Paternity and ORS

For hundreds of thousands of military couples, extended and multiple deployments can take a toll. Military members, their families, and marriages suffer when one spouse is away. Divorce rates are the highest they have been since 1999, with nearly 30,000 military marriages ending last year. Now the Navy is making efforts to help couples adjust to life after deployment, and hopefully, take preventative measures to prevent divorce. Sometimes, if you are unwed, you need a Paternity Lawyer to help you with child support issues and custody.

Paternity and ORS

Deployment is stressful for any family and many couples have also had to deal with multiple deployments, personal changes, and even combat injury or disability. These significant life changes can impact a marriage and force couples into divorce. When a spouse returns home from deployment, adjusting to a new household can be stressful for the entire family.

NAVY MAKES EFFORTS TO PREVENT MILITARY DIVORCE

When couples have lived apart for months or years, returning home can create additional issues. Family reunions can be highly emotional, but for many couples there is substantial anxiety associated with moving home after deployment. Many couples have reported feeling estranged and uncomfortable after a long deployment. Spouses left behind may feel overburdened. Military members often feel misunderstood or alone in their own homes. For those who suffer from PTSD or physical ailments, home conditions can be even more complicated.

Now, the US Navy is taking steps to address the challenge of military divorce during deployment as well as when service members return home, offering dozens of workshops to help couples cope with the stress of a military reunion and to prevent divorce. These workshops are part of the Navy’s effort to address the psychological health of service members and to improve the quality of relationships.

Military couples facing divorce should consider their options and also seek legal counsel in the event of divorce. If you are facing relationship struggles after a long-deployment or are considering divorce, an experienced attorney can help you protect your rights. One attorney, Trevor Fugate knows about these issues and he can help you navigate this situation.

HOW SHOULD MEN WHO QUESTION THEIR PATERNITY DEAL WITH THE ORS?

When it comes to child support, there are a number of issues that parents may encounter. For example, a custodial parent could experience financial complications due to unpaid child support, while a non-custodial parent may be unable to pay child support or have questions regarding their obligations, such as what to do after being contacted by the Office of Recovery Services. In Salt Lake City, and across Utah, it is pivotal for people who are struggling with any problems related to child support to resolve the situation at once.

In Utah, the Office of Recovery Services has a number of functions, such as the enforcement of child support, finding parents who are absent, etc. On their website, they provide useful information for those with child support questions. If you are a man who is questioning whether or not you are the father of a child, it is critical to deal with the ORS properly. According to the ORS, men in this position should never ignore communication attempts by the ORS. For example, failure to appear at hearings and fill out documents could result in a court declaring that you are the father because you failed to inform the court of your disapproval. For fathers who question their paternity, the ORS provides genetic paternity testing to prove whether or not you are a child’s father and you may also want to contact an attorney.

It is important to keep in mind that this material was written for informational purposes and is not legal advice.

Free Consultation with Paternity and ORS Lawyer

If you need legal help with a military divorce, paternity or ORS issue, please call Ascent Law at (801) 676-5506 for your free consultation. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Terms of Use Terminology

Terms of Use Terminology

If you are familiarized with Privacy Policy Fundamentals, you should consider some of the common clauses and terminology that are located within the Terms of Use.  This information is provided for you by a Terms of Service Lawyer. The Terms of Use Agreement (aka: Terms of Service; Terms and Conditions) lays out the rules that website Users must follow when accessing the site, selects the governing law, and limits the liability of the website owner, among many other things.  Every website should have a Terms of Use in place, so it is important to understand the components contained in these agreements.

