No, you don’t have to have one, but you will want one. Just like you wouldn’t want to give yourself a filling – you go to a dentist; and just like you wouldn’t do your own brain surgery; you go to a probate lawyer when you need to probate a will. Probate is the entire process of administering a dead person’s estate. This involves organizing their money, assets and possessions and distributing them as inheritance after paying any taxes and debts. If the deceased has left a Will, it will name someone that they’ve chosen to administer their estate. This person is known as the executor of the Will. Every estate and every Will is different. The exact probate process can vary depending on the instructions left in the Will and the assets, creditors, and beneficiaries the estate has. The basic process for an executor is: Generally speaking, probate Attorney, also called estate or trust attorneys, help executors of the estate (or “administrators,” if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator. What Does a Probate Attorney Do?What a probate lawyer does will likely depend on whether or not the decedent has drafted a will prior to their death. Probate Attorneys always file cases in the probate courts. In Utah, the State District Courts are where probate cases are filed. Typically, the probate case is filed in the district where the decedent resided when they passed away or where they owned property that needs administration by the probate court. When There Is a WillIf an individual die with a will, a probate lawyer may be hired to advise parties, such as the executor of the estate or a beneficiary, on various legal matters. For instance, an attorney may review the will to ensure the will wasn’t signed or written under duress (or against the best interests of the individual). Elderly people with dementia, for example, may be vulnerable to undue influence by individuals who want a cut of the estate. There are numerous reasons that wills may be challenged, although most wills go through probate without a problem. When There Is No WillIf you die without having written and signed a will, you are said to have died “intestate.” When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, if you are married, your surviving spouse receives all of your intestate property under many states’ intestate laws. However, intestacy laws vary widely from state to state. In these situations, a probate attorney may be hired to assist the administrator of the estate (similar to the executor), and the assets will be distributed according to state law. A probate attorney may help with some of the tasks listed above but is bound by state intestacy laws, regardless of the decedent’s wishes or the family members’ needs. A relative who wants to be the estate’s administrator must first secure what is called “renunciations” from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate. A probate attorney can help secure and file these statements with the probate court, and then assist the administrator with the probate process (managing the estate checkbook, determining estate taxes, securing assets, etc.). Most people, thankfully, don’t need to hire a attorney very many times in their lives. And even if you’ve gone to an attorney for a business matter, real estate transaction, or a divorce, working with a probate attorney is likely to be a different kind of experience. Some things are the same whenever you hire an attorney, though: to fully understand what’s going on, you will probably need to ask a lot of questions, and to keep costs down, you will have to take on some of the routine work yourself. Who Does What In A Probate Case In UtahWhen you’re winding up an estate, there’s usually a lot of legwork to be done, things like making phone calls and gathering documents. Many of these tasks don’t need to be done by someone with a law degree. So if you’re paying the lawyer by the hour, you’ll probably want to volunteer to take on some of this work yourself. Just make sure it’s clear who is responsible for what tasks, so things don’t fall between the cracks. For example, make sure you know who is going to: Keep in mind that many attorneys are more flexible than they used to be about offering what’s often called “limited representation” or “unbundled services.” In other words, many attorneys no longer insist on taking responsibility for all the work of a probate case. They will agree to provide limited services, for example, answering your questions during the probate process while you take on other tasks traditionally done by the lawyer, such as drawing up the probate court papers. Especially if your court provides fill-in-the-blanks probate forms, this kind of arrangement may be good for you. Be sure to get your agreement in writing, so both you and the lawyer are clear on your responsibilities. Important Dates For A Probate LawyerIt’s a good idea to ask the lawyer for a list of deadlines, for example, when is the cutoff for creditors to submit formal claims, and when will the final probate hearing be held? This will be helpful both if there are things you need to do, and if creditors or beneficiaries contact you with questions. Dealing with Beneficiaries and CreditorsIf everyone gets along, it probably makes sense for you, not the attorney, to field questions from beneficiaries. It will save money, and you’ll know what beneficiaries are concerned about. If you send regular letters or emails to beneficiaries to keep them up to date (this usually helps keep them from fretting), you might ask the attorney to review your communications before you send them, to make sure you’ve got everything right. Getting Legal Advice as You GoCheck in with the attorney regular to see if anything is happening with the probate case. Usually, no news is good news. State law requires you to keep the probate case open for months, to give people time to come forward with disputes or claims, but in most probates, beneficiaries don’t argue about anything in court, and few creditors submit formal claims. By all means, ask the attorney any questions you have about the proceeding. But if the attorney is charging by the hour, try to be efficient when you communicate. If you can, save up a few questions and ask them during one phone call or visit to the attorney. But if you are unsure about taking a particular action that will affect the estate—for example, you want to give one needy beneficiary his inheritance months before the probate case will close, get legal advice before you act. Role of a Probate AttorneyAdditionally, a probate attorney may be responsible for performing any of the following tasks when advising an executor/administrator: What Questions Should You Ask a Probate Attorney?If you decide to retain an attorney for a probate case, you should consider asking the following questions. Utah Probate ProcessWhen it comes to administering a decedent’s estate, the process commonly referred to as “probate”—many people fear it is daunting and complicated, but it can actually be as simple as four steps. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent’s estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate. Utah Basic Steps to ProbateIf you find yourself trying to navigate the probate process, follow these simple steps: • Following Appointment By The Court, The Personal Representative Must Give Notice To All Known Creditors Of The Estate And Take An Inventory Of The Estate Property: The personal representative then gives written notice to all creditors of the estate based upon state law; any creditor who wishes to make a claim on assets of the estate must do so within a limited period of time (which also varies by state). An inventory of all of decedent’s probate property, including real property, stocks, bonds, business interests, among other assets, is taken. In some states, a court appointed appraiser values the assets. When necessary, an independent appraiser is hired by the estate to appraise non-cash assets. • All Estate and Funeral Expenses, Debts and Taxes Must Be Paid from the Estate: The personal representative must determine which creditor’s claims are legitimate and pay those and other final bills from the estate. In some instances, the personal representative is permitted to sell estate assets to satisfy the decedent’s obligations. • Legal Title In Property Is Transferred According To The Will Or Under The Laws Of Intestacy (If The Decedent Did Not Have A Will). Following the waiting period to allow creditors to file claims against the estate, and all approved claims and bills are paid, generally, the personal representative petitions the court for the authority to transfer the remaining assets to beneficiaries as directed in the decedent’s last will and testament or, if there is no will, according to state intestate succession laws. If the will calls for the creation of a trust for the benefit of a minor, spouse or incapacitated family member, money is then transferred to the trustee. Unless the beneficiaries of the estate waive the requirement as allowed under some state laws, the petition may include an accounting of how the assets were managed during the probate process. Once the petition is granted, the personal representative may draw up new deeds for property, transfer stock, liquidate assets and transfer property to the appropriate recipients. A properly drafted will, updated regularly to account for life changes, organized records of debts, personal property and other assets simplifies the probate process. The easier it is for your personal representative to trace your steps after you’re gone, the easier the process. Utah Probate Lawyer For Administration Of EstateWhen you need help with a Probate in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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If