis type of custody is most common in child custody cases where both parents live in the same general area and are more common in cases of amicable divorce where both the parents want the children to reside with them. This type of custody involves parents sharing physical custody which means that each parent will have the children for at least 111 days each year. They will also share in the decision making process in regards to the children such as medical treatment, educational goals, and additional activities the children will participate in. Joint Legal Sole Physical CustodyIn this type of custody arrangement, both parents will be involved in making decisions in regards to any legal issue associated with the children such as educational and medical decisions. Unlike joint physical and legal custody, the children will reside with one primary parent on a full-time basis. The other parent will often receive a set visitation, or parent-time schedule to spend time with the children. This type of custody is more common when one or both parents work, when the parents live farther apart, or when the children would benefit from a more set daily schedule. Sole Legal Sole Physical CustodyIn sole custody arrangements, one parent will have the children living with them full-time or at least 255 overnights a year and the other parent will be entitled to visitation. Visitation is usually set to at least a minimum of 86 overnights per year. This usually includes a mix of weekends, holidays, and school breaks. With sole legal custody, the parent who was awarded sole physical custody will have the right to make all necessary decisions for the child on their own. While the primary parent does not have to seek consent for their decision from the non-custodial parent, they must share the information as the other parent has the right to know. This type of custody arrangement is not very often used and is primarily reserved for cases where one of the parents is perceived by the court as unfit or unable to care for the children. Split CustodySplit custody is an infrequent occurrence in the judicial system and occurs when two or more children in the household are split up between parents. In this situation, each parent would receive sole and physical custody of one of the children. This type of custody is used when the court deems that it is in the best interest of the children to live separately each with a different parent. These cases can occur in such instances as siblings that do not get along, a child who has a lot of anger against one parent, or a child who have mental health issues that make separation a better option. Free Initial Consultation with LawyerIt’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!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 The post Utah Divorce Code 30-3-10 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-10/ A lawyer is a representative of clients or a neutral third party, an officer of the legal system and a public citizen having special responsibility for the quality of justice. A lawyer may perform various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As intermediary between clients, a lawyer seeks to reconcile their divergent interests as an advisor and, to a limited extent, as a spokesperson for each client. As third party neutral, a lawyer represents neither party, but helps the parties arrive at their own solution. As evaluator, a lawyer examines a client’s legal affairs and reports about them to the client or to others. In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law. A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process. As a public citizen, a lawyer should seek improvement of the law, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients; employ that knowledge in reform of the law and work to strengthen legal education. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance, and should therefore devote professional time and civic influence in their behalf. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest. Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession, and to exemplify the legal profession’s ideals of public service. A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private. In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system and to the lawyer’s own interest in remaining an upright person while earning a satisfactory living. The Rules of Professional Conduct prescribe terms for resolving such conflicts. Within the framework of these Rules, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts. To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession’s independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice. The legal profession’s relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves. Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship. The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives; cast in the terms “shall” or “shall not.” These define proper conduct for purposes of professional discipline. Others, generally cast in the term “may,” are permissive and define areas under the Rules in which the lawyer has professional discretion. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer’s professional role. Many of the Comments use the term “should.” Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules. Furthermore, for purposes of determining the lawyer’s authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6 that may attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact. These Rules apply to all lawyers, whether practicing in the private or the public sector. However, under various legal provisions, including constitutional, statutory and common law, the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the Attorney General and the commonwealth attorneys in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients. They also may have authority to represent the “public interest” in circumstances where a private lawyer would not be authorized to do so. These Rules do not abrogate any such authority. Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer’s conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations. Violation of a Rule should not give rise to a cause of action nor should it create any presumption that a legal duty has been breached. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer’s self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Accordingly, nothing in the Rules should be deemed to augment any substantive legal duty of lawyers or the extra-disciplinary consequences of violating such a duty. Moreover, these Rules are not intended to govern or affect judicial application of either the attorney-client or work product privilege. Those privileges were developed to promote compliance with law and fairness in litigation. In reliance on the attorney-client privilege, clients are entitled to expect that communications within the scope of the privilege will be protected against compelled disclosure. The attorney-client privilege is that of the client and not of the lawyer. The fact that in exceptional situations the lawyer under the Rules has either a limited discretion or a limited obligation to disclose a client confidence does not vitiate the proposition that, as a general matter, the client has a reasonable expectation that information relating to the client will not be voluntarily disclosed and that disclosure of such information may be judicially compelled only in accordance with recognized exceptions to the attorney-client and work product privileges. The lawyer’s exercise of discretion not to disclose information under Rule 1.6 should not be subject to reexamination. Permitting such reexamination would be incompatible with the general policy of promoting compliance with law through assurances that communications will be protected against disclosure. The Preamble and this note on Scope provide general orientation. The text of each Rule and the following Terminology section are authoritative and the Comments accompanying each Rule are interpretive. • “Belief” or “believes” denotes that the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from circumstances. Assessing the CaseA criminal defense attorney’s role begins long before he sets foot in a courtroom for trial. He must have a firm understanding of every detail of his client’s case. Some large law firms have investigators on retainer to do the work of interviewing the state’s witnesses and potential witnesses for the accused. Other attorneys will do this work themselves, as well as analyze crime scenes and police reports. After all information is gathered, it’s the defense attorney’s job to determine his client’s odds of acquittal or conviction, and to begin planning how to best present the case to the court. It’s not unusual for the prosecutor the state’s lawyer to contact the defense attorney early on in a case and make an offer for a plea bargain. This typically involves the defendant pleading guilty, but to a lesser crime than the one the state has charged him with. In exchange, the state saves time and money because it does not have to go to trial. The defendant receives a lighter sentence. It’s the defense attorney’s role to determine if accepting the deal is in his client’s best interests, based on the investigation he’s already done. He might also negotiate with the prosecutor to try to get an even better deal. A public defender’s role is identical to that of a private defense attorney, but he may not always have the ability to devote the same extensive time to it as a lawyer practicing in the private sector. Public defenders are employed by the state to represent defendants who cannot afford to pay an attorney to defend their rights. At any given time, there may be many such defendants in the court system, and a public defender must divide his time and attention among all of those assigned to him. Civil AttorneysThe primary difference between a criminal defense attorney and a civil defense attorney is that the latter defends his client against charges leveled by someone other than the government. His client doesn’t face jail time or a criminal record, but rather the possibility of having to pay financial damages or restitution for wrongdoing, such as if he violated someone’s rights or broke the terms of a contract. In one respect, a civil defense attorney’s job is harder, however, at least at the trial stage. The state must prove criminal charges beyond any reasonable doubt. A civil litigant or his attorney only has to prove that there’s a probability the client committed the act he’s accused of. When you need a lawyer in 84058 zip codePlease call Ascent Law LLC 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
What Is Rule 506 Of Regulation D? Don’t Miss Your Visitation Time The post Best In 84058 Attorneys first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/best-in-84058-attorneys/ Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians. In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915. Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950. Foreclosure Law: What Banks Can and Can’t DoForeclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process. What Banks Can’t DoThe foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process. • In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states. • If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale. • The bank cannot kick you off of your property without first getting a court order and filing an eviction. • The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property. • The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. What Banks Can DoUnder foreclosure law, there are some things that the banks can do during the foreclosure process. • Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it. • Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage. • The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located. • The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant. Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state. Federal Foreclosure LawsWhile the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act. Dodd-Frank ActIn response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure. Soldier and Sailors Relief ActSigned in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service. Bankruptcy LawA bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court. Affidavits and Robo-signingIn the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost. Foreclosure by Power of SaleForeclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court. Foreclosure by Judicial SaleA foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more. State Foreclosure ResourcesA list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more. Wrongful ForeclosuresA wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action. Causes of ActionWrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: InjunctionAny time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm. Damages Available to BorrowerDamages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills. Why Do Wrongful Foreclosures Occur?Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate. ImpactThe wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments. Avoiding Wrongful Foreclosure ActionsThe best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action. Spanish Fork Foreclosure LawyerWhen you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC 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