While it is good practice to draft the Terms of Use in “layman’s terms,” the agreements can still be difficult to digest.  Below is a high-level breakdown of fifteen common clauses and terminology that appear within Terms of Use Agreements:

  1. Owner – The first thing a Terms of Use should do is name the website’s owner (whether individual or corporate) so that Users know who the website belongs to.
  2. Modification – Next it is important to reserve the right for the website to modify the terms at any time.
  3. About the Website – This serves as a brief overview of how the website functions. What is the purpose of the website? What kind of services does the Website offer?  It is important for Users to understand what the website does in a nutshell.
  4. Warranties and Representations – You want the User to warrant (i.e. validate) that they are at least a certain age, typically no younger than 18. This protects the website owner from legal ramifications stemming from underage Users.
  5. Ownership of Website and License – Alerts the Users that the website owner has ownership (makes sense) of the website and associated content. Users are only granted a limited license to use the website for purposes stated in the Terms of Use.
  6. Account Creation, Payment, & Termination – Users need to know how to create and cancel their accounts on the website. Users also need to know how payments are processed and by who.  It is important to make clear that Users are solely responsible for keeping their account accurate and secure.
  7. User Generated Content (“UGC”) – This. Is. HUGE. If the website has any type of UGC, whether it is elaborate forums or simple reviews, there must be a UGC clause.  This clause indicates that Users own their UGC, but warrant that they will not upload any infringing (i.e. illegal) material.  It is also important for the website to be able to remove UGC at any time for any reason.
  8. Communications Decency Act – For liability purposes, websites do not want to be considered interactive computer service providers. If a User gets in trouble, the website wants to avoid getting in trouble too.
  9. Third Party Links & No Endorsement – Any links that go outside the website are not endorsed by the website in anyway.
  10. User Conduct – While the Terms of Use essentially centers upon User conduct, this is the clause that really spells everything out. Any activity (i.e. using a spider/scraper; threatening another user; transmitting illegal material; etc.) that the website does not want Users to undertake should be explicitly listed here.
  11. Disclaimer of Warranties & Limitation of Liability– “Disclaimers” foreclose responsibility and limit liability on behalf the website. These clauses include disclaimers that limit liability for any harm arising from the website, any errors or interruptions with the website’s services, and any damages that could result from liability, among others.
  12. Indemnification – To “indemnify” means to make compensation for incurred hurt, loss, or damage. This clause establishes that in the event of infringement, personal injury, or death that results from a User’s use of the website, the user will indemnify, or compensate, the website.
  13. Resolution of Dispute and Governing Law – This clause allows the website to select what state’s law governs the Terms of Use and where any legal proceedings will be held. This clause is particularly important to pay attention to because (1) the website owner wants to be able to control the forum state [don’t make the mistake of copying a Terms of Use, failing to update the state, and getting haled into a faraway court!] and (2) Users need to know how and where they can bring an action against the website.  Typically, website will elect for any grievances to be handled in arbitration, which is less laborious than litigation.
  14. Integration – You want to integrate your Terms of Use with your Privacy Policy so that they are both considered together.
  15. Notice – Users need a physical address and e-mail to contact the website regarding the Terms of Use.

Phew, Terms of Use certainly are lengthy!  Like mentioned above, this was just an (extremely) high level overview of Terms of Use terminology and clauses.  A complete Terms of Use has a more clauses and many more subtleties that need to be addressed according to the website’s specific needs.

Free Consultation with a Terms of Service Lawyer

When you need legal help, call Ascent Law for your free intellectual property law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Drug Distribution And Manufacturing Defense Attorneys

Drug Distribution And Manufacturing Defense Attorneys

Drug distribution, transportation and manufacturing are serious federal level criminal charges. If you’ve been charged with any type of a drug crime, you need a Drug Distribution Lawyer to help you. Overzealous Utah police officers targeting drug trafficking activity in the I-15 corridor frequently make serious mistakes and botch so-called “suicide load” investigations by violating 4th Amendment search and seizure rules and Miranda rights.