you’re behind on a debt or loan payments, you might be worried about the creditor repossessing something you own, like your car. Repossession is what happens when a creditor takes property put up as collateral because you’ve defaulted on the debt. Strict rules control what a creditor can and can’t take if you default. While credit agreements differ and laws vary from state to state, generally, creditors can repossess: What Items Can Be Repossessed?If you fall behind in payments for a secured debt or fail to comply with an important term of the security agreement, you’ve defaulted. In some cases, like if you let insurance lapse or you become insolvent, the lender might have the right to declare a secured debt in default, even if you’re current on payments. Under most security agreements, the creditor may then take the property you pledged as collateral without going to court and getting a judgment beforehand. Here are a few items that creditors can generally repossess if you default: What Items Can’t Be Repossessed?Creditors who don’t have a security interest in an item of property can’t take it without a judge or court clerk’s approval. Be aware, however, that the creditor can always sue you in court to recover the money you owe. If the creditor wins the lawsuit, it might be able to garnish your wages, put a lien on property you own, or seize and sell your personal property. How Can I Avoid Repossession?If you’re behind on your payments for a secured debt, it’s a good idea to communicate with your lender. Your lender might be able to offer you a solution such as a reduction in payment amount or interest rate that can help you catch up on your payments and avoid repossession. Two Types of RepossessionThere are two major types of repossession: voluntary and involuntary. How Repossession Impacts Your CreditRepossession hurts your credit score and can make your financial life more difficult for years to come. Any late payments leading up to the repossession will damage your credit score once they’re reported to credit bureaus. The repossession itself will be listed in the public records section of your credit report as well. If the lender obtains a deficiency judgment for the balance of the auto loan, that judgment will also go on your credit report. If the debt is sold to a collections agency, the new account will show up as a new entry on your credit report that will also lower your credit score. Repossession and the associated negative items will remain on your credit report for seven years, even for a voluntary repossession. You may be able to avoid repossession by catching up on your delinquent payments. Talk to your lender to find out how much you need to pay to bring your account current again. Late payment entries may still show up on your credit report. However, by catching up on your payments, you can avoid having your vehicle repossessed. If your loan payments are too high, consider refinancing into a new car loan with more affordable payments. The refinanced loan may lower your monthly payment with a longer repayment period, lower interest rate, or both. Because refinancing often requires you to have good credit, you should start trying to refinance your loan before you miss any payments. Missed payments may disqualify you for a refinance, or if you do qualify, the loan terms may not get you into a lower monthly payment. Repairing Your Credit After RepossessionHaving repossession will impact your credit significantly, but not forever. The impact on your credit score will lessen as time passes and as you make timely payments on your other credit obligations. Make Up the Late PaymentsJust because you are late on a payment does not automatically mean you are in default. Some agreements may state that you are in default if you are one day late with the payment. Other agreements may state that you are not in default unless you are 30 days late or more. Even if you are late, the loan might not be in default until the creditor tells you it is, usually in writing. If you are not yet in default according to your loan documents, you can head off repossession by bringing the loan current. Read your loan agreement carefully. When you do make up the late payments, make sure to include all applicable late fees and charges. If you do not, then you might be in default because you didn’t make the payments in the entire, correct amount. If you are habitually late with payments, you might be putting yourself at risk. On one hand, if the creditor consistently accepts payments, it might have legally waived its rights to declare a default. On the other hand, it is never a good idea to rely upon the creditor’s acceptance of future late payments because it may change its mind. Reinstate the LoanEven if you are in default, you might have the right to reinstate the loan. If you reinstate the loan, you can prevent repossession or, if the car was already repossessed, get the car back. With reinstatement, you bring the loan current by making up all of the past due payments, including applicable fees and late charges, in one lump sum. This is also called the right to cure the default. Not everyone has the right to reinstate, however. Some state laws provide the right to reinstate your car loan. Even if your state doesn’t provide for this right, your loan agreement might specifically state that it allows reinstatement. In many instances where reinstatement is allowed, you only get one bite at the apple. If you default again, you may no longer have the option of reinstating the loan. (Learn more about reinstating your car loan.) Redeem the CarAfter repossession, you usually have a right of redemption. This means that if you pay the entire outstanding balance due on the car loan, you can get the car back. The redemption amount, or “payoff,” often includes not just the outstanding principal and interest on the loan but also repo fees, storage costs, and perhaps even attorney fees. You don’t have a lot of time to redeem the car. Your right of redemption ends when the car is sold. Negotiate with the CreditorSometimes you can approach the creditor and negotiate an alternative way to get the car back or reduce or eliminate the debt. Some options include: Sell the Car YourselfTypically, a creditor will sell the car at a public auction or a private dealer sale, which don’t always realize the maximum value of the car. If you can sell the car to a buyer willing to offer more than what the creditor is likely to obtain at a dealer’s sale or auction, this may be the route to go. A creditor may be agreeable to this option because it saves on resale costs, such as advertising and storage fees. This can be a difficult option to exercise, as you only have a limited time to do so. The buyer must have the cash or financing readily available. More importantly, you need the creditor’s cooperation. The creditor can refuse to consent to the sale for the wrong reason, an arbitrary reason, or no reason at all. However, you may be able to use its refusal to cooperate as a basis for defending against any deficiency claim, especially if the creditor sold the car for less than what your private buyer was prepared to pay. Surrender the VehicleIf you are in default, habitually late on payments, or simply wish to get out from under the car loan, you may consider surrendering the vehicle to the creditor. Ideally, in exchange for your surrendering the car, the creditor will agree to waive or reduce the deficiency. The incentive for the creditor is the savings in time and money by not having to repossess the car itself. You should surrender the car only after you have reached an agreement (in writing) that settles the deficiency. If you surrender the car without some sort of waiver agreement with the creditor, then it may still pursue you for the entire deficiency balance. On the other hand, if the circumstances are such that the costs of repossession would be passed on to you anyway, then it might be better for you to surrender the car even without an agreement with the creditor, as a way of reducing your overall debt. Your personal, financial circumstances will ultimately determine whether surrendering the vehicle is in your best option. Bring Your Complaints to the Bargaining TableYou don’t have to wait for the creditor to sue you before trying to settle. If the creditor violated your rights with respect to the repossession and sale of the property, you may informally use your defenses (and potential counterclaims) to persuade the creditor to give the car back, reinstate the loan, redeem the vehicle or forgive or reduce the amount of the deficiency balance. Refinance the Car LoanThe creditor (or you) may offer to refinance the loan, usually for a longer term. Or you may find another lender willing to extend you credit to refinance this loan. While this is a tempting option, especially if the new installment payments are lower than the original payments, it might not be in your best interest in the long run. Some things to consider in refinancing the car loan include: Repossession LawyerWhen you need legal help with a Repossession in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Trademark Infringement On Social Media Utah Divorce Attorney Free Consultation Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/repossession/ Judiciary and Judicial Administration: Contents of petition1. The petition for termination of parental rights shall include, to the best information or belief of the petitioner: Parental RightsThe legal concept of parental rights generally refers to a parent’s right to make decisions regarding a child’s education, health care, and religion, among other things. If parents are separated or divorce, these rights can