My Spouse Left The State With My Child What Do I Do?

my-spouse-left-the-state-with-my-child-what-do-i-do

It is not uncommon that after a marriage breakup, one of the parents might move out of state with the child(ren). If both parties consent, then there is no problem. If your spouse or partner makes the unilateral decision to move out of state, as you can imagine, the stress, fear, and anger you likely will feel can be overwhelming. There are few things during divorce that can be as scary. But be assured, that with the help of an experienced attorney on your side, you can get your child back. Whether they know it or not, the moving parent could be making a costly mistake that will haunt them as the custody battle goes forward. They may be jeopardizing their future custody relations with your child or children.

What Happens If The Other Parent Has Already Left The State?

Along with the complaint for custody and an emergency motion, there is a writ you can request which commands that the child be immediately returned to their home state. If the other parent remains out of state during the pendency of the custody case, you will most likely be granted temporary custodial parent status until a final decision is reached on permanent custody. The court will defer to the status quo and keep the child in the home state rather than cause more disruptions to the child’s routine. To remove children from their school, friends, and life as they know it, can be very traumatic for children. Therefore, the court will be hesitant to allow this to happen without a full custody trial. Since no two cases are ever the same, nothing is guaranteed. Like most situations, when it comes to legal decisions by the court, there are other factors that must be considered. For example, whenever the court makes a decision regarding a child, the court always must consider whether the decision is in the child’s best interest.

As mentioned above, there can be negative consequences for the parent who attempts to move the child out of state. One such example may be that the moving parent has demonstrated that they will put their personal interests above the best interests of the child or children. When a parent is willing to abruptly uproot the children away from their other parent that shows a total lack of regard for the critically important relationship the children has with each of their two parents. There is a consensus that it is better for a child to have a close and loving relationship with two parents. So if a parent disrupts that parent-child relationship, there must be a very good reason, otherwise it may backfire on them.

What Happens If You Do Nothing?

If your spouse or partner moves the children out of state and you do not immediately seek relief from the court, it creates an image that you may have consented or acquiesced the move. After a few months, if you try to convince the court that the move was damaging to your child(ren), the court may dismiss the motion on the grounds that if there was strong concern, you would have come to the court immediately. If you file immediately for an emergency custody order, it strongly supports that the other parent’s unilateral move of the child was not in the child’s best interest and clearly was not consented to by you.

Even if the move is agreed upon by both the parents, it is still advisable to seek temporary custody and visitation rights before the action. In this situation, if you need assistance in creating a viable temporary access order, contact an experienced and reputable family law attorney to help protect your custody and visitation rights during and after the litigation process.

What Should You Do If Your Spouse Leaves with the Children?

You have specific rights as a parent and you need to protect them immediately if your spouse leaves with the children. If you simply allow this to happen without any recourse, you may actually lose your rights when the divorce and custody case go in front of a judge. To protect your rights, immediately contact a Family Law attorney specializing in divorce and custody cases. The most important thing to do is to ask quickly – if you take weeks or months to act, the court will view it as if you don’t really care that much and it makes it look like you are just ‘going through the motions.’ Act fast, and demand that your children be returned to your care or that you are given equal parenting time with them. Nothing destroys a case better than not acting soon enough, especially if a parent takes the children out of state.

Get an Agreement in Place – your attorney should contact your spouse’s attorney immediately to begin working on an agreement. If you just show up and take the children, it could turn into a legal mess for you, so be patient and leave it to the attorneys. At the very least, the contact is documented so the courts will know you simply did not allow this to happen and that you are very interested in remaining in your children’s lives. Make the agreement reasonable and the chances that you will find common ground are higher than if you make a demand that seems too off-balanced in your favor. Ask for 50/50 parenting time and negotiate from there.

Create Visitation Schedule and Stick to It – the time you spend with your children will be scrutinized heavily during the divorce process. If you plan to fight for custody, make sure you are still involved in all parenting decisions for your children. You also need to make sure when the children are with you, you are there for them. Do not just pick them up and put them under the care of sitter, family member, or friend. Be there as their father/mother and spend quality time with them. This will matter when the case goes in front of a judge. In addition, do not miss any scheduled visits. If you have agreed to a schedule, stick to it so missed times cannot be used against you during the custody hearing. Be on time, be engaged with your children, and unless you are taking pictures or videos of the children having fun with you, keep your phone in your pocket.