Drug Distribution And Manufacturing Charges

The criminal defense has drug distribution and manufacturing defense attorneys who offer straightforward legal advice and aggressive representation to clients facing federal drug charges of any type in Utah, including:

  • Drug distribution, importation and transportation (drug trafficking)
  • Drug cultivation and manufacturing charges (often known as “marijuana grow-house” or “meth lab” cases)
  • Possession with intent to sell or distribute large quantities of narcotics, methamphetamines, cocaine, heroin, ecstasy, etc.
  • Prescription drug fraud or illegal sale or distribution of prescription drugs like Zanax, Vicodin, OxyContin, Adderall, etc.

Our experienced attorneys provide the same level of high-quality and aggressive defense representation to clients charged with crimes such as money laundering and conspiracy in connection with a federal drug distribution case.

Don’t Talk About a Deal Until You Talk To An Attorney

When you are accused of a federal drug crime like distribution or transportation, the FBI and federal prosecutors are counting on your fear of prison to encourage you to cut a deal. Don’t give up your rights without a fight.

A highly experienced and aggressive trial lawyer can go to work immediately to search for holes in the prosecution’s case – evidentiary and procedural errors that can stop the prosecution in its tracks, such as:

  • Police entrapment and the questionable use of witnesses and informants
  • Lack of probable cause for your arrest and the search of your person
  • Improper traffic stop and unwarranted search of your vehicle
  • An invalid or improperly executed search warrant on your property
  • Improper chemical testing of any drugs found
  • Breaks in the chain of custody of evidence crucial to the case

Field Tests

Garbage in, garbage out. This is an important principle to remember when considering the validity of DUI arrests based on field sobriety test results.

Failing a field sobriety test and a subsequent DUI arrest can be a shock, especially when you are sure you were not intoxicated. Failing a field sobriety test can convince some drivers that they are guilty of driving drunk when they were not. Few Utah drivers understand the haphazard way in which many field sobriety tests are administered and evaluated.

If you were charged with driving under the influence based on a failed field sobriety test, an experienced attorneys can provide you with the aggressive DUI defense representation you need to stay out of jail and keep a conviction off your record.

The Problem With Unreliable And Nonstandard Field Sobriety Tests

Drivers may not know that there are only three standard field sobriety tests, as follows:

  • Horizontal gaze nystagmus or bouncing vision test
  • Nine-step walk and turn test
  • One leg stand test

This means that if you were arrested for drunk driving on the basis of your inability to recite the alphabet backwards, the arresting officer has almost certainly violated police protocol. The result? You may have a strong case for having all charges dismissed.

Even in cases where the field sobriety test procedures were followed to the letter, there may still be powerful options for challenging the validity of the results:

  • Did the officers have reasonable suspicion to stop you?
  • Does their claim that you committed a traffic violation or equipment violation hold water?
  • Did they have probable cause to arrest you?
  • Did they conduct a Portable Breath Test (PBT, a type of breathalyzer test) before the field sobriety test, thus potentially influencing their assessment?

Free Consultation with Criminal Defense Lawyer

If you need help with drug charges, please give our office a call for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Child Support Lawyers Salt Lake City

A child support lаwуеr iѕ a lawyer whо саn hеlр уоu еѕtаbliѕh and enforce сhild ѕuрроrt рауmеntѕ. Thеѕе types оf lаwуеrѕ аrе available in еасh and every ѕtаtе in thе U.S. аnd you should nоt hаvе аnу diffiсultу in finding a сhild ѕuрроrt lаwуеr tо hеlр уоu with thingѕ whеn mаttеrѕ bесоmе too tоugh tо hаndlе.

Child Support Lawyers Salt Lake City

A child support lawyer is good to have on your side if you are fighting for child support. Without one, it’s like doing your own dental work. First, the lawyer will file all of the paperwork on your behalf so you don’t need to and the lawyer will make sure it’s done on time and in the right way. Second, the lawyer will also advise you on the course of action to take as necessary. If you are trying to establish the paternity of your child, the child support lawyer can assist you in that to. Sometimes, cases will go to mediation, we will help you with that too.