extend to custody and visitation. While these rights can be automatic in certain family structures, such as with married parents at the birth of the child, it may be necessary for a parent to petition a court for the rights, as in cases of disputed paternity. Parental rights can also be terminated, either explicitly or implicitly. A father who never claims paternity, or against whom paternity is never established, has no parental rights. A father can also voluntarily relinquish parental rights. A court can also terminate rights for either parent, against his or her wishes, in cases of abuse, neglect, and abandonment, or if a parent has a long-term mental illness, alcohol or drug impairment, or incarceration period. Parental LiabilityParents can also be legally responsible for their children’s behavior. State laws can vary, but from the time a child is around 8 years old and until he or she reaches the age of majority (18 in most states), parents could be subject to civil lawsuits or even criminal sanctions for the negligent or criminal acts of a child. In civil cases, if a child’s negligence causes an injury to another; his or her parents may be ordered to pay damages or restitution. In the criminal sense, parents could be punished for their children’s delinquency or absence from school, gun crimes, or Internet crimes. Like parental responsibility, parental liability can also be terminated. Normally, this occurs automatically when a child reaches the age of majority and is considered an adult in the eyes of the law. However, if a parent’s legal rights are terminated for any reason, their legal liability is normally terminated as well. There are two aspects to custody over a minor child: legal custody and physical custody. Legal custody is the legal authority to make decisions for the child such as where they will attend school, what religion they will be raised in, and when to obtain medical care. Physical custody is who the child lives with. There are two aspects to custody over a minor child: legal custody and physical custody. Legal custody is the legal authority to make decisions for the child such as where they will attend school, what religion they will be raised in, and when to obtain medical care. Physical custody is who the child lives with. If parents are getting divorced, a court will have to make orders allocating the parental rights and responsibilities. If the parents are not married, they may ask a court to make the same kinds of orders about their children as a court would make if they were getting divorced. Requirements When Filing for Joint Child CustodyWhenever you file for any type of joint custody (joint legal or joint physical custody) you must file a parenting plan. Failure to file a parenting plan can potentially be devastating. This is so because many custody battles end up in a temporary orders hearing where the court will implement a temporary parent-time schedule. If you are asking for joint physical custody, and the other parent has the children a majority of the time, and you have not filed a parenting plan, the court cannot technically award you joint physical custody. This would mean the court would award the other parent with primary physical custody, you would have less time with your children, your child support amount would be higher, and your case for permanent joint custody could be weakened. Getting deserved custody and parent-time with your children as fast as possible is paramount for any concerned parent. Because of this, you must be sure that you start your case out on the right foot. Making even basic errors can cause serious delay in getting the court to intervene and give you court orders protecting your custodial rights. There are benefits and downsides to filing pro se. For parents who want to file for child custody but who cannot afford a lawyer, filing pro se is a viable alternative. In addition, when you file without a lawyer, you learn a lot about the legal system, which can equip you to be your own best advocate. Still, seeking child custody is a stressful process, and navigating the legal system can require a steep learning curve. Not everyone has the time and emotional bandwidth required for representing themselves in court. If you decide to file pro se, here are some things to keep in mind. Before You FileFiling for child custody pro se requires research and planning. Parents who head into court solo should be prepared to pay close attention to detail, maintain meticulous paperwork, and understand the laws related to their case. Consider your bandwidth as you evaluate whether going through this process without the assistance of a lawyer is right for you. Consider Your OptionsBefore you go to court, think about how confident you feel about representing yourself. If you feel apprehensive, consider contacting a legal aid organization near you. Legal aid organizations offer free legal advice and representation to low-income individuals. They can be a great resource and may be able to give you further direction before going to court. If you decide to go ahead with representing yourself, give careful thought to all of your child custody options. While sole physical custody may feel like the best option to you because you don’t want to live apart from your kids or your ex is difficult to work with, remember that the court will consider the best interests of the child when ruling on custody arrangements. Try to think about your case from the perspective of the court and consider which custody options they might favor as being in your children’s best interests. Terminational Of Parental Rights ResearchLaws vary by state, so be sure to research child custody laws that will apply to you based on where you will be filing. The U.S. Department of Health of Human Services provides best interest standards by state. In addition to understanding best interest standards, make sure you have a solid understanding of the details, legal hoops, and fine print that could impact your case. Some things that could influence a child custody decision include: File a Petition for CustodyOnce you’ve considered your options and familiarized yourself with the laws in your state, it’s time to file a petition for custody. Again, laws and processes vary from state to state, but filing a petition is pretty similar in most states. Begin by contacting the family court clerk to obtain the proper paperwork. Typically, the court with which you must file will be located in the county where your child has lived for the past six months. Be sure to inform the clerk that you are filing pro se so that you access the correct forms. Sometimes forms can be accessed online or printed from home. In other cases, you may need to go down to the courthouse to obtain the paperwork in person. Legal aid offices may also have the forms you need. Serve the Other PartyAfter you have filed your paperwork, you’ll need to notify the other parent by serving them the court papers. Be sure to read your state’s court rules for child custody cases to find out what the exact rules of service are. Typically, papers must be served in person. Often, they may be served by a legal adult not related to the case. The rules accompanying your paperwork will state the timeframe in which service must occur. If you are unsure, ask the court clerk for assistance. Once you have served the other party, you must let the court know. This official notice is called proof of service. Proof of service forms can be obtained from the court. They detail how, when, where, and to whom papers were served. Keep Good RecordsMaintain clear, detailed child custody documentation. Keep a record of visits, phone calls, emails, and any other forms of contact between you and your children’s other parent and between your children and the other parent. As best as you can, stick to the facts and keep the language neutral. Attend Mediation and/or HearingBefore mediation or a hearing is scheduled, the court must wait for a response to your motion from the other party. Courts typically offer three to four weeks for the other parent to respond. If the other party does not respond, the court will usually offer a default judgment, meaning that they will rule in favor of the custody arrangement you have laid out in your petition. Once a response from the other party is received, the court will schedule a mediation or a hearing. Mediation In Family Law CasesYour state may require mediation before jumping straight to a hearing. Unless there is domestic violence or other abuse, mediation can be faster, less expensive, more cooperative, and eliminate the need for a court battle. Whether you attend mediation or a hearing (or both), be sure to pay close attention to all of the deadlines and dates related to your case. Many of the papers you will need to file will require follow up activities within a given time period. Keep all of your papers and materials organized so that you do not miss a single deadline. A Hearing In Your Family Law CaseOn your court date, arrive on time. In court, be polite and respectful at all times. Proper court etiquette includes addressing the judge as “Your Honor.” Never interrupt the judge, and if you are uncertain if you may talk, ask the judge if you may speak. Don’t allow the judge to see your anger and frustration. Instead, focus on being pleasant and attentive and presenting the facts of your case. When the hearing has finished, the judge will issue a decision on your case. A decision is often rendered immediately. They will also issue a written order. Make sure you obtain a copy of the written order and follow the order. Utah Code 78A-6-505 LawyerWhen you need an attorney to help you with Utah Code 78A-6-505, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you!