What Happens When One Parent Wants To Move Away With The Children?

Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children. But it is not always clear whether a custody order is permanent or temporary, so what the law requires may be different in your case. Talk to a lawyer to make sure you understand how the law applies to your specific circumstances.
If the parents have joint physical custody of the children and 1 parent does not want the child to move, the parent that wants to move with the children must show the court that the move is in the best interest of the children.

Keep in mind that, although the physical custody label (“joint” or “sole”) you agree to in your parenting agreement is important, if there is a dispute, the court will usually look at the actual parenting schedule at the time of the move, rather than rely on the schedule the parents put in their parenting agreement.

If you are worried that the other parent may want to move away with your children, or if you think you may want to move away with the children, talk to a lawyer before you make a parenting plan to make sure your plan protects your rights as much as possible.

Staying Close To Your Children If They Move Away With The Other Parent

You can make a parenting plan that takes into consideration that your children are moving away and changes the visitation so that you can still have quality time with your children. Click for help with parenting plans.
Also, thanks to the Internet, there are other ways for you to stay connected to your children, not just e-mail. There is something called “virtual visitation” that helps you have “visits” with your children through web-based camera-computer technology.

Can I Move My Children Out Of The State?

The answer to this question is very complicated and may depend on many different factors. We strongly suggest talking to a lawyer for specific legal advice on your situation. The laws on parental kidnapping also known as custodial interference, child concealment, or parental abduction, are different in each state. In some states, it may be against the law to take children out of state only if it violates a custody order or if there is an active custody case pending. In other states, the act of taking the children out of state itself may not be illegal unless the parent hides (conceals) the children from the other parent. Other factors that may be considered are whether the parents are married and considered to have equal parental rights or, in the case of unmarried parents, whether the father’s paternity has been legally established. Additionally, there may be a big difference between if you are planning a short trip out of state or if you are intended to move out of state long-term.

Again, please talk to a lawyer in the state you are thinking of leaving from who understands custody laws and criminal laws to determine what your state’s laws are and how they might apply to your situation.

Can I Get Temporary Emergency Custody Before Or After Moving With My Child?

If you are applying in a state where you and the child have recently arrived:

Under a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), you can apply for temporary emergency custody in a state that is not the “home state” of the child if:

The Child Is Present In The State And Either: The Child Has Been Abandoned; Or It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

Emergency jurisdiction is a temporary solution designed to protect children who are at risk of abuse or mistreatment. Only the state with “preferred jurisdiction,” usually the home state, can issue or change a long-term custody order. If cases regarding the same child have been filed in two different places, the judges are required to communicate with each other to decide which state will keep the long-term custody case.

The Other Parent Is Threatening To Charge Me With Parental Kidnapping If I Leave The State. What Can I Do?

If you have not left the state yet or you have left but have not been charged with kidnapping, we strongly suggest that you talk to an attorney who specializes in criminal laws in your state. Hopefully, the attorney can advise you on whether or not you are in danger of committing parental kidnapping if you leave and what possible court actions you can take before leaving to do so legally. If you have left, you can ask about what steps you can take to try to avoid being charged with parental kidnapping.

In some states, if you are criminally charged but you are fleeing a pattern of domestic violence or to protect a child, then you may have what is called an “affirmative defense” to the charge of parental kidnapping – but this can depend on your state’s laws and your specific situation. If you have enough evidence to prove this defense, you might be able to avoid being convicted. However, it may not prevent you from being arrested and charged with the crime and you can still suffer all of the consequences that could come with being arrested, such as losing custody. If you are fleeing domestic violence or to protect your children, it may be a good idea to collect evidence of the abuse before you leave, if at all possible, depending on your situation. Evidence of domestic violence or child abuse may include proof of calls to 911, police reports, medical reports, criminal convictions of the batterer, proof that you have seen a counselor and tried to get help, testimony from family, friends, or other witnesses, or anything that is evidence of an ongoing abusive relationship. Note: In some states, there are specific conditions you need to meet before or immediately after you flee to take advantage of these legal protections.

For example, some states require a victim of domestic violence to make a report to law enforcement before leaving the state to avoid being charged with a crime. You can ask an attorney in the state you left from for this information. A few states do not apply their parental kidnapping laws to victims of domestic violence, which is why it is important to speak to a lawyer in your state to understand what the laws in your state require.
Again, we strongly recommend that you talk to an attorney in Utah who understands domestic violence, custody and your state’s criminal laws before you make a decision.