It iѕ nоt thаt difficult tо find a сhild ѕuрроrt lаwуеr. Yоu саn соnѕult a friеnd оr fаmilу mеmbеr who went thrоugh a similar рhаѕе in life or you can simply pick up the phone and call Ascent Law. Yоu саn also check the local рhоnе book if you can even find one. If these two mеthоdѕ оf finding a сhild ѕuрроrt lаwуеr do not wоrk, уоu саn аlwауѕ uѕе thе Internet tо find one. Hоwеvеr, уоu ѕhоuld gо tо a соuрlе оf сhild ѕuрроrt lаwуеrѕ so thаt уоu can соmраrе rates and еxреriеnсеѕ.

A child ѕuрроrt lаwуеr iѕ uѕеful if you hаvе nо knоwlеdgе about being a сuѕtоdiаl оr nоn-сuѕtоdiаl раrеnt. Your lаwуеr will givе уоu all thе infоrmаtiоn уоu need and will аlѕо аdviсе уоu on the wау fоrwаrd. A сhild support lаwуеr саn mаkе thingѕ еаѕу fоr you when it comes tо child ѕuрроrt enforcement. Hе wоuld knоw juѕt whаt to dо and hоw to do it, tаking a lоt оf burdеn аwау frоm уоu ѕо thаt уоu саn соnсеntrаtе оn уоur child аnd hiѕ well-being.

Whеn gоing thrоugh a divоrсе, mаnу things can аffесt your еmоtiоnаl state, ѕuсh аѕ уоur children, your finаnсiаl futurе аnd the well-being оf your fаmilу. If уоu аrе соnсеrnеd, ѕееk guidаnсе frоm a ѕkillеd аnd hоnеѕt аttоrnеу whо looks оut for уоur bеѕt intеrеѕt.

Keeping Your Needs in the Forefront

Child ѕuрроrt iѕ required in аll Utаh саѕеѕ involving minor сhildrеn, whether оr nоt раrеntѕ аrе mаrriеd, divоrсеd, оr unmаrriеd but in a lоng-tеrm rеlаtiоnѕhiр. It iѕ a common misconception thаt if a couple iѕ nоt mаrriеd, оnе раrеnt iѕ not еntitlеd tо child ѕuрроrt. There are lаwѕ аnd guidelines fоr сhild support in саѕеѕ whеrе a соurt order for a раtеrnitу tеѕt iѕ nееdеd tо determine еасh раrеnt’ѕ rightѕ.

Child ѕuрроrt isn’t just something аn ex-spouse рrоvidеѕ bесаuѕе it’ѕ niсе оr it’ѕ the right thing tо do. It’ѕ thе lаw. Sоmеtimеѕ parties try tо hidе income оr аѕѕеtѕ to make it lооk like thеу have nо mеаnѕ tо support a сhild in thеir сuѕtоdу or thаt thеу саnnоt аffоrd сhild support. Wе will protect уоur сhild’ѕ rightѕ and protect уоu from аn оvеr-rеасhing fоrmеr spouse whо may be dеmаnding mоrе thаn thеir fаir share оf your inсоmе.

Child Support Guidelines and Calculations in Utah

In thе ѕtаtе оf Utah, сhild ѕuрроrt iѕ based оn ѕtriсt guidеlinеѕ diсtаtеd bу thе ѕtаtе laws аnd ѕtаtutеѕ. Child ѕuрроrt рауmеntѕ are typically саlсulаtеd from a table thаt iѕ bаѕеd оn еасh раrеnt’ѕ inсоmе аnd the сuѕtоdу arrangement. Certain situations, such аѕ self-employment оr intentional misrepresentations, mау mаkе dеfining еасh раrеnt’ѕ monthly inсоmе a соmрlеx task requiring aggressive асtiоn.