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Get Repossessed Car Back In Bankruptcy Utah Divorce Attorney Free Consultation Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-505/ It is important to remember that attorneys have no obligation to offer free consultations. Some may charge small fees for consultations, but law firms and lawyers offer free consultations primarily to attract new clients. This means the attorney is hoping to make a good impression so clients will hire him or her to handle their lawsuits. Potential clients should recognize the free consultation as the perfect time to ask several questions to determine if the attorney is right for the case. All potential clients must remember that a free consultation does not qualify as legal representation or legal advice. Legal representation starts when a client and an attorney sign a contract agreeing to representation, which may or may not happen after a consultation. During a free consultation, the potential client provides the attorney with facts about his or her situation, and the attorney interprets those facts and helps the client understand the legal implications. Utah Divorce LawyerOnce the attorney fully understands the client’s situation, he or she will likely provide a general summary of what to expect from the legal process and the most likely outcome of the case. Potential clients should remember that a lawyer’s interpretation of provided facts during a consultation does not constitute official legal advice. Legal advice is oral or written recommendations based on an analysis of the law concerning a specific situation. It is not the same thing as providing general legal information. During a consultation, an attorney may offer basic legal information about aspects of the client’s issue, but the attorney will only offer actual legal advice once he or she has entered into a contract with the client for official representation. Questions To Ask During Your Free ConsultationIf you are thinking of taking advantage of a lawyer’s offer for a free consultation, then it is likely you have some legal matter in mind that requires professional representation. It is crucial to take the consultation process seriously, so prepare a few questions in advance. • What type of success have you had in the past with similar cases? Your attorney will probably not offer specific details about past cases but may be able to provide you with a general understanding of the outcomes of similar cases he or she has handled in the past. Types of Legal FeesThe type of fee arrangement that you make with your lawyer will have a significant impact on how much you will pay for the services. Legal fees depend on several factors, including the amount of time spent on your problem; the lawyer’s ability, experience, and reputation; the novelty and difficulty of the case; the results obtained; and costs involved. There will be other factors such as the lawyer’s overhead expenses (rent, utilities, office equipment, computers, etc.) that may effect the fee charged. There are several common types of fee arrangements used by lawyers: In short, a legal consultation is an initial meeting with an attorney that takes place before you make the decision on whether to hire that attorney to represent you in your particular legal matter. Further, the attorney will also use the consultation in order to determine if they can legally and competently represent you based on the information that you provided them. It is important to note that an initial legal consultation does not mean that the attorney is officially representing you or has taken on your case. Generally, in order for an attorney to legally represent you, there must be a written representation agreement signed by both you and the attorney, or you must be able to prove that through their words or actions they consented to representing you. Before consulting with an attorney you should make sure that you properly prepare for the consultation by gathering any and all documents that are relevant to your case. It is important to bring every document you have for the attorney to review, as they will be able to properly determine which documents are relevant, and which are not. Documents that you should bring with you may include any of the following: • Costs: Importantly, an initial consultation will generally always include a discussion of the fees that an attorney may charge in order to represent you regarding your legal dispute. Attorney fee arrangements may be based on a contingency fee, a flat fee, or hourly fee basis. It is important to discuss an attorney’s fee arrangement during the consultation; and Will My Legal Consultation Be Confidential?The short answer is: yes. Another reason to be completely honest during a legal consultation is that legal consultations will always be confidential. This means that what you discuss with an attorney will not be discussed outside the meeting room. Once again, although an initial consultation does not form an attorney-client relationship, as that is not formed until there is a signed representation agreement, everything that you communicate with an attorney during a consultation will remain privileged and confidential, as if an attorney-client privilege had formed. Thus, you should provide the attorney with all of the information you have, whether helpful or harmful, so that they may properly evaluate your case. What Kind of Questions Should I Ask During a Legal Consultation?As mentioned above, every legal consultation will depend on the particular circumstances regarding your specific legal issue. Questions that you should ask during a legal consultation may include questions regarding the attorneys’ background and qualifications, the attorneys fee arrangement, and specific questions about your case. For instance, in a divorce case, you may want to ask the attorney what their legal strategy is for obtaining child custody or alimony. Further, you may want to know if you are able to evict your spouse from the marital home, or create a separate bank account. An initial consultation is a great time to figure out whether the attorney you are discussing your case with would be helpful or the right fit for your particular case. Free Consultation Utah Divorce LawyerWhen you need a law firm to help you with divorce in Utah, please 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
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Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-divorce-attorney-free-consultation/ If you are a disabled veteran or are on active duty, you might be entitled to special exceptions from requirements if you file bankruptcy. But if you’re like most, you want to know whether bankruptcy might affect your security clearance or, if you haven’t joined yet, your enlistment, before you take that step. While there is no hard rule that says your security, clearance will be affected by bankruptcy, large amounts of debt may. Your superiors will usually review issues with your security on a case-by-case basis, so it may be worthwhile to look into it with someone you trust. If you’re concerned you won’t be able to enlist, skip ahead to Will Bankruptcy Affect My Ability to Enlist in the military? Military Members and the Chapter 7 Means Test ExemptionTo qualify for Chapter 7 bankruptcy, you have to meet specific income requirements, and you’ll prove it by passing what is called the means test. You would typically include your military income in the means test. If you are a disabled veteran or are a member of the National Guard or Reservist, you might be exempt from passing the Chapter 7 means test. The exception is limited, however, and has several conditions you must meet. (If you’re not sure which chapter would be best for you, start by learning more about the differences between Chapter 7 and 13.) Disabled Veteran ExemptionIf you’re a veteran and have a disability, you don’t have to pass the means test if you incurred debts primarily during the following periods: Qualifying DisabilityTo take advantage of the means test exception, you must have a qualifying disability. You have a qualifying disability if: Active Duty: Limits and ExclusionsNot every disabled veteran who was injured while in the military will qualify for this exception. That is because the rules define “active duty” as full-time military service. It can include full-time training and attendance at military schools. Full-time National Guard duty is excluded from this definition. However, if you are in the National Guard, you could still be entitled to the means test exception on a different basis. National Guard or Reserve ExemptionIf you are a reservist or member of the National Guard, you might be able to opt-out of the means-testing requirement if: Veterans Benefits Might Be Exempt Assets in BankruptcyIf you receive veteran’s benefits, they might be exempt assets in your bankruptcy. If you live in a state that uses the federal bankruptcy exemption system and you choose to use the federal exemptions, then those benefits are exempt. If your state has opted out of the federal bankruptcy exemption system, then your state’s exemption laws might also protect your veteran’s benefits. Veterans benefits will be part of the income means test to determine your eligibility for bankruptcy unless you qualify for one of the means test exemptions discussed above. Pre-Bankruptcy Credit CounselingMost debtors are required to complete consumer credit counseling before filing bankruptcy. However, if you cannot complete the pre-bankruptcy credit counseling requirements because you are in a recognized military combat zone, then you are exempt from this requirement. Servicemembers Civil Relief ActThe Servicemembers Civil Relief Act of 2003 (“SCRA”) is a federal law that provides some protection to members of the military from debt collection actions. The SCRA prevents or postpones: Will Bankruptcy Affect My Ability to Enlist in the Military?A bankruptcy alone won’t prevent you from joining the military. But you must meet specific financial standards to enlist, and previous economic instability can be problematic. On the bright side, taking care of debt problems through bankruptcy can make someone a stronger military candidate. Finances When Enlisting in the MilitaryEach branch of the military has recruitment criteria that will consider your financial background. The requirements ensure that each branch complies with the Department of Defense requirement. The military examines your finances to ensure that you’re responsible, reliable, and trustworthy. Not only is it believed that financial background could contain indicators of these traits, but also that it’s essential to verify that you can live on a military salary. Another reason is that someone who struggles financially can be a security risk because of susceptibility to bribery and embezzlement. This factor will be scrutinized closely if a particular job requires a security clearance. Financial EligibilityAt some point during the recruitment process, the military will review your financial background. You might have to fill out an application for a Financial Eligibility Determination (FED). Some branches of service have stricter standards than others, and not all of them require you to fill out a form FED. During the FED process, or as a separate review, the military will examine your financial circumstances—including your credit history, current ability to pay your debts, and your ability to support yourself and your family. How Bankruptcy Might Affect Your Military EnlistmentIt’s not so much the bankruptcy itself that matters, but what it says about your financial circumstances and your character. Some bankruptcies might reflect negatively on the applicant; others might not. Bankruptcy Circumstances That Could Hurt Your Military ApplicationFiling for bankruptcy for less-than-honorable reasons can be a negative factor. Some potentially damaging bankruptcy issues could include: When Bankruptcy Might Help a Military EnlistmentStruggling to pay a debt that you can’t afford can mean years of delinquencies and negative items on your credit report. Often, bankruptcy