Child Custody Lawyer

It’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!

Michael R. Anderson, JD

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

Telephone: (801) 676-5506


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Usually when you hire an attorney, it’s to avoid being drained financially by an ex-spouse, former business partner or adversary who wants to sue you. But what do you do when you need a lawyer to protect your assets and paying for one is out of the question? In a criminal proceeding, if you can’t afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative.

Here’s how to find legal help if you can’t afford a lawyer:
• Contact the city courthouse.
• Seek free lawyer consultations.
• Look to legal aid societies.
• Visit a law school.
• Contact your county or state bar association.
• Go to small claims court.
Depending on your situation, you can employ a variety of strategies to get free legal advice or cheap legal assistance.
Contact the City Courthouse
Whether it’s a divorce or you’re being taken to court for something else, if you don’t have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to.
Seek Free Lawyer Consultations
Some attorneys will offer free consultations usually by phone or videoconference. You aren’t likely to come away feeling like you’re ready to try your first case, but even if it’s just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you’re in for. You might also be able to get some direction as to who can help you for free or a bargain basement price.

You could also consider hiring an up-and-coming law student to give you advice. Many law schools have pro bono programs in which law students can offer free legal advice.
Contact Your County or State Bar Association
You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they’ll answer legal questions for free. If you need advice that doesn’t fit in that window, the association offers a 30-minute consultation with an attorney for $30, and for certain topics for instance, pertaining to Social Security, unemployment, workers’ compensation and personal injuries, among others – they’ll offer the 30-minute consultation free of charge.
Go to Small Claims Court
Unfortunately, this isn’t a viable option for everyone. For instance, you can’t go to small claims court if you’re trying to work out your financial affairs after a divorce. But if the stakes are fairly low where someone owes you money or is trying to collect money from you, and it isn’t worth risking lawyer fees, you might consider small claims court.
Do I Need a Lawyer?
After looking around and talking to enough attorneys or law students, you may decide that you do need a lawyer and the more you look around, you may find one who will work with you on a small budget. It’s worth asking around because you may find that the fees aren’t as high as you fear, especially if you can get them capped. An attorney might give you a discount. Also, many attorneys offer payment plans, so that you’re paying monthly instead of one huge sum all at once. Of course, you could hit the jackpot and find a pro bono lawyer, or you might find someone willing to take your case on contingency. That is, if you lose your case, you won’t pay money, but if you win, the law firm will take a portion of the money awarded to you. However, it’s important to tread carefully before picking a lawyer. Choose a reputable attorney and make sure the rate is agreed upon before the lawyer takes your case. And don’t be too shocked if an attorney turns you down. It’s risky for lawyers to take cases on contingency, and they need to be confident a judge or jury will side with you, and that there’s going to be something sizable awarded to you.
How Much Does a Child Custody Court Case Cost?
Custody Battle Cost
The cost of a child custody court case can range anywhere from $3,000 to $40,000-plus according to most sources. Why such an enormous range? Because there are so many factors that impact how much a case will cost.
The two factors that will have the most impact, include:
• The attorney you hire
• If your custody case is contested or uncontested
How much does a custody lawyer cost?
Attorney fees can range anywhere from $85 to $400 or more per hour depending on the experience level of the lawyer you hire, their reputation, and their track record of success in litigating child custody cases. Attorneys can bill for their services in several different ways. A straightforward hourly billing process is standard, meaning you pay-by-the-hour for any time the attorney spends on your case, which means every phone call, email, meeting, and court appearance about your case will increase your bill. Some lawyers will bill a flat fee for child custody services. If the case is simple and straightforward, the flat fee will likely be less than a complex or contested custody case. A typical flat cost can range from $3,000 to $20,000. Finally, some lawyers charge on a retainer basis. A retainer is a fee paid in advance to the lawyer for handling your case. The lawyer draws from this retainer to pay his or her expenses as the case proceeds. If the case is finished quickly, depending on your agreement, you may be refunded remaining funds left in the retainer. If the retainer is used up before the case is settled, you will be required to make an additional payment. It’s essential to understand what is included in your attorney fees. Other items that attorneys may charge for include travel expenses, paralegal services, copying, faxes, and more. Make sure your contract is clear about how billing works, so you are not surprised by fees you didn’t expect.