If уоur fоrmеr spouse is nоt making сhild ѕuрроrt payments, уоu саnnоt dеnу раrеnt-timе, аlѕо knоwn as viѕitаtiоn, tо him оr hеr. Hоwеvеr, you саn sue fоr fаilurе to рау аnd fоr the amount owed in bасk payments. Attorneys аrе diligеnt in thеir еffоrtѕ tо соllесt оn bасk сhild ѕuрроrt аnd may bе аblе to rеԛuеѕt thаt аttоrnеу fees аrе inсludеd in thе аmоunt уоur fоrmеr ѕроuѕе оwеѕ.

Child Support Obligations and Modifications

If within certain parameters or if thе Divоrсе Dесrее ѕtаtеѕ оthеrwiѕе, either раrеnt can filе tо rаiѕе or lоwеr the child ѕuрроrt оbligаtiоn. If one party iѕ not рауing, the other parent can filе an оrdеr with thе соurt tо еnfоrсе сhild ѕuрроrt payments. If the party dоеѕ nоt рау, thе соurt саn imроѕе a judgment fоr thе mоnеу оwеd or impose finеѕ оr jail timе.

Child support аttоrnеуѕ hаvе thе knоwlеdgе аnd еxреriеnсе to gеt уоu a fair ѕеttlеmеnt; we also hаvе thе sensitivity tо support уоu through аn emotionally сhаllеnging time in your life.

Free Consultation with Child Support Lawyer

If you need child support help, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

DUI Death of Bicycle Rider

On a recent night at the end of September, a BMX racer from Utah was out for a bicycle ride. At some point, he was struck from behind by a car and died. The driver of that car was taken into custody on suspicion of DUI.

DUI Death of Bicycle Rider

Reports indicate that the bicycle rider initially survived the crash and was taken to a hospital in the area. He suffered trauma to his back, neck and head. Despite the efforts of medical personnel, he recently died.

Police suspect DUI in death of bicycle rider in Utah

Utah officials say that the driver accused of striking the bicycle rider had a blood alcohol level over three times the state’s legal limit. If this is true, the best thing for the driver to do is to get a DUI Lawyer to help. It is not yet known whether the driver will face charges in connection with the rider’s death in addition to a possible charge for driving under the influence. If so, he could be facing serious penalties if he is convicted.

First, however, prosecutors must prove to the court beyond a reasonable doubt that the man was intoxicated on the night in question. This will require the results of the blood alcohol test to be validated, along with any other testing that may have occurred such as field sobriety tests. Mistakes can occur, and no one should be convicted of a DUI if testing procedures were not followed or if a sample was somehow tainted. The man’s criminal defense team will be afforded the right to review all of the evidence prosecutors intend to present to the court and to refute the charges in court.

Car accident could result in DUI charges for driver

When impairment is suspected in an accident here in Utah, the driver suspected of driving under the influence could face serious charges. If the crash resulted in the serious injury or death of anyone involved, the charges could be upgraded to felony DUI. If that happens, the potential penalties could be much more severe.

A pickup truck driver recently involved in an accident involving another vehicle could be facing charges for driving under the influence of alcohol. Preliminary police reports suggest that the man somehow lost control of his pickup on a turn and hit the second vehicle. Fortunately, the pickup truck driver was not seriously hurt, but the two occupants who were in the second vehicle suffered significant injuries.

All three people involved were taken to hospitals for treatment. The driver and passenger of the car remained hospitalized in serious but stable condition at last report. The lacerations to the pickup truck driver’s face were treated. Why officials believe that he was intoxicated was not reported.

The investigation does not appear to be complete, and charges are supposedly pending. Once all of the evidence is gathered and the statements of any witnesses are taken, the information will more than likely be given to Utah prosecutors to determine whether they believe that there is enough reason to file criminal charges against the driver. A criminal defense attorney can focus on ensuring that the man’s rights are not violated.