What Is Rule 506 Of Regulation D? The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/ “Meth smoke is a heavy, sticky substance, much like nicotine.” “It gets on every surface and stays there forever, unless it’s properly cleaned.” The Fourth Amendment protects people against unlawful searches and seizures. Any evidence found during these unlawful searches is usually excluded from admission in a court case, and without that key evidence, charges are normally dismissed. If the hotel guest is lawfully in possession of the hotel room, meaning he checked in and the check-out time hasn’t passed, and he hasn’t been evicted, the guest has the right not to have his hotel room searched by anyone, including a maid or housekeeper. But what if the guest had been so loud that the hotel manager has told the guest he is in violation of clearly communicated hotel policy, and the guest is being kicked out of the hotel? That notice serves as an eviction, and the guest no longer has Fourth Amendment rights. The housekeeper can enter the room, and inform management of any drugs. Management can then contact the police, who will get a warrant, search the premises, obtain the guest’s contact information from the hotel registry, and potentially arrest the guest. What if the guest has checked out and accidentally left behind some drugs? What Is a Hotel Housekeeper Tattles Anyway?If a maid or housekeeper finds drugs in your hotel room, tells hotel management, who then tells hotel police, what can you do about it? The first thing to do is to clear your name of any drug charges by asserting your Fourth Amendment rights. But then what? Interestingly, though the police did violate your fourth amendment rights by entering your room, they will undoubtedly hide behind the rules of sovereign immunity to escape any consequences. However, the hotel also violated your constitutional rights, and therefore you do have a Civil Rights claim against the hotel, and the hotel chain. It was unlawful for them to provide the drug information and your name off of their registry. Sovereign immunity rarely extends to the hotel. And therefore, a guest whose Fourth Amendment rights were violated can file suit against the hotel, even for injuries sustained when the police arrested the guest. If you have been charged with a crime for drugs found in your hotel room, contact a local criminal defense attorney, who can review the facts of your case. You may be able to escape criminal charges, and maybe even recover money against the hotel. Crime Prevention in Overnight LodgingProstitution, drug activity, and other criminal behavior can harm a hotel or motel and damage the surrounding community. The information in this booklet will give you, the innkeeper, tools to help prevent illegal activity from occurring on your premises. Not all information provided will be appropriate for every lodging situation. What works for a twenty-room motel near a residential neighborhood may not be appropriate for a 200-room hotel in a downtown business district. Every innkeeper is encouraged to review all the material, then implement those approaches that could work at your establishment. Drug Activity, Prostitution, and the LawIf you allow your property to be used for prostitution, gambling, drug dealing, or drug manufacturing, you risk both financial judgments and the possibility of having the property closed for up to a year. The action may be brought by state or local attorneys, or by any person living or doing business in the same county. Why Prevention WorksIf you allow guests involved in illegal activity to rent your rooms, your property becomes more attractive to those who cause problems. As problem guests become regulars, good guests become scarce. The longer the cycle continues, the more expensive it is to stop. As the problem worsens, you may face the choice of turning away guests you depend on or facing expensive court costs and civil penalties. Innkeepers who practice effective crime prevention and work hard to attract good clientele experience just the opposite – as problem guests become scarce, desirable guests check in more often, vacancy rates go down, and profits go up. For these reasons prevention steps are both easier to carry out, and less expensive, than the steps required for crisis control. Commitment: The First StepWhile crime prevention techniques can be taught, the commitment to use them cannot. For some, applying suggestions from this booklet will come naturally. For others, there may be difficulty learning new habits. A few may even be reluctant to use the techniques out of a belief that without accepting some “bad” guests the business could not operate. However, experience has shown that even one bad guest can repel many good ones. Commitment pays off: any lodging that can survive with “bad” guests can thrive once improvements are made, over time attracting good clientele and prospering financially. While each of the ideas in this booklet can help, the most consistent factor in determining the effectiveness of any approach is your commitment to succeed. The key is in making the commitment to use the tools, and then assuring that all employees are ready to help carry them out. Many of the following steps make good sense for any establishment, while some may be appropriate for only those establishments with a history of problems. Nevertheless, don’t be afraid to take the steps you need to protect your property – if you do it in an accommodating manner, only dishonest people should object. Environmental DesignThe physical appearance of your hotel or motel can make a big difference to your ability to prevent illegal activity. Many of the elements that make your business attractive to desirable guests will also discourage problem guests. In general, any steps that show you care about the premises and watch for trouble will help. Visibility and AccessLet troublemakers know they will be seen: • Control traffic flow and access: If you are having a problem controlling access to the grounds around the building, consider blocking some parking exits, adding fencing, and rerouting traffic so all automobile and foot traffic – coming and going – must pass within view of the office. If more control is needed, issue parking permits to guests and registered visitors, dated for the length of stay. Post signs forbidding cars without permits to use the motel lot and be consistent in having violators towed away. Remember, it is your parking lot, not a public one. • Control and monitor building entrances: The fewer your building entrances, the easier they are to monitor. If your building has public hallways and common areas, channel guests through the fewest entry points possible. For required fire exits, make them “exit only” doors and consider converting them to alarm doors, suitable for emergency use only. Ideally, the entrances that remain should be visible from the office, or monitored by closed circuit TV as described in the following paragraph. • Install a video-monitoring system that, at minimum, covers the registration area: A monitoring system provides a video record if an incident should occur. It also acts as a deterrent – people contemplating illegal activity are less likely to use your premises if they know you have their picture. In addition, some innkeepers use video monitoring to look at potential guests before meeting them in the registration area – allowing