Contested or Uncontested Case
The other major factor that impacts how much your child custody case will cost is whether your case is contested or uncontested. Having a contested case means that there is a dispute or challenge about how the custody of the child will be handled. For example, if one person is determined to have sole custody and refuses to cooperate or compromise, the case will proceed to a full-court trial, which will then require depositions, court time, possibly specialists or expert witnesses, and much more.
Other Child Custody Fee Factors
Other factors that may impact how much your child custody court case will cost include:
• The state where you live.
• If you need assistance negotiating or compromising on specific terms within your child custody agreement or parenting plan, you may need a mediator or arbitrator. Those costs can range from $100 – $300 an hour.
• If you require a custody evaluation done by an expert such as a child psychologist, these experts can cost anywhere from $1,500 – $6,000 or more.
• You may incur fees for miscellaneous items such as paying the sheriff or third-party to serve paperwork, court filing fees, subpoenaing bank records, or other documents.
Usually, each party in a child custody case is responsible for paying their legal fees. A judge might make an exception if one party makes substantially more money than the other, or if one party cannot afford legal representation. Some people may be entitled to legal aid or a pro bono attorney depending on their income level. While the thought of hiring an attorney and paying legal fees may seem daunting, in some child custody cases, it may be one of the best investments you ever make if it ensures the best situation for your child. Many attorneys will allow you to schedule an initial consultation at little or no cost so that you can learn more about your options.
Know Who You’re Dealing With
Many lawyers specialize in a particular area of the law. Be sure your attorney has relevant experience. An attorney who regularly drafts wills may not be the best choice to represent you in a courtroom if the subject is an auto accident. If family, friends or co-workers have hired a lawyer for a similar reason, ask them for recommendations. If not, check with your state and local bar associations. Some groups offer lawyer referral services for their members.
Do Your Research
Try to talk with more than one lawyer before you choose the one to represent you. But find out if you will be charged for an initial meeting. Be prepared to describe your problem in a brief, clear summary. Ask the various lawyers about their experience, their fees, what your options might be, and your chances of success, who will do the work, and when the problem might be resolved.
Know the Real Deal
Once you decide to hire a lawyer, be sure you understand what you’ve both agreed to. How often will the lawyer update you? What information will you are required to provide? Do you understand all your options? What will the total cost be? If you’re not clear on exactly what the lawyer is doing, ask for clarification. Although your chances of success can’t be guaranteed, discuss approaches to your case. You should be comfortable with your lawyer’s approach to your case. Be up front with your lawyer on all the facts and circumstances surrounding your situation. You may want to get the agreement with your lawyer in writing.
Payment Arrangements
Remember the most expensive lawyer is not necessarily the best one for you. Nor is a “bargain” rate always a great deal. Look for the best balance of experience and cost. You may want to ask your lawyer if a junior lawyer or paralegal can perform some of the work to lower your costs. You also may want to ask if there are tasks you could perform yourself to save time and money. For example, you might be able to copy, pick up or deliver certain documents. A lawyer may charge you a flat fee for a particular service or offer alternative methods of payment. Each has benefits and risks.
Contingency fees


A contingent fee arrangement means that your lawyer gets a percentage of whatever money you receive as resolution of your case. If you receive no money, then your lawyer collects no fees. However, you may owe charges for court fees, copying, and hiring expert witnesses. If you have very little money to pay hourly fees, it may be appropriate to negotiate a contingency fee with your lawyer. But before agreeing to a contingent fee, consider that:
• The size of a contingency fee, usually a percentage of any money you receive to resolve the case, is always negotiable. Sometimes you can negotiate a sliding scale fee (for example, 30 percent of any recovery up to $10,000; 20 percent of any recovery up to $50,000, etc.). Remember that there’s no particular percentage of a consumer’s recovery that constitutes a “standard” or “official” fee.
• The size of the contingency fee should reflect the amount of work that will be required by the attorney. Some cases are straightforward; others can be novel or uncertain. You may want to ask whether the case is likely to settle quickly and whether government agencies will gather significant amounts of evidence. A fee arrangement sometimes can be negotiated with a lower percentage for a quick settlement and a higher percentage if it goes to trial. Be sure you know exactly what is covered in your agreement. Your state also may have rules about maximum contingency fees; check with your state’s bar association.
Flat fee
You pay the lawyer a set dollar amount for a particular service, like writing a will. If the matter is simple and straightforward, say, an uncontested divorce or a simple bankruptcy filing, many lawyers often charge a flat fee. Be sure to find out exactly what the flat fee includes.
Hourly rates
The lawyer charges a set fee per hour. Your final cost will depend on how long it takes to complete your work. Hourly rates vary according to a lawyer’s expertise and experience. An experienced lawyer may charge a higher hourly rate but may complete the work more quickly. Because the hours worked on your case can add up quickly, you should ask for a written estimate of the number of hours necessary to complete your case to get an idea of what your final bill might amount to.
Retainer
Your lawyer may ask you to pay a fee up front. A lawyer can use this fee often called a retainer as a down payment on expenses and fees. It is important to review your account from time to time to understand how your money is being spent.