Even if it turns out that prosecutors believe enough evidence of DUI exists and charges are filed, that does not automatically mean that the man will be found guilty. He is presumed innocent until and unless the court finds him guilty beyond a reasonable doubt. Furthermore, if it turns out that his rights were violated during the course of the investigation, which could also affect whether charges are filed and/or withstand the scrutiny of the criminal court.

Free Consultation with Criminal Lawyer

If you’ve been charged with vehicular manslaughter or DUI call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Paternity and Child Support

Typically, divorce proceedings that take place in the state of Utah account for the establishment and enforcement of child support payments. In many cases, however, child support is sought by unmarried parents and involves a number of different legal considerations. Legal paternity is a major factor in many child support cases, and can have a significant impact both custodial and noncustodial parents alike.

paternity and child support

According to the Utah Office of Recovery Services and those of us who work as a Paternity Lawyer, both parents are legally obligated to financially support their children. Child support arrangements are intended to outline and enforce such legal obligations no matter if the parents were married or not. As a result, establishing legal paternity not only extends parental rights to biological fathers but also makes them eligible to receive or pay child support.

PATERNITY AND CHILD SUPPORT CONSIDERATIONS

In the event that the father and mother of a child are not married when that child is born, it may be necessary to establish paternity under Utah state law. Utah guidelines on establishing court-ordered paternity explain that there are several ways to determine paternity, including the completion of a voluntary Declaration of Paternity document or a court-ordered judgment of paternity. Once paternity is established, both parents have equal rights and responsibilities to the child under the law. For instance, a man who is legally identified as biological father of a child can then pursue child custody and/or child support arrangements. Similarly, a mother who is the custodial parent can seek to enforce child support obligations from the child’s other parent.

CHILD CUSTODY IN QUESTION OVER DISCIPLINE TECHNIQUES

Utah Parents often have different points of view when it comes to the most appropriate and effective way to discipline their children. Serious issues over child custody and visitation can arise, therefore, in instances where the disciplinary practices of one parent are challenged by the other.

One recent child custody dispute to occur revolves around two parents’ differing views about how best to discipline their son. The four-year-old boy in question reportedly physically struck schoolmates on more than one occasion. The boy’s father claimed that he wanted to ensure that his son understood that his misbehavior would not go unpunished. The father’s ultimate decision was to have the boy stand on the side of the road holding a sign describing his misdeeds. Before that, the father apparently tried to discipline his son by confiscating toys and explaining the child’s misbehavior to him.

Following the incident, the boy’s mother reportedly picked him up and refused to return custody to the father. The mother claimed that the father humiliated their son and compromised his safety by having him stand near the road. She also informed child protective services of the incident. The father accompanied his son on the roadside and they were apparently outside for around an hour.

The father contended that he was acting in the best interests of the child, and that his efforts to discipline his son were reasonable. No matter if people have concerns about the disciplinary practices of their ex or are compelled to defend their own parenting techniques, seeking legal advice may be helpful to resolve any related child custody issues.

Free Consultation with Paternity Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Utah Child Support Laws

Utah Child Support Laws

Because we are Child Support Lawyers, we often get asked about child support in the family law context in Utah. Having a child is one of the most wonderful experiences you could ever imagine, even if you are not married. But you can have some legal challenges when establishing child support if you ever decide to end your relationship.

Child Support in Utah if You’re Not Married

Yes, you can get child support whether you are married or unwed. Statistics clearly show that over 40% of births in the United States happen to unmarried couples. Although the percentage is lower in Utah, there are still 20% unwed couples that struggle with child custody and child support issues. Thankfully, you can handle important issues surrounding child custody and child support with the help of an experienced Salt Lake City child support attorney.

ESTABLISHING PATERNITY

This is one of the most important aspects to consider before creating a visitation agreement. Without establishing paternity, you can’t claim inheritance rights, financial benefits, insurance benefits and Social Security benefits. A child support order requires the father to establish parentage. In other words, the father must have a legal relationship with the child otherwise the court can’t create visitation agreements, custody, and financial arrangements.