time to observe obvious warning signs prior to discussing registration. Some add a sign near the monitor that states: “For your protection and ours, guest registrations may be videotaped.” Although video monitoring can be used to cover many parts of the property, at minimum monitor the registration desk and outdoor traffic passing by the office. If you have problem areas that are not monitored, have employees check them as often as every 15 minutes during hours when activity has typically occurred. While some large-scale monitoring installations can be expensive, there are many systems appropriate for the needs and price ranges of smaller businesses. Some systems you can even install yourself. Aggressive shopping – comparing products and prices – should get you the system you want. Appearance and MaintenanceA building that looks cared for will not only attract good customers – it will also discourage many who are involved in illegal activity. Any changes that help communicate “safe, quiet, & clean” may further protect the premises. Motel AdvertisingMarketing themes can enhance, or undermine, the lodging’s appeal. Evaluating the way you advertise the lodging is every bit as important as evaluating your standards for monitoring, access control, appearance, and maintenance. A motel may suffer from too few good customers because its advertising message is not effective, because the message is weak compared to the competition’s, or even because the message is attractive to those involved in illegal activity. Just as every aspect of your business’s appearance should communicate “clean, safe, and comfortable,” so should your advertising. Warning SignsAs you review the following list, keep in mind that many items are not significant unless seen in conjunction with others. • High visitor traffic – cars and pedestrians stopping for brief periods. May indicate a drug dealing operation. Free Initial Consultation with LawyerIt’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!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 The post Meth At Hotels first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/meth-at-hotels/ Regulation D (Reg D) is a Securities and Exchange Commission (SEC) regulation governing private placement exemptions. It should not be confused with Federal Reserve Board Regulation D, which limits withdrawals from savings accounts. Reg D offerings are advantageous to private companies or entrepreneurs that meet the requirements because funding can be obtained faster and at a lower cost than with a public offering. It is usually used by smaller companies. The regulation allows capital to be raised through the sale of equity or debt securities without the need to register those securities with the SEC. However, many other state and federal regulatory requirements still apply. Understanding SEC Regulation D (Reg D)Raising capital through a Reg D investment involves meeting significantly less onerous requirements than a public offering. That allows companies to save time and sells securities that they might not otherwise be able to issue in some cases. While Regulation D makes raising funds easier, buyers of these securities still enjoy the same legal protections as other investors. It is not necessary to keep Regulation D transactions a secret, even though they are private offerings. There are directives within the regulation that, depending on which rules are applied, may allow offerings to be openly solicited to prospective investors in a company’s network. Requirements of SEC Regulation DEven if the Reg D transaction involves just one or two investors, the company or entrepreneur must still provide the proper framework and disclosure documentation. A document known as Form D must be filed electronically with the SEC after the first securities are sold. Form D, however, contains far less information than the exhaustive documentation required for a public offering. The form requires the names and addresses of the company’s executives and directors. It also requires some essential details regarding the offering. The issuer of a security offered under Reg D must also provide written disclosures of any prior “bad actor” events, such as criminal convictions, within a reasonable time frame before the sale. Without this requirement, the company might be free to claim it was unaware of the checkered past of its employees. In that case, it would be less accountable for any further “bad acts” they might commit in association with the Reg D offering. According to rules published in the Federal Register, transactions that fall under Reg D are not exempt from antifraud, civil liability, or other provisions of federal securities laws. Reg D also does not eliminate the need for compliance with applicable state laws relating to the offer and sale of securities. State regulations, where Reg D has been adopted, may include disclosure of any notices of sale to be filed. They may require the names of individuals who receive compensation in connection with the sale of securities. Limitations of SEC Regulation D (Reg D)The benefits of Reg D are only available to the issuer of the securities, not to affiliates of the issuer or to any other individual who might later resell them. What is more, the regulatory exemptions offered under Reg D only apply to the transactions, not to the securities themselves. Rule 506 of Regulation D provides two distinct exemptions from registration for companies when they offer and sell securities. Companies relying on the Rule 506 exemptions can raise an unlimited amount of money. Under Rule 506(b), a “safe harbor” under Section 4(a)(2) of the Securities Act, a company can be assured it is within the Section 4(a)(2) exemption by satisfying certain requirements, including the following: • The company cannot use general solicitation or advertising to market the securities. • The company may sell its securities to an unlimited number of “accredited investors” and up to 35 other purchasers. All non-accredited investors, either alone or with a purchaser representative, must be sophisticated—that is, they must have sufficient knowledge and experience in financial and business matters to make them capable of evaluating the merits and risks of the prospective investment. • Companies must decide what information to give to accredited investors, so long as it does not violate the antifraud prohibitions of the federal securities laws. This means that any information a company provides to investors must be free from false or misleading statements. Similarly, a company should not exclude any information if the omission makes what is provided to investors false or misleading. Companies must give non-accredited investors disclosure documents that are generally the same as those used in Regulation A or registered offerings, including financial statements, which in some cases may need to be certified or audited by an accountant. If a company provides information to accredited