Category: Child Custody

Domestic Violence /Domestic Violence In The Presence Of A Child

 

Utah has a specific set of codes for cohabitant violence. A person who commits domestic violence or domestic violence in the presence of a child whether by committing actual physical harm or by threatening violence of physical harm against a current or previous cohabitant may be charged with the crime. Contact our Ogden Criminal Defense Lawyer today. We have the Best Lawyers Criminal Defense  Salt Lake City.

When looking at the Utah code, cohabitants means any spouse or former spouse you have or have had. Relationship partners that could appear as a married couple, living partners, relatives, relatives through marriage and/or people who have children together are all qualified for this criminal charge. To be criminally charged for a cohabitant crime, the perpetrator must be over 16 or be emancipated. Siblings who are minors and parent/child relationships are not considered cohabitants.

(Utah Code §§ 77-36-1, 78B-7-102.)

This code includes any crime violent in nature and may include violating a restraining order, harassment, stalking, assault and is domestic violence if it occurs between cohabitants. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

Conviction of crimes of a domestic nature carry a enhancement penalty for any subsequent occurrences.

 (Utah Code §§ 77-36-1, 77-36-1.1.)

What Happens When You Are Arrested?

In Utah, a police officer has the authority under the law to use probable cause. That means the office must believe or have a reasonable belief that violence has occurred between the two cohabitants and constitutes domestic violence. The officer is bound to make an arrest even without a warrant or may issue a ticket or citation. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can give you an estimate of what may happen in your case. Ogden Criminal Defense is on your side.

This exception to a standard rule in Utah allows an officer to make an arrest without a warrant when conditions exist where a crime has been made in the officer’s presence or where a felony is believed to have occurred outside of the home. The officer in the case will usually believe that the victim is not safe and may be in danger due to the injury and especially when a weapon is used. If these special conditions exist, the officer must make an arrest and take the individual into custody. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case.

When arrested, certain conditions may be put in place until the judge in the case orders otherwise. Usually it will be a term of the arrest that you may not contact the person directly or indirectly while being held or if they are released it is standard that you cannot:

  • personally contact the victim
  • harass the victim, or
  • go to the victim’s residence.

If you fail to follow the terms you may be found in violation and may be subjected to monitoring by electronic means.

(Utah Code §§ 77-36-2.2, 77-36-2.5.)

If you have been accused of shoplifting in Utah, you should strongly consider speaking with criminal attorneys Ogden  about criminal law OgdenOgden Criminal defense is An experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives.

Uncontested divorce

Uncontested divorce is the quick and least cost method when obtaining a divorce. This tends to be the least stressful as well. In most cases, if the divorce is amicable, undisputed and easily resolved, uncontested divorce is the route to go. The paperwork required however is still not easy. Contacting a No-fault divorce lawyer Salt Lake City or a Divorce lawyer Ogden Ut would help you make a great choice in alleviating the filing of the paperwork. Divorce Attorney Ogden Ut will be able to get accurate and necessary information to fill out the mountain of paperwork necessary to file your Uncontested Divorce in Utah.  At times it may be necessary to have Divorce Mediation Ogden Utah with your Divorce Lawyers in Ogden Utah.  Some of our Client find it necessary to Custody Lawyers in Ogden Utah to have a great Divorce Attorney Davis County on your side.

Uncontested Divorce means that the terms of the actual divorce are not disputed between the parties. This could be for many reasons. If there are children involved, you will still be required to have a 90 day waiting period to have your divorce finalized. It is also a requirement to have taken the divorce education class. The curriculum is based to provide appropriate boundaries during and after the divorce in an effort to create a smoother transition for both you and your children.

An uncontested divorce fee will be standard for filing the divorce. Individualized attention will be given to make sure that you understand all of your rights in the divorce proceedings and to help you make the best decision as a couple moving forward individually. When uncontested divorces are filed it is important to remember that it can take at least 4 months to be prepared, filed, waited and decreed. During this time some couples will begin to dispute the items in the divorce and start re-negotiating terms with the Divorce Lawyers in Ogden UT. Therefore, it is important to attempt to make the best efforts to make the best plans from the beginning to save time and money. Many families underestimate the cost of living in separate homes, outstanding debts and income concerns as well as child support implementation. Therefore, so recommend having a legal separation for a period of time to adjust financially and really work through what needs to happen in the decree before filing for divorce.