can help someone improve credit history more quickly. By eliminating debts through bankruptcy, you can begin building a positive payment history and improve your debt-to-income ratio. If bankruptcy has helped you get your finances under control, and you demonstrate financial restraint after your bankruptcy, you might end up being a more reliable military applicant in the end. You’ll be less susceptible to corruption if you need a security clearance. Another way the military might also view your post-bankruptcy financial rehabilitation in a positive light is that it shows that you were able to solve your financial problems and are capable of self-improvement. Presenting Bankruptcy in a Favorable Light to RecruitersIf you filed bankruptcy in the past, use it to your advantage when you apply to enlist in the military. Explain to your recruiter and in the FED application, if applicable, the circumstances that caused you to file for bankruptcy. This could be especially compelling if you filed for a reason beyond your control, such as unemployment, divorce, death, or illness. If the circumstances were within your control, explain why they will not happen again. Most importantly, make clear that your past financial problems will not impact your service in the military. Will Bankruptcy Affect My Ability to Join the Military?Filing for bankruptcy won’t automatically disqualify you from enlisting in the military, and in fact, taking care of outstanding debt can be viewed positively. But, you’ll have to meet financial eligibility standards, and the circumstances leading up to your bankruptcy can affect: Bankruptcy and Your Security ClearanceWhether bankruptcy will have a negative impact on your security clearance or career advancement will depend on the branch of the military you want to join and the type of position you are looking for. Filing for Bankruptcy in the MilitaryThere are no legal restrictions that prevent military personal from filing for bankruptcy. While serving in the military, you have the same rights as a regular civilian to file for bankruptcy protection. When you join the military, there’s an expectation of you to maintain a decent standard of living. However, this doesn’t mean that you’re immune to financial hardships. Members of the military are often afraid of filing for bankruptcy because they are worried that it will interfere with their service or ruin their reputation. The reality is that you’ll be better off if you can maintain a strong financial situation. In fact, the military prefers that your finances be in order – even if that means filing for bankruptcy. Filing for bankruptcy can give you the opportunity to get back on your feet and can give you a fresh financial start. Servicemember’s Civil Relief ActThe Servicemember’s Civil Relief Act (SCRA) offers special protections when a member of the military files for Chapter 7 or Chapter 13 bankruptcy. These laws were put into place to help active military members focus on their duties rather than their financial situation. The SCTA gives courts the right to stay or postpone bankruptcy and non-bankruptcy proceedings while you are on active duty. The law is able to prevent a range of proceedings during the bankruptcy process that could be detrimental to members of the military such as default judgments related to the dischargeability of a debt, obligation discharge objections, debtor examinations and collection actions that may occur after the bankruptcy proceedings have finished. Special Protections and ExemptionsWhen civilians wish to file for Chapter 7 bankruptcy, they must pass the means test. The means test determines whether a debtor’s income is low enough to file for Chapter 7 bankruptcy. However, if you’re a disabled veteran, you may be exempt from passing the means test if your debts were mostly incurred during active duty or while performing activities related to homeland defense. If you’re a member of the National Guard or a reserve unit of the Armed Forces and were called to active duty or performed a homeland defense activity for at least 90 days after September 11, 2001, you may also be excluded from Chapter 7 means testing requirements. An experienced bankruptcy attorney will be able to help you determine whether you qualify for these special protections and exemptions. Filing for Bankruptcy May Affect Security ClearanceFiling for bankruptcy doesn’t automatically affect your security clearance. Whether your security clearance is affected depends on a number of factors including why you filed for bankruptcy, your job performance, your position in the military and more. Having large amounts of debt may affect your security clearance, but in some cases, filing for bankruptcy can help you because it shows you’re taking a step in the right direction. However, in order to see classified information, you will have to obtain high-level security clearances that require extensive background checks. Unfortunately, this could mean that bankruptcy will have a negative impact on your ability to work in these positions. If you’re serving in the military and are considering filing for bankruptcy, the best thing you can do is to meet with an experienced bankruptcy attorney. There are special protections and exemptions that exist for military personnel who are facing bankruptcy, and a bankruptcy attorney will be able to explain these to you. Military Bankruptcy LawyerWhen you need a Military Bankruptcy, 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
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Accident Attorney Salt Lake City 84118 Which Bankruptcy Clears All Debt? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/military-bankruptcy/ Judiciary and Judicial Administration: Petition–Who may file1. Any interested party, including a foster parent, may file a petition for termination of the parent-child relationship with regard to a child. Voluntary Termination of Parental RightsBecause of the term parental rights, some people may assume that parents can quickly sign away their rights. However, Utah courts weigh a parent’s desire to relinquish their rights against the child’s right to have two parents. As such, parents must have valid reasons in order to voluntarily terminate their parental rights and relieve them of their responsibilities. In general, courts are willing to grant voluntary termination of parental rights when it is for the purposes of adoption. For example, if a couple does not believe they can parent a child and wants another couple to become the parents, the courts will likely see that the child’s right to have parents is fulfilled and grant the termination. Step-parent adoptions in which one parent is absent may also give the court a reason to grant the order. Typically, a termination of parental rights means custody of the child will fall to the other parent, but could also be given o a step-parent or a grandparent. If no appropriate family member emerges to take custody of the child after termination of parental rights, the family court will most likely put the child in foster care. The state of Utah provides more protection for children than federal law and has laws that lay out more reasons why parental rights may be terminated. All family law courts in Utah aggressively make a child’s best interests the highest priority. When it comes to child custody and parental rights cases, the primary consideration of the court is the benefit of the child. In some cases, the court must involuntarily terminate a parent’s rights in order to keep a child safe. However, this is a serious order to make, so courts only do it in extreme cases. A parent can lose his or her rights if they: • Get convicted of certain serious felonies Utah is one of the states in which parents can seek the reinstatement of parental rights after termination. However, convincing a court to restore these rights is anything but easy. Only the child can petition to restore the parent’s rights–the parent cannot get the ball rolling. Furthermore, the child (with the help of a social worker or caretaker) must file the petition within three years of the original termination of rights, and the child must not have been adopted during that time. If a parent has corrected the issues that caused the termination of parental rights, and if the family court determines that reinstatement of parental rights is in the child’s best interests, the court might approve the child’s petition. If the child is older than 12 years old, they have the right to attend the hearing to speak about the termination or reinstatement of the parent’s rights. Finally, the court must see that the original issue that caused the termination has been resolved and that restoring the rights would be in the best interest of the child. Grounds for Terminating Parental RightsThe phrase “termination of parental rights” can be the most frightening words a parent can hear. Fears of losing a child to the system can push a parent to work on improving their situation for the child’s benefit. However, to some, termination brings relief, as the parent knows that they can’t provide for the child but may have been unable to reach out for help. Some parents voluntarily terminate their parental interest as they feel it’s best for the child. The parental rights termination procedure is perhaps one of the strongest legal mechanisms available to protect children in need. In many cases, a termination proceeding is a necessary precursor to the adoption of the child. In some states and cases, it’s possible to reinstate parental rights after termination or consenting to adoption. The exact grounds for terminating parental rights vary from state to state. The following list summarizes the major grounds for terminating a parent’s rights to his or her child. Common Grounds for Terminating Parental RightsChild Abuse Factors• Severe or chronic physical abuse of the child. Parental Factors• Long-term mental illness of the parent. Additional Factors• The child has been in foster care for 15 of the most recent 22 months, and the parent is still not ready for reunification. The Steps For Termination Of Parental RightsThe first step is to file a petition that includes the child’s birth name, age and date of birth, their current address or the county of residence if the child is in the custody of the state. That petition will also include: Terminating parental rights completely severs the rights, obligations and responsibilities of the parent or guardian and after their rights have been terminated, and the parent will have no further notice about the adoption proceedings, or have any kind of legal relationship with the child. When the petition is filed the Court issues a summons to the necessary parties. If a parent whose rights are to be terminated is incarcerated, they must also receive notice of the time and place of the hearing. Any parent, stepparent, grandparent, or other relative can allege child abandonment and file a petition to obtain custody. In addition, any interested party, even if not related to the child, can also file a petition to obtain custody alleging abandonment, if both parents have neglected, abused, or abandoned the child. If only one parent has abandoned the child, usually the person asking this question above will be the non-abandoning parent, usually the one who has custody. They can also file a petition to limit the child’s parent time, request that the other parent’s parent time be supervised, or request that the other parent have a parental fitness evaluation. If the custodial parent believes that sufficient grounds exist to terminate the other parent’s parental rights, and that it is in the child’s best interests to do so, then they also file a termination of parental rights petition. If that petitioning parent wishes their spouse, the child’s stepparent, to adopt the child, then with the termination petition they may also file a petition for adoption by the stepparent. Parental Rights LawyerWhen you need legal help with parental rights 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
Ascent Law LLC
The post Utah Code 78A-6-504 first appeared on Michael Anderson.