Public Legal Services
Depending on your financial situation, you may qualify for free or low cost legal services through special organizations. For example, you may be eligible for free representation in landlord-tenant or divorce cases. Look in your local telephone directory for legal services organizations or legal clinics associated with accredited law schools.
Pre-paid legal plan
Some organizations offer pre-paid legal plans that work like an insurance policy. In exchange for a monthly fee, you receive certain legal services as you need them. However, the fees charged and the services covered vary with each state’s law and the particular plan. Check out any plan carefully to be sure you know what’s covered and whether it makes sense for your situation.
Before You Hire Child Custody Lawyers
1. Consider Your Financial Resources: When deciding whether to hire a child custody lawyer, the most important consideration is the availability of financial resources. The retainer for a child custody lawyer can be quite expensive, depending on a number of factors including how many hours it may take to resolve the case, as well as the state in which you live. When considering whether to hire child custody lawyers, ask about the anticipated costs upfront. If you reach the conclusion that you are unable to afford a private attorney, remember that you still have options. You may be entitled to free legal aid or low-cost representation through the family court. In some jurisdictions, the court may base your entitlement to free representation on your current income.
2. Weigh the Complexity of Your Case: Typically, parents are advised to hire child custody lawyers when facing a difficult or complex child custody issue. For example, interstate child custody cases are usually considered complex. If you are facing a difficult custody case and you feel unsure about representing yourself, you should consider hiring a child custody lawyer who specializes in complex legal issues and has experience in family court. If you decide to represent yourself during your child custody hearing, being well prepared will give you the best chance of winning child custody. If you’re not sure where to begin, start by reading up on the child custody laws in your state.
3. Consider the Attorney’s Reputation: Many parents decide to hire a child custody lawyer based on the attorney’s reputation for winning child custody cases. Look to hire a child custody attorney with experience handling similar cases. And don’t be shy about asking for references! This is likely the most important case you’ll ever face in your life, and you have every right to investigate the attorney’s reputation before signing on the bottom line. If you are eligible for low-cost or free representation, be extra picky about the attorney’s reputation for winning child custody, especially contested cases that require representation in court. Be sure to ask any prospective child custody lawyer about his or her strategy for winning child custody cases, too.

Family Lawyer

When you need a family lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

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West Jordan Utah is a great place to bring up your kids. But what if you don’t have kids – you can legally adopt a kid. There are many couples with and without children who are adopting children. Speak to an experienced West Jordan Utah family lawyer to know how you can adopt a child.

Special Needs Adoption

Special needs adoption is challenging. This is not to say adoption can’t be positive. Special needs adoption can be and should be joyful. After all, it is the ultimate win-win situation: Child who needs parent gets parent, and parent who wants child gets child. But the joy that comes from a successful adoption is not bestowed automatically on the family. Successful special needs adoptions are the result of hard work on the part of the parents and their support network.

Special needs is a term coined in the seventies to describe adoptable children who are waiting. The term’s definition is important because only children with special needs are eligible for the special state and federal programs that reimburse parents for the cost of the adoption and that pay for some of the children’s medical and maintenance expenses after the adoption. The federal government defines a child with special needs as one who has one or more special needs or factors, such as

• Sibling status (must remain with one or more siblings
• minority race (this is not a special need or a requirement but a placement factor)
• age (older children)
• mild, moderate, or severe physical, mental, or emotional challenges
• risk factors for problems that could show up later (prenatal exposure to drugs, a family history of mental illness, abuse, neglect, a difficult birth, multiple caregivers, unknown paternity, and others)