Issues that often arise in divorce could be: Insurance coverage, financial obligations, possession allocations, future money from sales or retirement, current bank assets, life insurance, living arrangements, new home and vehicle purchases. While this is not a complete list one can see that divorce is literally sectioning out the life you have lived for the past several years and starting over. It’s a big commitment. While it takes 30 minutes to get married it can take months or years to be divorced.

 

 

A Child Guide To Utah Divorce

Parenting During Divorce

Parenting During Divorce

After a divorce, often times one can find  it  difficult to be the person that you once were. You are reminded when even the simplest of tasks begins to wear on you. Especially when you are now supporting yourself and your children on your own on a daily basis. Utah divorce lawyer You may have financial support but the absence of a second parent in the home rings clear and you are reminded of the help the other offered or aided in. In an article from the Huffington post one mother describes different parenting groups that many women fall into after divorce. The title of this article is Post Divorce Parenting: How to be a Smarter Mom, Not a Martyr Mom. Divorce attorney salt lake city

When if comes to managing schedules and filling time it is difficult to do the things you once did effortlessly and sometimes the guilt overrides rational decisions. With the rise in divorce rates and the blending of families many are opting for helicopter parenting to ensure their children are not falling through the cracks. Attorneys in salt lake city

There are varying emotional stages during and after the divorce that many do not understand or acknowledge. The frustration you are feeling at the beginning my begin to subside the farther along you are in the journey. Divorce attorneys in salt lake city

Here are Some Tips to stay calm and reserved during your divorce could include:

Parenting During Divorce

*Having a great social network Meetup.com -this is not a dating site. it is a place to find activites with other people with similar interests like hiking, biking, dancing, cooking. Family law attorney salt lake city

*Working out at home or the gym  

*Finding hobbies or refreshing old ones that you once loved

*Making goals for yourself

*Counseling and Life Coaching

*Meditation, Yoga, Pilates

*Playdate groups

 

An Ogden Family Law Attorney or an American Fork Family Law Attorney would be happy to help you with resources on how to win at parenting after divorce. Salt lake city divorce

Parenting During Divorce

Child Custody and Tax Implications After Divorce

Child Custody and Tax Implications After Divorce?

So, what happens if you have children, are divorced, and share custody of the kids regarding your taxes?  When discussing dependents, the custody that matters is actual physical custody, counted on a night by night basis.  The parent who has custody for more than 1/2 of the year (more than 183 days) can claim the child as a dependent, child care expenses, earned income tax credit and, if eligible, can claim “Head of Household” status.

Child Custody and Tax Implications After Divorce
Child Custody and Tax Implications After Divorce

However, the custodial parent can transfer the child tax exemption to the non-custodial parent by providing him/her with a signed copy of IRS Form 8332.  Sometimes a parent may be ordered in the decree so sign the form, other times whether to “give” the other parent the right to claim the child(ren) is a matter of the custodial parent’s discretion.  This depends greatly on the parties stipulation or by order of the Court.

Child Custody and Tax Implications After Divorce?

If the custodial parent is ordered in your decree to allow you to claim the child(ren) and to sign Form 8332, but fails or refuses to sign, your recourse would be an order to show cause through the  court.  The IRS will not enforce the parties agreements for you.  But even if the exemption is transferred, the custodial parent still is the one that can qualify for head of household, the Earned Income Credit, and the child care credit.

ALIMONY AND TAXES

The party who pays alimony is allowed to claim the payments as deductions on federal tax forms. The party receiving alimony is required to claim it as income on federal tax forms.

Additional questions can be found at the IRS.Gov website.  For more information or to set a up a free consultation with one of our lawyers please contact us today.