investors, it must make this information available to non-accredited investors as well. • The company must be available to answer questions by prospective purchasers. Under Rule 506(c), a company can broadly solicit and generally advertise the offering and still be deemed to be in compliance with the exemption’s requirements if: • The investors in the offering are all accredited investors; and • The company takes reasonable steps to verify that the investors are accredited investors, which could include reviewing documentation, such as W-2s, tax returns, bank and brokerage statements, credit reports and the like. Private placements – Rule 506(b)Section 4(a)(2) of the Securities Act exempts from registration transactions by an issuer not involving any public offering. The Most Common Exemption–Regulation D Rule 506Regulation D contains safe harbors that provide exemptions from federal registration. These include exemptions under Rules 504, Rule 505, and Rule 506. Rule 506 is the most commonly relied upon exemption in private offerings (accounting for more than 90% of offerings, according to SEC statistics). Rule 506 ExemptionRule 506 is governed by Section 4(a)(2) of the Securities Act of 1933 (the “Securities Act”). It permits a company to offer securities to an unlimited number of accredited investors and up to 35 non-accredited investors. Rule 506 offers many advantages to the other Regulation D exemptions. Federal Preemption Over State LawRule 506 is unique among the Regulation D exemptions, in that with a properly prepared Regulation D offering, there is no need to register at the state level or find any state exemption. Congress has specifically preempted states’ authority to review securities exempted under Rule 506 or impose additional requirements through the National Securities Markets Improvement Act of 1996 (“NSMIA”). The NSMIA effectively took from the states their power to review an offering under Rule 506. States may only require that issuers submit a notice filing with the state and impose filing fees, typically between $200 – $700 per state. Reduced Risk Of Losing The ExemptionAdditionally, if an offering made under Rule 506 is made to only accredited investors, the company making the offering will not lose its exemption from failure to make any prescribed disclosures. A private placement memorandum should be drafted carefully to protect the company from violations of the “anti-fraud” provisions under the Securities Act and the Exchange Act as well as state securities laws. AdvertisingIn 2013 the SEC adopted final rules lifting the ban on general solicitation and advertising under Rule 506 for offerings in which the issuers took reasonable steps to verify that all purchasers of its securities qualified as accredited investors. This is now known as Rule 506(c), while non-advertised offerings are designated as Rule 506(b) offerings. Allowing advertisement in exempt private offerings is a major shift in the regulatory system, and presents opportunities to issuers never before available. However, the new regulations (as well as additional proposed regulations) will require additional burdens on issuers, which should be carefully considered. See our article: SEC Adopts JOBS Act Lifting Ban on Advertising for Private Placements for additional information. In addition to Regulation D Rule 506, there are a number of less commonly used federal exemptions, including Regulation D Rule 504 and Rule 505, the SCOR offering and the Rule 147 Intrastate Offering Exemption. These offerings are used when an issuer has unique needs not met by Rule 506 (such as insufficient access to accredited investors). State ExemptionsIn addition to the federal exemptions, state securities laws, also known as blue sky laws, require issuers to either register their securities or find an applicable exemption. States may not impose additional registration requirements with respect to an offering relying on Rule 506 for federal and state exemption (other than to require a Form D filing). Some states have additional available exemptions that issuers can utilize. Which transactions are limited under Reg D?These kinds of transactions in savings or money market accounts fall under the rule: Recent PostsWhen you need legal help with Securities Law in Utah, please call Ascent Law LLC 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
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Foreclosure Lawyer Bountiful Utah Resolving Your Child Custody Case The post What Is Rule 506 Of Regulation D? first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/what-is-rule-506-of-regulation-d/ Legal custody of a child means one parent has the right to make all decisions concerning their child’s upbringing. Joint legal custody means both parents have an equal, legal right when making decisions concerning their child’s upbringing. Children generally do better if both parents are significantly involved in their lives. If you and the other parent can make joint physical custody work, it will benefit your child. If you have legal custody of your child, you can make all decisions regarding issues such as schooling, religion, medical care, and housing. With legal custody, you do not have to take into consideration the wishes or opinions of the other parent regarding your child’s upbringing. The term “custody” refers to the legal and physical custody of a child. Legal custody is the authority to make decisions for and on a child. Joint Legal CustodyJoint legal custody (also called shared legal custody, shared parental responsibility, etc.) is when parents share that authority. The alternative is sole legal custody, where one parent has full responsibility to make major decisions for the child. You need to specify in your parenting plan which legal custody option your family will use. This determines who makes decisions about your children’s education, medical care, religion and more. Basics of joint legal custodyYou can have joint legal custody with sole physical custody or joint physical custody, which determine who your child lives with. Joint legal custody is a way to give both parents a say in their child’s upbringing. It is meant for cases in which both parents are able and available to make important decisions. In many states, it is the default option or is at least preferred over sole legal custody. In these states, sole legal custody is awarded when joint legal custody isn’t in the best interest of the child. How joint legal custody is sharedThere are many ways parents can share legal custody. Your court may let you decide the specifics, or it may use one of the arrangements below (or a variation) as standard. Option 1: Parents collaborate on all decisions, whenever feasible. For example, the parents decide together what school their child will attend and whether the child will go on a field trip. Option 2: Each parent makes decisions for the child when the parent has physical custody. For example, if a teenage