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Which Bankruptcy Is Better For Your Credit? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-504/ In Utah, United States, Adult Protective Services (APS) are agencies that provide protective social services to elderly adults (typically those age 60 or 65 and older) as well as vulnerable adults (typically those with serious disabilities). Adult Protective Service agencies are the adult equivalent to Child Protective Services and play a critical role in combating elder abuse or the abuse of other vulnerable adults. Such abuse can include neglect, physical abuse, sexual abuse, emotional or psychological abuse, abandonment, or financial abuse. According to the National Adult Protective Services Association (NAPSA), over the past several decades, Adult Protective Service agencies have developed from the ground up. They first emerged at the state and local levels and only recently received greater support from the federal government. Thus, the development of most Adult Protective Service agencies occurred before the benefit of federal coordination and also before the benefit of comprehensive research in the field of elder or vulnerable adult abuse, a more recent phenomenon. As of today, Adult Protective Services agencies exist in every state and are normally administered at the local or county level. Two-thirds of states place their Adult Protective Service agencies within their Department of Social Services. For the remaining states, Adult Protective Service agencies are placed within a state department on aging or health. In addition, while a few states, such as Ohio, limit Adult Protective Services only to the elderly, most states (90%) provide Adult Protective Service to vulnerable or dependent adults as well as the elderly. What Services Do Adult Protective Service Agencies Provide?Upon receiving a report of abuse involving an elderly or vulnerable adult, APS agencies typically provide the following services: Principles Guiding APS AgenciesAccording to the National Adult Protective Services Association (NAPSA, below are the main principles that guide APS agencies in the delivery of services to elder or vulnerable adults: Filing a Report with Adult Protective ServicesIf you file a report with Adult Protective Services, the details of the report will first be screened by a trained professional to determine whether Adult Protective Service has jurisdiction to move forward. If so, you can expect an APS caseworker to be assigned to investigate the case and establish a relationship with the potential victim. In some states, a caseworker is required, by law, to contact the potential victim in person within a certain number of days. Utah, for example, requires a caseworker to make such “in-person” contact immediately in cases of imminent danger or, for all other cases, within ten days. During the investigation, the caseworker will investigate the facts and, where appropriate, report any criminal activity to law enforcement. However, unlike a traditional law enforcement investigation, APS caseworkers are also specifically trained to develop a relationship of trust with the potential victim and to provide a case plan specifically tailored to the potential victim’s needs. While laws vary from state to state, some states allow for APS reports being submitted anonymously. Some states also protect the person making the report from civil and criminal liability, as long as the report was made in good faith. Such laws also protect those initiating reports from any professional disciplinary action. This is to encourage doctors or other medical professionals to report suspicions of abuse without fear of breaching any professional obligations of confidentiality or any privacy laws relating to medical records. To initiate a report of elder abuse or abuse of a vulnerable adult, contact your local Adult Protective Services office. the National Adult Protective Services Association (NAPSA) provides an APS locator on its webpage to assist in locating an office near you. Services Rendered By APSAPS can provide short-term (normally less than 30 days) case management services. In addition, APS can make service referrals to community agencies that can provide long-term support. Examples of these services are listed below. Types of Abuse For Adult Protective Services• Physical: e.g. Hitting, kicking, burning, dragging, over or under medicating What Are The Warning Signs Of Adult Abuse?These are some possible warning signs that abuse might be occurring to an older or disabled adult or that the individual is at increased risk for abuse. If you observe some of these occurring with an older or disabled adult you know, consider alerting County Adult Protective Services. When a report of abuse, neglect or exploitation is received, APS’s goal is to create a stable environment where the individual can safely function without requiring on-going intervention from the APS program. Services provided by APS include responding to reports of known or suspected abuse or neglect, conducting an investigation, and arranging for the delivery of services from available community agencies. APS is not intended to interfere with the life style choices of elders or dependent adults, nor to protect those individuals from the consequences of their choices. For this reason, an elder or dependent adult who has been abused may refuse or withdraw consent at any time to preventive and remedial services offered by an APS agency. However, APS is required to conduct an investigation when there is an allegation that a crime has been committed, regardless of whether the elder or dependent adult wants the investigation to go forward or not. Benefits to Reporting Abuse• The elder or dependent adult will be given options to keep him/her safe from harm Failing to Recognize Signs of AbuseMany family members, friends, or even nursing facility staffs don’t know how to identify the signs of possible abuse or what they should do if they have reason to believe that an elderly adult is being abused. Red flags that may indicate abuse include: Fear of RetributionWhile declining cognitive abilities may leave many elders unable to report abuse, another reason elders may be reluctant to talk about what is happening to them is fear of retribution. This is true for abuse in home settings as well as in skilled nursing facilities. This may be particularly true if the abuser is the elder’s primary caretaker. In institutional settings, fear of retribution may also cause residents to feel uncomfortable about reporting abuse that they witness other residents experiencing. It is hard to report abuse by someone upon whom you are completely dependent. Some of the questions an elder may be asking themselves include: Adult Protective Services LawyerWhen you need legal help with APS 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
Ascent Law LLC
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How To Find The Right Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/adult-protective-services/ Churches and church activities entities can be public charities, religious organizations, private foundations, social welfare organizations, child care facilities, food banks, hospitals, schools at all levels including colleges and universities, and trade associations. Business is formed for profit or nonprofit purposes. Churches generally operate as nonprofit entities. The monies the religious organization raises are not distributed to shareholders but instead are used to fund programs and outreach activities consistent with the tenets of the faith involved. Church LawThe formation and dissolution of a nonprofit organization is just like the formation of a for profit business. The religious organization must complete the following steps: Legal Representations Of Churches ServicesReligious organizations offer many services to their communities. Some of the activities are directly related to the church and operation of the church, while others involve the community outreach. Because of the diverse and varied nature of church activities law firms that represent churches assist churches with the following transactions: Reasons Church Need An Attorney• Every new church planter should talk to a lawyer familiar with churches, and ask about forming a corporation or similar entity. The legal risks are too high and the solution is relatively easy. • If the sexual misconduct includes any person under 18 or over 65, contact an attorney immediately. In many states, ministers and other authorities are required to take very specific steps in a short timeframe. An attorney can make sure it is implemented properly. When Does A Church Need An Attorney?When someone is starting or joining leadership in a religious institution, legal considerations are often towards the bottom of the priority list. However, religious institutions of all faiths need to be aware of areas where they may need advice from a licensed attorney in order to best serve their membership and carry out their faith. Here are some of the most common areas where a church or other religious organization should consult an attorney.• Governing Documents: The majority of religious organizations operate under the direction of one or more governing documents. It is absolutely vital that these documents be kept up to date and reviewed on a regular basis. An attorney will be able to provide valuable advice and suggestions about what to include in these documents to give the maximum protection to the organization. Law Of Church Governance And Property DisputesProperty and governance issues are often at the forefront in a church dispute: There are some general steps that apply to each case: Church Attorney In UtahWhen you need legal help for a church in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Representing Churches In Utah first appeared on Michael Anderson.