Child Custody and Tax Implications After Divorce?

contested Divorce in Utah

4 Tips For Coping With Utah Divorce

When you decide to get a divorce everything runs through your mind. All of the things you have done right in your marriage seem to turn from once happy and content memories to  becoming distant memories tainted with sadness. Maybe you went to premarital counseling before making your decision to marry and even attempted a few sessions of marital counseling before making your decision to divorce. There will be a mix of emotions. The good the bad and then the counseling. You have legal counsel, mental health counselors, the neighbor across the street who thinks she is the counselor and sometimes random strangers who also think that their opinion is at a premium price and the end all be all. The long and the short of it is that only you know your family and the behavior of your soon to be former spouse. Sometimes the opinion of others whether close or admired from afar need to be tabled until you can really determine if it is best for your individual situation. An American Fork Divorce Attorney can help guide you with some good plans for families like yours. There are many options and your Ogden Divorce Attorney can help you explore those options. Divorce utah right to know

When you get divorced, unlike any other time in your life, you are fighting to be uncommitted and untied from your former relationship. You can literally walk away from a job or a friend but you can’t just pack up and leave your once loved life, home and this is especially true when children are involved. When you are at the beginning of a marriage you can do everything humanly possible to prepare for the future, even premarital counseling.  People change, environments change, jobs change, educations change and normal life happens. Salt lake city divorce

Here are a few tips to help you cope with the feelings of doing all the right things and finding yourself going through a divorce:

  • Get rid of “The Perfect or Easy” Divorce: People can look in on a marriage and think that its perfect and others will try to convince you on how simple it is to resolve the problems in a marriage and others how fast a divorce can be with the right attorney. The fact is that perfect kids, perfect homes, perfect kitchens, nice cars, money, love and fidelity are not always what they seem to be. The same is true with divorce. Even in the most “perfect” of marriages there are stressing factors. Marriage is focused work and sometimes that work is difficult, taxing and out rightly frustrating. The difference is the commitment to the marriage and a continued desire for a joint life with your spouse. When that level of commitment changes and divorce is necessary remember that each divorce, like each marriage and family, is unique and very individual. That one person that you found out of the entire human race to join you will become a difficult thorn in your side for a short period of time until your legal issues and a formalized plan for the second chapter of your joint life together is started and finalized. It might not be the chapter you intended during your premarital counseling but do remember it is important to review, take your time and make sure the plans and documents are long term solutions which are viable for both parties. Divorce lawyer in utah
  • Look Objectively:Sometimes taking the emotions out of an experience can result in a successful decision. A simple exercise of taking the names out of the scenario and looking at it as if it was an absolute stranger could really help you look at the demands objectively and with a little more merit and less emotion. A clean look at things and a commitment to yourself to hold off for 24 hours before agreeing to any major decisions can help alleviate a lot of heartache in the long run. Objectively thinking can save you a lot of time and money when you can avoid having to write and re-write documents many times.
  • Have A Set of Personal Goals:Some of the best distractions to current circumstances are new goals. Something to look forward to. These need to be unrelated to the divorce, your children or changing everything about you. They could be related to health, fitness, talents, hobbies, education or other classes. Start with baby steps and with things that are realistic. Many successful people will use the S.M.A.R.T. method. Specific Measurable Attainable, Realistic and Time bound. Smart goals will result in success and better future goals. So pick up that pen and set a few just for you. Family attorneys in utah
  • Steer Clear of Romanticism:One of the first things that excites and scares people is the idea of dating again. For a lot of people it is a very scary thought to think about dating after many years of being with the same person. For others it is exciting and very tempting. During your divorce a lot of emotions are not realistic or valid. Sometimes you feel empowered with the new found independence. The decision to begin being romantically intertwined in relationships with other may hinder the ability you have to make good logical decisions. Often times it can cause distress in the proceedings for the other spouse resulting in lengthy litigation and costly addendums. Making new friends and joining social groups is a surefire way to re-introduce yourself to living single.  In some cases it can make your divorce more difficult when others become involved in the life and decisions you are still making. Since most relationships out of a new divorce do not result in marriages that last it is wise to not allow the new love interest to interject their wishes or feelings into your divorce. A better approach would be to join activity groups, support groups and do charity work. With time you can begin dating. There is no rush. Take your time and enjoy being on your own for a while before settling back in.  As nice as it is to rediscover who you are and what you are all about in a relationship it is best to proceed with caution. Your American Fork Divorce Lawyer can help you decide if starting relationships is the right move during your divorce. Ask your Ogden Divorce Lawyer during your consultation. Utah divorce lawyer

Divorce is difficult no matter how your marriage was planned, executed or lived. Sometimes the only thing you can do is get through today and plan for tomorrow with the best resources you have. With these simple yet attainable steps you can cope a little better along this bumpy journey.