There are two ways to establish paternity in Utah:

  • The father can sign a Voluntary Declaration of Paternity.
  • Take a paternity test if the paternity is in question.

THE MOTHER IS ALWAYS AWARDED CUSTODY

It doesn’t matter how great the father is, the unwed mother generally gains the primary custody of the child. It’s her legal and natural right after the child is born. This means her rights are far superior to the fathers and any other person in the family. However, as long as the father establishes legal paternity, he can claim his child custody or visitation rights in court. Sometimes these cases can be contentious and you may need the assistance of a Salt Lake City child support attorney.

Establishing paternity can be helpful in cases of child abandonment. If a child is not safe he or she can be immediately removed from the mother’s custody and the father can automatically gain custody. However, if the father is not listed on the birth certificate, he can’t claim these rights and the child will be sent to foster care. Also, some unwed mothers may place the children up for adoption without the father’s consent. If the father hasn’t established paternity yet, he may need to go through a complex legal process in order to claim his parental rights.

CLAIMING THE CHILD ON YOUR INCOME TAX

Only one parent can claim the child as a dependent on the tax return yet the person who claims the children can change each year. Some parents may work out a plan that will benefit more the children and the whole family. But the non-custodial parent or parent providing child support can’t claim child support on his or her taxes.

GRANDPARENTS CAN ALSO SEEK LEGAL GUARDIANSHIP

The percentage of children living with grandparents increases every year. Unfortunately, in most of these cases, grandparents don’t have legal guardianship. This can be a problematic situation leading to several legal complications, which can be solved with the help of an experienced Salt Lake City guardianship attorney.

WHY SHOULD YOU MAKE GUARDIANSHIP LEGAL?

Having a formal relationship with your grandchildren can be rewarding. If you don’t have legal custody or guardianship, the children can be taken away from you at any time. In some cases, parents are able to cut off contact between the children and grandparents. Having legal custody does not guarantee your grandchildren will stay with you forever but you will reap many legal services and benefits.

WHEN ARE THE CHILDREN LEFT IN THEIR GRANDPARENT’S CARE?

This generally happens when the parents have problems such as substance abuse. There are also parents having physical, emotional, and financial problems who may leave the children with grandparents. Courts grand custody base on the child’s best interests. It is possible for grandparents to be awarded sole custody as long as they can prove the parents are unfit for custody.

WHY SOME PARENTS CUT OFF GRANDPARENTS?

Some parents may wish to keep their children and stop all contact between grandparents and grandchildren. Some of the most common reasons for this to happen include:

  • Jealousy – Grandparents that spend a lot of time with the children have a good relationship with them.
  • Poor parenting skills – Some parents may not have the best parenting skills and they feel it is too hard to live up to their parents’ expectations.
  • Regret – Some parents are reminded of why they gave up their children every time they see the grandparents.

Although these are not solid reasons to cut off grandparents, some parents may feel uncomfortable with having the grandparents interfering in their children’s lives.

RIGHTS AND RESPONSIBILITIES OF GUARDIANS FOR MINOR CHILDREN

Guardians can make decisions regarding their grandchildren’s education and healthcare. They are legally responsible for their care, including finances. If you are a grandparent seeking guardianship, it’s important you hire expert advice.

GUARDIANSHIP VS. CUSTODY

A guardianship is generally sought when one parent is disabled or can’t care for the child due to other life-altering conditions such as drug abuse. However, once the parent is ready to have the children back, the guardianship generally ends. The focus is always on the child. In other words, both grandparents and parents should think about which option best serves the children’s interests.

WHY SOME GRANDPARENTS QUIT?

It is easier to quit than to fight for your grandchildren’s well-being. If you believe your grandchildren are not being raised in a safe environment, you should contact local authorities immediately and a Salt Lake City guardianship attorney to help you gain custody of the children. Don’t let these legal matters slide before it is too late.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support or get it changed, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506