daughter asks about birth control while with one parent, that parent can decide whether to take her to a doctor. Option 3: The parents make big decisions together, and each makes smaller decisions individually when he or she has physical custody of the child. For example, the parents decide together what school their child attends; if the child has a field trip, the parent who has physical custody during that time decides if he or she should go. Option 4: Each parent has authority over certain types of decisions. For example, the mother has the authority to make decisions about school, and the father has authority to make decisions about religion. Advantages of joint legal custodyWhen parents work together to make key decisions for their child, the child ultimately benefits. Continual communication among the child and his or her parents helps prevent isolation and other psychological issues that could stem from a feeling of loss following a divorce or separation. This allows a child to feel loved by both parents and important to them. Children who see their parents interact positively, as joint legal custody requires, learn to compromise and work through disagreements. A child is more likely to have a healthy self-esteem if his or her parents are able to collaborate. Sharing legal custody can also alleviate the burdens of parenting. Having the other parent’s input in difficult decisions can be welcome. Drawbacks of joint legal custodyIf you know that you and the other parent would not be able to share responsibilities regarding your child, joint legal custody is not for you. For some separated and divorced partners, an acrimonious relationship makes collaborating or even communicating with one another difficult. Family tension can hinder a parent’s ability to make decisions in the best interest of their child. Another thing to consider are the sacrifices joint legal custody can require. For example, you may want to limit your job search to areas near your child to make joint decision-making easier. When joint legal custody works bestJoint legal custody works well when: Joint physical custody can work with almost any parenting time schedule. If your child needs to live primarily with one parent, you can give more time to the other parent with midweek visits, extended weekends, longer holiday breaks, and school break visits. The other parent can also have contact with the child through phone calls, email, texting, attending the child’s events and activities, etc. When parents share fundamental values, it’s easier for them to make effective decisions regarding their child’s school, extracurricular and religious arrangements. Co-parenting is less likely to be conflictive when parents are on roughly the same page regarding their children. Common joint physical custody schedulesIf you have joint physical custody, you need to make a parenting time schedule that shows when your child spends time with each parent. • Alternating weeks schedule when the child lives with one parent for one week and the other parent the next week You can always add midweek or overnight visits during the week to make the schedule better suited for your situation. You may want to use a visitation timeshare calculator when you make your schedule to ensure that both parents have substantial time with the children. State preferences for joint physical custodyMany states have laws that give preference for joint physical custody. Courts in these states will order joint physical custody as the default unless a parent can prove that it would be harmful to the child. Look at your state custody guidelines to find out what your court prefers. Some states require that both parents have a minimum amount of time with the child in order for the arrangement to be labeled joint physical custody. Other states simply require both parents to have substantial and frequent contact with the child. Traditionally, there are two types of custody in family law matters – legal custody and physical custody (also known as parenting time in some jurisdictions). Both types of custody can be established as sole or joint custody. While much attention is given to determination of physical custody (where the child will reside, when and with whom), legal custody is vitally important and has the potential to cause future problems in high conflict cases. Sharing Major DecisionsLegal custody gives you the right to make the major decisions that will affect your child’s life. Joint legal custody is a situation in which both parents share responsibility for those major decisions. These might include decisions about education, health and dental care, emergency care, religious practices, extracurricular activities, and more. Family law courts determine custody (both physical and legal) based upon the best interests of the child. Most courts will presume that both parents are willing and capable of working together to make major decisions for their child’s health, education and welfare. If one party or the other would rather have sole legal custody (sole decision-making authority), the onus will be on that party to demonstrate to the court the reasons that sole legal custody would be in the best interests of the child. Parents with joint legal custody do not necessarily need to be friendly but should be able to set aside their differences to make good decisions for their child. If parents have an extraordinarily high level of conflict or refuse to communicate with one another, the court may award sole legal custody to one parent (but may still require consultation with the other parent before making a major decision). If abuse, neglect, or violence involving the child or spouse has occurred, courts are unlikely to award joint legal custody. Day-to-Day DecisionsEven in situations of joint legal custody, day-to-day decisions will be made by the parent with whom the children are at the time the decision is to be made. For example, a father with weekend visitation can decide what the children will eat and wear during that weekend. Both parents should be able to make emergency medical decisions for the child without consulting with the other parent if time and medical needs require immediate decisions. (The other parent should be notified of the medical situation as soon as practical.) Inability to AgreeIf one parent excludes the other from the decision-making process in a joint legal custody arrangement, the other parent can file a motion to enforce, a motion for contempt and/or a motion to modify custody based upon the refusal to abide by the custody order. In the event that parents with joint legal custody cannot agree on a major decision involving their child’s health, education or welfare, they can seek the assistance of a mediator – a neutral third-party who will help the parties reach an appropriate compromise or decision. In some jurisdictions, the parties may ask the judge to enter his or her order regarding the disputed issue after hearing evidence and