A Child Guide To Utah Divorce

A Child Guide To Utah Divorce

A Child Guide To Divorce

Ogden Divorce Lawyer Series

After you have made the decision to divorce you may find it tough to really understand yourself what is about to happen to you and your family. It can be difficult to explain to your children and your family. Here is a small guide that may help you understand a loving and appropriate way to talk to your children about your divorce. As always, the best use and wisdom may be sought through counseling. Keep these things in mind when talking with your children. Child custody laws in utah

Children who are under the age of 18 months are not exempt from feeling sadness, anxiety, frustration or anger. Children of this age have limited language skills however they do have the ability to sense the environment around them and their caregivers. Often babies and young toddlers may regress or have developmental delays. They may become intolerable or extra clingy. Emotional outbursts are not uncommon. Due to the language difficulties and how young they are the best thing you can do is provide as much consistency and calmness as possible. The more predictable your behavior is the better the child will respond.   Routines are key at this age. Make sure security items are available. Adequate sleep for both the parents and the children will also ease tensions. Nutrition is very important as well as routine eating. The more consistent you and your child are the easier the transition will be into the new family structure. Custody lawyers in utah

When the child is a toddler it is important to understand the primary social bond is with both of the child’s parents. Anything from illness, death, divorce or even moving can disrupt their little world. It can make things very difficult to understand or accept. Children of this age think that the world revolves around them. It really does! From the time there little feet hit the floor, the parents are chasing them from one end of the day to the other. This is the age group where children believe that they are the reason for the breakup of the family. The tantrums may increase and they may want a lot more attention that you can provide or feel necessary. Some children will begin to regress back to earlier developmental stages such as wetting themselves after potty training, thumb sucking and sleep arrangements that are demanding.  During this transition it is hopeful that the parents can work together. Developing routines and predictable environments will help the child know what to expect. Quality time and finding extracurricular activities will help the child to have an outlet. Reassurance that the child is not responsible for the breakup is important. To approach that subject, seek the advice of a knowledgeable counselor. Discussing the child’s feelings is important if the child is ready and emotionally capable. Divorce lawyer in utahFamily attorneys in utah

If your child is a preschooler be prepared for a power struggle. These little fire crackers do not like change. They do not care if the change is for the better, they just want everything to always be the same. Children of this age often feel out of control because they can’t change the outcome. As with toddlers they also feel responsible for their parent’s divorce or separation. They have a really hard time understanding the future a lack the control. They hold feelings inside and have sad unpleasant thoughts that are often brought out in nightmares. Utah child custody laws

Being open and positive can help the child appropriate their feelings. The better the parents are the more the children will mimic positive moods and attitudes. Some books are available to help children understand. All children need to feel safe and that their relationship with both parents will continue normally. Once a visitation schedule is set make sure it’s consistent and routines are still established and followed. Utah divorce lawyers

The school age kids have a more difficult time understanding the concept of divorce. Sometimes children of this age feel as if they are the ones being divorced. A lot of children in this age group believe if they are model children their parents will get back together and will often worry about the other parent dying or being ill. Some Children in this group think that they can fix the marriage and make it work.

In a lot of cases children will identify one parent over the other as the responsible parent for the divorce. They will be mean and express in different areas of rebellion. Sometimes they might fight, become anxious, withdrawn, depressed or even just plain angry. Physical symptoms may manifest such as stomachaches, headaches and will make up excuses to stay home from school, church or family events. Divorce utah right to know

In order to rebuild these little adults you have to restore their feelings of loss and rejection. They really are grieving the loss of their family. It’s important to rebuild their sense of security and reaffirm their safety. This is accomplished by each parent having one on one time with the child and encouraging real conversations about their feelings. It’s very important the child understand that blaming the opposite parent for the divorce is never appropriate and that no one is abandoning the child. Children like routines, structure and predictability. The more consistent and open things are the better off the child will respond. At this age self-esteem through team sports, friendships, school and events are all very important things. Encourage the child to participate. Salt lake city divorce

If your child is withdrawing it’s important to seek counseling.

Your Ogden Divorce Lawyer or American Fork Divorce Lawyer may be able to recommend a therapist for you. Ask your Ogden Divorce Attorney or American Fork Divorce Attorney Today.