Special needs waiting children can be healthy looking infants who were exposed to heroin prenatally, a two-year-old with asthma, or a seventeen and one-half-year-old who simply wants a real family before he or she graduates from high school. Quite often, they are sibling groups with two to seven or more members who need to be adopted together by one family.
On November 19, 1997, PL 96-272, or Title IV-E, was amended in positive ways that further help children with special needs. The amendments came about as a result of passage of ASFA, an acronym child advocates and adoptive parents will come to know very well in the years ahead. ASFA stands for the Adoption and Safe Families Act, otherwise known as Public Law 105-89, or H.R.867. Because of ASFA, PL 96-272 is now officially called the Adoption and Safe Families Act of 1997, Title IV, Part B–Child and Family Services.

PL 96-272, Title IV-E, the Adoption Assistance and Child Welfare Act of 1980. The premise was simple: The federal government promised to reimburse states for administrative costs and anywhere from fifty cents to eighty cents on the dollar for every dollar the states paid out in adoption subsidies for children with special needs, provided the states followed the federal law as written. In other words, states could also pay state-funded subsidies to families under different rules, but they would be reimbursed only for those that fell under the terms of the federal IV-E law.

The law was cautiously written so as not to discourage birth family reconciliation where possible. The states had to show why a child could not go home (usually because of abuse, neglect, or the ongoing drug abuse of the parents).

The new federal law was careful to allow only those children into the subsidy program who truly needed it to be adopted, children who were in foster homes with no family to return to, children deprived of the support of their parents, and children with special needs.

Since the law was complex, the federal government supplied each state with a sample “Adoption Assistance Contract,” which could be modified, to a certain extent, to meet individual state rules. The response from the states varied from quick and complete compliance (some states adopted the sample contract almost word-for-word) to near total noncompliance. It would be fourteen years before all states were participating in Title IV-E.
How to tell if your child is eligible

Speak to an experienced West Jordan Utah family lawyer to know if your adopted child is eligible. Only adopted children with special needs who meet the Title IV-E criteria can receive federal adoption assistance under PL 96-272. For those adopted children who do not meet all IV-E criteria, state subsidies may be available, but the rules and requirements are different from state to state.

How do you know if your child is IV-E eligible? If your social worker says so, ask for a written statement to that effect or for a copy of the child’s IV-E eligibility form to be sure there is no mistake about this. More than one parent has lost benefits under a state subsidy contract that they had believed was a federal IV-E contract. A IV-E contract is more reliable than a state subsidy contract because parents have more rights and safeguards in place under the federal law. The federal laws have no control over state subsidy contracts. For example, in some states, an individual state subsidy can be lowered without the agreement of the adoptive parents, whereas a negotiated federal subsidy amount cannot be lowered without the parents’ permission.

If your social worker isn’t sure or says your child is not IV-E eligible, be sure this is so. Sadly, some children are erroneously denied IV-E eligibility because the person or persons who make such determinations are not well trained in an understanding of PL 96-272. In fact, erroneous determinations are so common that there is a PIQ called PIQ 92-02 that outlines how families who think their children should have been given IV-E eligibility can go back and seek such a designation, along with retroactive subsidy payments. Just as you might be advised to seek a second opinion in serious medical matters, so should you seek another opinion when your child with special needs is denied IV-E eligibility.

Requirements

The requirements for IV-E only sound complex and obtuse until the individual elements are understood. The requirements are actually very inclusive of children with special needs when the law is applied according to its word, intent, purpose, and scope. In simplest terms, a child must meet three tests in order to be IV-E eligible for adoption assistance:

• he or she must have been AFDC-(Aid to Families with Dependent Children) eligible in the birth home or SSI Supplemental Security Income eligible or IV-E foster care eligible and
• he or she must have special need risk factors or a special need and
• he or she must have entered the system through a voluntary placement, if the state plan allows that, or through a judicially determined removal from the home of a relative.

In other words, it is not enough for a child to have special needs or special needs risk factors. Let’s look at each requirement more carefully.

For purposes of IV-E eligibility, there are three doors to IV-E Adoption Assistance: SSI (the disability door), AFDC (the poverty/deprived door), or IV-E foster care eligibility (the foster care door). Although children need only enter through one door, many children are IV-E adoption-assistance eligible through two or even all three doors.