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When Should You Consider Bankruptcy What Is Due Diligence When Buying A Business? Salt Lake City Real Estate Attorney How To Find The Right Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/representing-churches-in-utah/ Utah Code Title 78A-6-503: Judicial process for termination, Parent unfit or incompetent and Best interest of child• For this reason, the termination of family ties by the state may only be done for compelling reasons. Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s child. • The court shall provide a fundamentally fair process to a parent if a party moves to terminate parental rights. • For these reasons, the court should only transfer custody of a child from the child’s natural parent for compelling reasons and when there is a jurisdictional basis to do so. Additionally, the integrity of the family unit and the right of parents to conceive and raise their children are constitutionally protected. A child’s need for a normal family life in a permanent home and for positive, nurturing family relationships is usually best met by the child’s natural parents. It is in the best interest and welfare of a child to be raised under the care and supervision of the child’s natural parents. Termination of parental rights is a court order that permanently ends the legal parent-child relationship.This type of order terminates rights such as inheritance, custody, and visitation, as well as responsibilities such as child support and liability for the child’s misconduct. Parental rights can be terminated voluntarily by the parent(s) to allow an agency, independent, or stepparent adoption to take place. Parental rights may also be terminated involuntarily when the court finds one or both parents to be unfit. In general, the court will only order the termination of parental rights if someone else is prepared to assume those rights, usually by adopting the child. The court will not order the termination of parental rights if that would leave the child with only one parent responsible for care and support. Juvenile Dependency CourtThe child becomes a ward of the court when someone (usually CPS) reports mistreatment. Termination is involuntary when the court finds that the parents have abused, neglected, or abandoned a child, and/or that the parent suffers from some mental or physical incapacity, including substance abuse, that prevents them from caring for the child. Parental rights are terminated in these situations so that the child may be adopted. Family Court Adoption Proceedings LawyerBoth birth parents may voluntarily terminate their parental rights when relinquishing the child for an agency or independent adoption. Termination is with the consent of the non-custodial parent, or without their consent if the court finds that the parent has willfully abandoned the child. The father’s parental rights can be terminated without his consent if the court finds that his continuing relationship is not in the child’s best interest. Termination of parental rights is seen by the courts and should be seen by litigants as an extremely serious matter. As a biological or adopted parent of a child, one has certain rights that cannot easily be taken away. While you may feel that your deadbeat ex isn’t worthy of the privilege of time with your child, the courts look on the matter differently, taking a child’s needs and well-being into account over a parent’s personal grievances. “Parental rights cannot be terminated in family court at the request of one parent simply because the other parent is a ‘bad parent.’ The inclination of the court is always to preserve the parental relationship if possible. However, that in extreme cases of abuse or neglect, parental rights may be terminated. “These cases are not initiated by one parent or the other. These cases fall under the jurisdiction of the juvenile dependency courts and are generally referred by child protective services. Revoking parental rights, awarding sole legal and physical custody to the complaining parent is akin to the death penalty of parenting, as it strips full decision-making authority and eliminates parenting time for the other parent. Consequently, modifications in child custody and parenting time are more likely to be the legalities that are adjusted when one parent questions the other’s dedication to their children. And even when parental rights are terminated, the banished parent might subsequently regain his or her rights. It’s critical to understand exactly what you’re giving up by pressing to terminate parental rights. While your life may be easier without the stress of your fellow parent’s behavior in the picture, there is the financial aspect to consider. “You are also terminating their parental responsibilities, including financial child support, and the child’s right to potentially take under a parent’s will or under state intestacy laws.” Keep in mind that to win a case to terminate parental rights, you’ll need to present very persuasive evidence to the court, such as lack of contact, lack of support, abandonment, abuse, neglect, ongoing indifference, or failure to care for the child. You’ll have to show that the other parent is a danger to the child or is actively trying to destroy the relationship between the child and the custodial parent. For instance, if the non-custodial parent is trying to alienate the child from the custodial parent, the court could very well terminate all parenting time for the non-custodial parent and keep that parent out of the decision-making process for the child. But even such evidence might not be sufficient. Any shred of hope in the parent-child relationship wills most likely result in a denial of the request to terminate parental rights.” Stepping Into A New RoleTermination of parental rights may be slightly easier to achieve if the request is made in the context of an adoption, where a stepparent comes in to take the place of the biological parent. There are still hoops to jump through to achieve termination of parental rights before a stepparent can adopt a child. The parent requesting termination must prove that the other parent has completely failed to contact the child, has failed to financially support the child, or has abandoned the child, or that the other parent is unknown and cannot be found. When you’re locked in a child custody battle with your former spouse, you want to ensure that you conduct yourself in a positive way to improve your chances of getting preferential custody. Even if you are an excellent parent, you need to prove it in a court of law if you want to see your children, and your word alone isn’t enough to satisfy a judge. In order to reach the best possible outcome, you need to not only prove that you are an excellent parent, you need to illustrate that your former spouse is a less dependable choice. As a parent, you must always be cognizant when keeping records for your children. If you don’t practice careful recordkeeping, your children will be at a disadvantage when it comes to school, health, and overall happiness. Loving parents are always involved in every aspect of their children’s lives, and they have the documents to prove it. Keep a file of the following records to prove that you are a great parent: Perhaps you can tell a story about a time when you were there for your children when your spouse was unavailable or maybe you can detail some of the important and unique connections you share with your children. Either way, you want the judge to perceive your relationship with your children as vital to their well-being and development. In the context of family laws, an “unfit mother legal proceeding” is a legal proceeding in which a mother’s ability and willingness to raise a child or children is examined by the court. Generally speaking, any parent or guardian can be deemed unfit based on their actions or conduct. However, these proceedings are called “unfit mother” proceedings because, in a disputed custody situation, the biological mother is traditionally granted custody unless otherwise specified. State laws may differ with regard to these proceedings, but if a father, mother, or legal guardian of a child is deemed to be unfit, it may result in various consequences. These are broadly intended to place the child in a better position of care. These consequences may include: In cases of serious or ongoing abuse, criminal charges can also result. In order to deem a parent unfit, the court first needs to be provided with sufficient evidence in support of such accusations. This can come in various forms including witness testimony, police reports, school reports, and other sources. Also, courts may also examine the mental health and physical state of the child as part of the analysis. If there is no basis for such a ruling, then the court will generally dismiss the accusation of being unfit. In fact, many frivolous legal proceedings involve false accusations of unfit parenthood by the other parent. Filing a frivolous legal claim can result in serious negative legal consequences for that parent. In recognition of these types of concerns and issues, courts will make all custody decisions using the child’s best interest standard. This means that they will examine all evidence and circumstances in order to create the parenthood arrangement that most benefits the child. Can a Non-Parent Become a Child’s Guardian?In some cases, the court may need to appoint a person who is not the child’s biological parent to step in and become the child’s legal guardian. This can happen in a wide range of circumstances, and can involve many different situations. A non-parent may be appointed guardian in situations such as: In many cases, courts may often appoint the grandparents of the child to be the legal guardian or guardians. This is because in many instances, the grandparents already have a previous relationship to the child or children, and are often in a position financially to provide for children. Unfit parent proceedings can involve some major legal decisions and issues that can determine the child’s upbringing. You may need to hire a child custody lawyer in your area if you or a loved one will be involved in any type of unfit parent determination. Your attorney can provide you with legal advice and research to determine what types of legal rights you have. Also, if you need to file a claim or if you need to appear in family court, your lawyer will be able to represent you during the process as well. 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