argument. This can be extremely time-consuming and expensive however. In order to avoid those costs, the court may appoint a special master or arbitrator to hear the matter. Other jurisdictions might appoint a case manager to handle or decided day-to-day disagreements in high conflict cases. Specificity in Parenting AgreementCourt orders of joint legal custody are generally fairly broadly written, referencing the vague notion of the child’s “health, education and welfare” or some similar language. Parties can use parenting or settlement agreements to attain more specificity in the responsibilities attendant to joint legal custody. Some of the issues which might be covered are the requirement to notify the other parent of non-emergency medical care; of the identity of the child’s teachers, day care providers, and health care providers; and of any school, church or extracurricular activities to which parents are invited. Parents are urged to approach the major decisions affecting their child’s life with the child’s best interests in mind – and not whether mom or dad “wins” a disagreement. The most successful joint legal custody situations do not require overly friendly exes – just mature parents who put their child’s needs first. Joint Vs Sole CustodyDuring the divorce process, many Utah parents wonder how their decision to end their marriage will impact the relationships they have with their children. In order to protect their children’s well-being, parents will either be awarded joint or sole custody once their divorce is finalized. Sole custodyIn sole custody arrangements, according to the American Bar Association, one parent is responsible for taking care of his or her children the majority of the time. This parent is also responsible for making major decisions about his or her children. However, when sole custody is awarded, the noncustodial parent is almost always given visitation rights. When this occurs, this parent may be able to care for his or her children on overnight visits or during vacation periods. Joint custodyWhen a joint custody arrangement is awarded, parents may either be given joint legal custody of their children, joint physical custody of their children or both. According to the Utah Courts, parents who have joint legal custody of their children have the authority to make major decisions about them. For example, in these situations, both parents have the right to determine what religion, if any, their children will participate in, where they will go to school and what type of medical care they will receive. Comparatively, joint physical custody means that the children spend at least 111 nights in the homes of each of their parents every year, states the Utah Courts. In these situations, it is usually best if the divorced parents are able to live near each other. Factors the court considersIf parents devise a custody agreement with their ex-spouse and the court determines that it reflects the children’s best interests, this arrangement will be legally granted. However, if parents cannot come to an agreement, the decision of what type of custody will be awarded is left up to the court, states the Utah Courts. When determining what the children’s best interests are, the court will consider a number of different factors. These include some of the following: Joint Legal and Sole Physical CustodyThe court system offers parents a number of options for custody arraignments. Each one comes with different rules and rights, though. The critical nature of court-assigned custody means it is in the child’s best interest if both parents consult attorneys to work out an agreement that suits the current situation. Our experienced attorneys at Wall & Wall Legal Solutions can help you every step of the way. In general, family courts see the benefit in a co-parenting scenario – one that gives both parents an active role in the child’s life once the divorce is finalized. The exception is if contact with one or both parents puts the child in danger – emotional or physical. As a parent, it’s important to develop an understanding of the varying degrees of custody, so you know your rights. What is the Difference between Legal and Physical Custody?The biggest difference is found in the decision-making process. A parent with legal custody is in charge of making all important decisions for the well being of the child. Physical custody, on the other hand, involves the place of residence or where the child lives most of the time. What Does Joint Legal Entail?The state of Utah defines joint legal custody as allowing both parents: What Does Sole Physical Entail?Under the law, sole physical custody means that a child lives with the custodial parent most of the time – specifically 255 or more nights a year. The non-custodial parents still have the right to standard visitation, usually about 86 overnight visits broken up in various ways, such as: Utah Divorce AttorneyWhen you need legal help with a divorce in Utah, please call Ascent Law LLC 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 The post Utah Divorce Code 30-3-10.1 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-1/ Bountiful is a city in Davis County, Utah, United States. As of the 2010 census, the city population was 42,552, a three percent increase over the 2000 figure of 41,301. The city grew rapidly during the suburb growth of the late 1940s, 1950s, and 1960s and was Davis County’s largest city until 1985 when it was surpassed by Layton. Bountiful is Utah’s 15th largest city. Although a part of the Ogden-Clearfield Metropolitan Statistical Area, it serves as a bedroom community to Salt Lake City and the surrounding area. However, due to the very narrow entrance into Salt Lake County, roads between the counties often reach near-gridlock traffic during rush hour. The Front Runner commuter rail has been running since April 2008, and the Legacy Parkway was opened on September 13, 2008. These were built to help alleviate the traffic load on Interstate 15 through the Bountiful area. Bountiful is a suburb of Salt Lake City with a population of 43,792. Bountiful is in Davis County and is one of the best places to live in Utah. Living in Bountiful offers residents a sparse suburban feel and most residents own their homes. In Bountiful there are a lot of parks. Many families and young professionals live in Bountiful and residents tend to be conservative. The public schools in Bountiful are highly rated. The median home value in Bountiful is $257,300, and the average rent is $917. The average household income is $65,716, and most people have at least an associates degree. There are so many things to do here and great people to see. Overall, it’s a good place to live. Neighborhoods in BountifulNowadays, when you move, you have to choose the city within the city. Each city has different neighborhoods and boroughs that are significantly different from one another. You need to choose which one attracts you the most. Making this