The Disability Door

Supplemental Security Income (SSI) is a monthly payment made to children and adults who have serious disabilities, such as mental retardation, cerebral palsy, blindness, or mental illness. Unlike adoption assistance, SSI is means-tested assistance, tied to the income of the child before adoption finalization and to the income of the adoptive parents after finalization. For this reason, most parents switch their children at adoption from SSI to the nonmeans-tested Adoption Assistance Payments (AAP). But what matters for IV-E eligibility is SSI eligibility. The child does not have to receive SSI to be SSI-eligible. The child only needs to have an SSI “award letter.”

If a child meets the SSI disability standards, then he or she is virtually certain to meet the definition of special needs. This SSI path to eligibility for Title IV-E adoption assistance does not require placement for adoption by an agency, although it may be very difficult to obtain subsidies for children who were never in agency custody.

The Poverty/Deprived Door

The second door is often used by children who, because of placement through private adoption agencies, were never eligible for IV-E foster care. Those children using this door have special needs or risk factors but do not qualify as SSI-eligible. The children come from birth homes where the birth mother or birth parents or relative caretaker were receiving public assistance such as AFDC or TANF. They also come from homes where, due to poverty, the birth parent or relative caretaker was eligible for public assistance, whether or not any assistance was ever applied for or received. This includes unemployed birth mothers, for example, and birth mothers who receive no support from the birth fathers or who cannot identify the birth father. The legal term for such children is deprived. A child is also considered deprived in most states as soon as the birth parents’ rights have been legally relinquished or terminated. Children also are deprived when their birth parents have abandoned them, refuse to support them, or have died.

The Foster Care Door

The third door is designed to offer children who are in agency custody a continuum of care. The thinking is that if a child in state agency custody qualifies for the IV-E foster care maintenance program he or she will already have met the AFDC (or TANF) relatedness requirement and the judicial determination that the child’s placement was in his or her best interest. Satisfying the special needs definition is the only remaining requirement for IV-E adoption assistance.

Sometimes, the only door for a child is the IV-E foster care door. In rare cases, a child will be erroneously denied IV-E foster care eligibility and then, as a consequence, erroneously denied IV-E adoption assistance eligibility too. In such cases, parents can use PIQ 92-02 to go back and obtain IV-E status for their child even though foster care FFP (Federal Financial Participation or federal matching funds) was never obtained by the state.

There are PIQs that support children’s rights in this regard. PIQ 85-06 states that a child should not suffer for a bureaucracy’s mistake. In other words, if a state fails to follow the rules for accessing foster care FFP, the state may lose some FFP funding, but the child may not be deprived of his or her IV-E eligibility. Similarly, PIQ 85-07 says that the child’s eligibility may not be denied because the birth parents make a paperwork error or omission or fail to cooperate with the agency in some way.

Special Needs

The important point to remember here is that some children will be erroneously labeled “nonspecial needs” when, in fact, they do qualify as children with special needs. Not all children with special needs come from sibling groups or have disabilities. Some children with special needs will qualify on race alone or on age or, especially in the case of healthy-looking infants, due to risk factors. Risk factors include anything that puts an otherwise normal-appearing infant or child at risk of having unseen disabilities or of developing special needs later on, such as

• genetic risk factors for mental, physical, or learning disabilities
• prenatal exposure to drugs or harsh chemicals
• lack of prenatal care
• rape conception
• unknown paternity
• maternal gestational disease
• difficult or dangerous birth
• low Apgar scores
• abuse
• neglect
• multiple foster home placements

If a parent believes his or her child qualifies as a child with special needs, but is denied this determination by the agency, that parent should seek the advice of an experienced West Jordan Utah family lawyer. Parents may appeal agency decisions by requesting an administrative hearing. Parents of such children have a right to a fair hearing to try and prove that their child is a child with special needs.

