family law - TR Spencer

Parentage a.k.a. Custody General Information

A parentage relationship is established when you are the parent of a child whether biological or by a Court (i.e., adoption). You only have a parentage relationship when the relationship is legal. In other words, if the child is a result of a non-consensual relationship (i.e., rape) then the one forcing the relationship will not generally have any legal rights to the child.

Custody generally refers to the control over decisions made for the child and/or the place where the child lives, if the parents do not live in the same household. However, both parents have equal custodial rights until a Court order exists which establishes custody.

There are 2 different kinds of custody which may be shared in 3 main ways here in Utah. The two types of custody are:

Legal custody which goes to who has the ability to make important decisions concerning the children, and

Physical custody which goes to where the children will live.

As mentioned, each of the two types of custody may be shared in 3 different ways. This may be done differently for each type of custody:

Sole. Legal and/or physical custody may be given to one parent alone (with rights of visitation to the other).

Joint. In joint custody arrangements, both parents are involved. For instance, with joint legal custody, both parents would have a right to make the important decisions regarding the children such as education, religion and non-emergency medical care. This type of arrangement will only work where the parties get along very well and may communicate with each other often. Joint physical custody would entail moving the kids from one parent to the other for some amount of time as decided between the parties or the judge. However, the children must spend more than 110 nights each year in each home to call the arrangement “joint”.

Split. This situation involves more than one child and the children are split between the parents. For example, one will live with the mother and one will live with the father. This type of arrangement is advised only in rare circumstances, as it is rare that this would be in the children’s best interests.

Note, remember that an attorney will be able to answer the questions specific to your case. The information provided here is merely basic in nature and is no substitute for an actual attorney. If you have questions about your case, call TR Spencer & Associates, P.C. and speak with one of our experienced attorney's at: (801)-566-1884.

The Four Most Important Things to Talk to Your Divorce Attorney About

The Four Most Important Things to Talk to Your Divorce Attorney About Whether we want to think about it or not, about half of all married couples will face a divorce in their lifetimes. The reasons are many and varied, but deciding to divorce is always quite difficult to deal with and emotions usually run high. This is when many costly mistakes can be made. This is why it is so important to quickly contact an experienced family law firm like Spencer & Collier, LLC and talk to their attorneys about protecting your financial and family interests.

Things to Consider During a Divorce

Things to consider before hiring an Attorney

1. Your willingness to “Put it All Out There”;

2. Be Prepared to experience a higher level of stress;

3. Impact on Family and friends;

4. Impact on your employer.

Your willingness to “Put it All Out There.” is very important. If you as the client withhold information from your attorney, you may end up paying for it in the end. An attorney takes the information you provide, good and bad, and then formulates a strategy. If information is withheld, the strategy employed may be defective. When you hire an attorney a confidential relationship is created. Which means that the attorney will not disclose the information you tell him, unless it is necessary for your case or if he must in order to comply with state ethics rules. Therefore, you should tell your attorney the pros and the cons, so that he can best prepare your case.

Divorce is a very stressful part of many marriages unfortunately. The process can bring out very strong feelings of resentment, animosity, and sometimes even hatred. Be prepared to ask questions, so that your attorney can help you manage your expectations. An attorney can answer questions that may be causing a lot of the stress you are feeling. The unknowns felt by most during divorce can easily be answered. Just ask!

Your divorce will have an impact on your entire family. You should expect that your divorce may not only end your relationship with your wife, but also may end many other relationships as a result. Be prepared for unexpected change as best you can.

Your divorce may impact your employer. During the divorce process, the parties’ embark on the procedural process known as “Discovery.” Discovery requires that the parties disclose certain information initially without being asked. Later, more information may be sought that your employer may be required to provide. Through the tool of the subpoena, your employer may be required by law to provide your payroll information. Furthermore, the court may require that your retirement accounts be divided, which could impact your employer as well.

TR Spencer & Associates, P.C. can help you with your divorce. Give us a call and mention this article: 801-566-1884.

Why Choose Our Firm For Your Legal Needs?

Why Choose Our Firm For Your Legal Needs? The attorneys at Spencer & Collier, LLC bring expertise, experience, and the small office personal touch to the table, making you feel comfortable knowing that you won’t be shuffled around and lost in the crowd like some large firms may do. You will receive one-on-one attention from one of our attorneys who has the know-how to help you with your specific legal situation.

Grandparent Custody

Grandparent Custody You love your grandchildren and have spent a lot of quality time with them. You may have even cared for them while the parents worked, or when one or both parents had physical or personal problems they needed to deal with. This is not uncommon, as two earner households and the high cost of daycare often puts grandparents in the role of caretaker.

What is Free-Range Parenting?

The state of Utah recently passed a law colloquially referred to as the "free range parenting law." The bill was introduced in January by Utah State Senator Fillmore. What the law actually does is change the definition of child neglect.

How Paternity is Established in Family Court

When an unmarried couple has a child, paternity is not a given. In the eyes of the law, the mother is the sole parent of the child. A father is not recognized as having legal rights in relation to the child until paternity is established.

Strange Divorce Laws Across the U.S.

Divorce laws are meant to be fair and efficient. However, this isn't always the case in every jurisdiction. Any family law attorney will tell you that there are aspects of the law that cause bewilderment. Some of these strange laws are the result of an arcane legislative process.

Is it Possible to Fight Paternity Tests?

Some people see paternity tests as an amusing gag you see on day time talk shows. Others, who are going through a serious custody battle, see it otherwise. Some men, for personal reasons, may decide to fight a finding of paternity test.

Utah Family Law and Child Custody

The decisions you'll make in who has custody of your child can be some of the most stressful. Parenting plans allow parents to decide how they want their children to be cared for while they are away at work or on vacation.