choice is never easy, so we’d recommend walking through the neighborhood. If it is summer, this is more effective because the chances of neighbor interactions go up. What you want is the opportunity to get to know some of the people where you are thinking of living. You are not looking to discriminate. Instead, look for signs of the culture of the neighborhood. If you see many kids running from yard to yard playing, you’ll know that the children are free to roam. This is generally a good sign. If you see lots of boarded up windows, you’ll know that maybe you want to move somewhere else. Here are a few of the neighborhoods in Bountiful. Bountiful Crime RatesThese are the skeletons in the closet of cities. It’s something nobody wants to know while they live in an area, but before they move in, they want to know everything there is to know. It’s a good thing to understand. Here are some of the most important facts about Bountiful. Bountiful has an A rating when it comes to crime (that means that there is comparatively little crime). In 2017 there was only 1 murder, 19 counts of rape, 2 robberies, 24 counts of assault, 83 burglaries, 602 thefts, and 59 vehicle thefts. Here, the overall crime rate is 37% less than the national average. It’s also safer than 67% of the cities in the United States. That’s pretty good. Crime isn’t the only thing to worry about in a city. It’s also a good idea to get a reading of the best ways to volunteer and get involved. Utah, in general, has many great ways to serve and give back to the community. Bountiful is no exception. There are so many ways to just help. Let me tell you, giving back is probably the most fulfilling thing there is to do. Service Organizations: Bountiful Schools & StatsWhen moving, one of the most important things to consider is the school system. In many cases, the experience children have in elementary severely affects their perceptions about junior high and then high school. This then can affect the trajectory of their life. Of course schooling does not determine the success of an individual’s life, but choosing good schools that offer great opportunities can definitely help. Set up your children right. Put them on a bright path that leads to where they eventually want to go. Most schools try to paint themselves a good portrait. Most of the time, things are never as shiny as they appear on the outside. This is advice coming from the son of two educators who have taught for a collective twenty years. Choosing the right school matters. The school district that services Bountiful is the Davis County School district. It has a wide range of schools including: Bountiful Cost of LivingWhen you move somewhere, you always need to consider the cost of living. California is a very nice place to live, but the cost of living is larger than the national average. Nowhere, Oklahoma however is comparatively cheaper. Bountiful has a rate of 106 which is two lower than Salt Lake City. Considering both cities are so close, the former is probably a great option for people who need to commute into the big city for work but prefer the suburban life. Hopefully the discounted cost of living translates to more fun. Bountiful has an unemployment rate of 4% compared to the national average of 5%. That’s pretty good. The job growth rate predicted for the next 10 years is 41%, which is better than the nation’s average, 38%. Overall, the future looks promising. Commuting Times Tips to Avoid Foreclosure in Bountiful UtahIf you fail to make your home mortgage payments, foreclosure may occur. Foreclosure is the legal means that your lender can use to repossess (take over) your home. When this happens, you must move out of your house. If your property is worth less than the total amount you owe on your mortgage loan, a deficiency judgment could be pursued. If that happens, you not only lose your home, you also would owe your lender an additional amount. Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future. Below are some tips on avoiding foreclosure. Don’t Ignore The ForeclosureThe further behind you become, the harder it will be to reinstate your loan and the more likely that you will lose your house. Open And Respond To All Mail From Your LenderThe first notices you receive will offer good information about foreclosure prevention options that can help you weather financial problems. Later mail may include important notice of pending legal action. Your failure to open the mail will not be an excuse in foreclosure court. Know Your Mortgage RightsFind your loan documents and read them so you know what your lender may do if you can’t make your payments. Learn about the foreclosure laws and timeframes in your state (as every state is different) by contacting the Understand Foreclosure Prevention Options. Contact A HUD-Approved Housing CounselorThe U.S. Department of Housing and Urban Development (HUD) funds free or very low cost housing counseling nationwide. Housing counselors can help you understand the law and your options, organize your finances and represent you in negotiations with your lender if you need this assistance. Find a HUD-approved housing counselor near you. Prioritize Your SpendingAfter healthcare, keeping your house should be your first priority. Review your finances and see where you can cut spending in order to make your mortgage payment. Look for optional expenses-cable TV, memberships, entertainment-that you can eliminate. Delay payments on credit cards and other “unsecured” debt until you have paid your mortgage. Do you have assets — a second car, jewelry, a whole life insurance policy — that you can sell for cash to help reinstate your loan? Can anyone in your household get an extra job to bring in additional income? Even if these efforts don’t significantly increase your available cash or your income, they demonstrate to your lender that you are willing to make sacrifices to keep your home. You don’t need to pay fees for foreclosure prevention help — use that money to pay the mortgage instead. Many for-profit companies will contact you promising to negotiate with your lender. While these may be legitimate businesses, they will charge you a hefty fee (often two or three month’s mortgage payment) for information and services your lender or a HUD-approved housing counselor will provide free if you contact them. If any firm claims they can stop your foreclosure immediately if you sign a document appointing them to act on your behalf, you may well be signing over the title to your property and becoming a renter in your own home! Never sign a legal document without reading and understanding all the terms and getting professional advice from an attorney, a trusted real estate professional, or a HUD-approved housing counselor. Bountiful Utah Foreclosure AttorneyWhen you need legal help from a foreclosure lawyer, please call Ascent Law LLC 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
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