Ascent Law LLC
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When Should You Consider Bankruptcy? Salt Lake City Criminal Attorney Family Attorney Salt Lake City How To Find The Right Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-503/ Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together. Filing the Divorce PetitionWhether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: Moving The Court for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. If you need a temporary order but didn’t file your request at the time you filed for divorce, you’ll need to apply for temporary orders as quickly as possible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. Serve Your Spouse and Wait for a ResponseAfter you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Service of process can be easy, especially if your spouse agrees with the divorce and is willing to sign an acknowledgment of service. However, some spouses, especially ones that want to stay married or make the process complicated, can be evasive or try anything to frustrate the process. The easiest way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in delivering legal documents to difficult parties. The cost is usually minimal and can help prevent a delay in your case. If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney’s office. The party who receives the paperwork (usually titled “defendant” or “respondent”) must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a “default” judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce (if a fault divorce), the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues. v Mediation to Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. Quick DivorceIn many states, an expedited divorce procedure is available to couples who haven’t been married for very long (usually five years or less), don’t own much property, don’t have children, and don’t have significant joint debts. Both spouses need to agree to the divorce, and must file court papers jointly. A summary (sometimes called “simplified”) divorce involves a lot less paperwork than other types of divorce; a few forms are often all it takes. For this reason, summary divorces are easy to do without the help of a lawyer. Uncontested DivorceIn terms of dealing with the court process, the path that normally generates the least amount of stress is an uncontested divorce. That’s one in which you and your spouse settle up-front all your differences on issues such as custody and visitation (parenting time), child support, alimony, and division of property. You’ll then incorporate the terms of your settlement in a written “property settlement agreement” (sometimes called a “separation agreement”). Once your case is settled, you can file for divorce with the court. Courts almost invariably fast-track these types of cases, so you can get divorced in a relatively short period of time. In some states, you may not even have to make a court appearance, but rather can file an affidavit (sworn statement) with the court clerk. Default DivorceA default divorce occurs when you’ve filed for divorce, and your spouse doesn’t respond. You’d likely see this, for example, if your spouse has left for parts unknown and can’t be found. Assuming you’ve complied with the court’s rules and regulations, a judge can grant the divorce despite the fact your spouse hasn’t participated in the court proceedings. On its face, this may seem like the ideal situation. No one is there to contest what you’re asking the court to give you. But be aware that there are pro and cons to a default divorce. Contested DivorceIf you and your spouse are at loggerheads over one or more marital issues, to the point that you can’t come to an agreement, then it will be up to a judge to decide those issues for you. This is what’s meant by a contested divorce. Contested divorces are stressful, time-consuming, and expensive (think mounting attorneys’ fees). You’ll go through a lengthy process of exchanging financial and other relevant information, mandatory settlement negotiations, and court hearings for temporary relief, such as interim alimony, for example, if warranted. And if you can’t resolve the case after all that, there will be a court trial. The burdens of a contested divorce are why the vast majority of divorce cases ultimately settle at some point before trial. Fault and No-Fault DivorceThis refers to the grounds (reasons) on which you’re basing the divorce. Your state’s laws will set out the permissible grounds for divorce. In the not-too-distant past, people who wanted to dissolve their marriage had to show that the other spouse was guilty of wrongdoing, such as adultery or cruelty. Needless to say, accusing your spouse of misconduct could make for quite a contentious divorce. Now, however, all states offer some form of “no-fault” divorce. In a no-fault divorce, instead of proving that a spouse is to blame for the marriage failing, you merely state that you and your spouse have “irreconcilable differences,” or have suffered an “irremediable breakdown” of your relationship. Mediated DivorceBefore filing for divorce, options are available to you if you need assistance in trying to resolve your differences. These are referred to as “alternative dispute resolution” (ADR) methods. One of those is divorce mediation. Here, a trained neutral third party (the mediator), sits down with you and your spouse to try to help you resolve all of the issues in your divorce. It’s not the mediator’s job to make decisions for you. Rather, mediators offer guidance and help you communicate with each other until; hopefully, you reach a meeting of the minds. A successful mediation usually ends with the preparation of a property settlement agreement. Collaborative DivorceAnother ADR option is “collaborative divorce”. This entails working with lawyers who are specially trained in this method of settling divorces. The spouses hire their own lawyers, each of whom is obligated to work cooperatively, with the sole purpose of trying to settle your case. Each spouse agrees to disclose all the information that’s necessary for fair negotiations, and to meet with each other and both lawyers, as often as necessary, to attempt to reach a settlement. You all must agree that if your divorce doesn’t settle through the collaborative process, your original attorneys will withdraw and you’ll have to hire different attorneys to take your case to court. This is done to ensure that all participants, including the attorneys, are acting in good faith, with nothing to gain from veering away from the goal of settlement. Divorce ArbitrationIn states that allow it, a third form of ADR is “divorce arbitration”. This option is the most similar to a trial, because the arbitrator (usually an attorney or a retired judge) will make a decision on your marital issues, after being presented with the facts of your case and reviewing the documentation you would ordinarily produce at trial. The benefits of arbitration are that it’s typically conducted in an informal and thus less intimidating setting than a courthouse (usually the arbitrator’s office) and, as with the other forms of ADR, allows you the flexibility of picking meeting times that fit your schedules. This makes it more cost-effective than having to make court appearances, which often involve sitting around racking up attorneys’ fees while waiting for a judge to become available. Utah Divorce LawyerWhen you need to get divorced 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
Ascent Law LLC
The post How To Find The Right Divorce Attorney first appeared on Michael Anderson.
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Rogelio MillsSpent the 80's lecturing about love for the underprivileged. Enthusiastic about getting my feet wet with circus clowns in Orlando, FL. Spent a weekend developing strategies for saliva for the government. Archives
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