Free Consultation with a Family Lawyer in West Jordan Utah

When you need legal help with a family law issue in West Jordan, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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West Jordan, Utah

From Wikipedia, the free encyclopedia
 
 
West Jordan, Utah
City
Location in Salt Lake County and the state of Utah

Location in Salt Lake County and the state of Utah
Coordinates: 40°36′23″N 111°58′34″WCoordinates40°36′23″N 111°58′34″W
Country United States
State Utah
County Salt Lake
Settled 1848
Incorporated 1941
Named for Jordan River
Government

 
 • Mayor Dirk Burton [1]
Area

 • Total 32.33 sq mi (83.73 km2)
 • Land 32.33 sq mi (83.73 km2)
 • Water 0.00 sq mi (0.00 km2)
Elevation

 
4,373 ft (1,333 m)
Population

 (2020)
 • Total 116,961
 • Density 3,617.72/sq mi (1,396.88/km2)
Time zone UTC−7 (Mountain (MST))
 • Summer (DST) UTC−6 (MDT)
ZIP codes
84081, 84084, 84088
Area code(s) 385, 801
FIPS code 49-82950[3]
GNIS feature ID 1434086[4]
Website www.westjordan.utah.gov

West Jordan is a city in Salt Lake County, Utah, United States. It is a suburb of Salt Lake City and has a mixed economy. According to the 2020 Census, the city had a population of 116,961,[5] placing it as the third most populous in the state.[6] The city occupies the southwest end of the Salt Lake Valley at an elevation of 4,330 feet (1,320 m). Named after the nearby Jordan River, the limits of the city begin on the river’s western bank and end in the eastern foothills of the Oquirrh Mountains, where Kennecott Copper Mine, the world’s largest man-made excavation, is located.

Settled in the mid-19th century, the city has developed into its own regional center. As of 2012, the city has four major retail centers; with Jordan Landing being one of the largest mixed-use planned developments in the Intermountain West.[7] Companies headquartered in West Jordan include Mountain America Credit Union, Lynco Sales & Service, SME Steel, and Cyprus Credit Union. The city has one major hospital, Jordan Valley Medical Center, and a campus of Salt Lake Community College.

City landmarks include Gardner Village, established in 1850, and South Valley Regional Airport, formerly known as “Salt Lake Airport #2”. The airport serves general aviation operations as well as a base for the 211th Aviation Regiment of the Utah Army National Guard flying Apache and Black Hawk helicopters.

West Jordan, Utah

About West Jordan, Utah

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Reviews for Ascent Law LLC West Jordan, Utah

Ascent Law LLC Reviews

John Logan

starstarstarstarstar (5)

We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.

Ascent Law LLC Reviews

Jacqueline Hunting

starstarstarstarstar (5)

I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!

Ascent Law LLC Reviews

Anthony Ziegler

starstarstarstarstar (5)

This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need.  My sister needed bankruptcy and I needed divorce.  Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!

Ascent Law LLC Reviews

Thomas Parkin

starstarstarstarstar (5)

Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.

Ascent Law LLC Reviews

Yeran Merry

starstarstarstarstar (5)

I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with.  They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most.  When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.

Brandon M. Evans, Esq.

Brandon M Evans

Brandon M. Evans, Esq.
Attorney and Counselor at Law

When Brandon was admitted to the Utah Bar he fulfilled a dream whose inception began in his youth as a result of learning of the Founding Fathers and the Constitution. He is also admitted to the District of Columbia, Washington DC, Bar. While very grateful that he was able to fulfill this dream. Whether you are working to build, protect, or salvage your dream, Brandon can help you.

Whether you are getting married, getting un-married, creating a new business, defending your business, selling or ending your business, dealing with criminal concerns, planning your estate, seeking permanent immigration status, or recouping damages, Brandon will negotiate and litigate for you and your dreams.

Other dreams that Brandon enjoys creating and fulfilling are spending time doing activities: woodworking, gardening, board games, camping, and reading. Brandon loves that his wife and three children also enjoy those activities.

Brandon enjoys the following areas of legal practice:

  • Family Law (Child Custody, Mediation, Litigation, Parenting Plans, Divorce, Adoptions, Annulment)
  • Contract Law (drafting and litigation)
  • Criminal Defense (federal and state cases, including DUI, Theft, Domestic Violence, etc.)
  • Business Formations (LLC, Corporations, Partnerships, etc.)
  • Business Representation (Lawsuits and Litigation)
  • Real Estate (Quiet Title Actions, Evictions, etc)
  • Estate Planning and Probates (Wills, Trusts, including formation and administration, both contested and uncontested)
  • Tax Matters (IRS and Utah State Tax Commission)
  • Personal Injury Law (Car Accidents, Motorcycle Accidents, Dog Bites, Slip and Falls)
  • Collection Issues (collections; Fair Debt Collections Practices Act, etc.)
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews

Additional Information

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Real Estate Lawyer

Business Lawyer

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Criminal Lawyer

Injury Lawyer

Parental Rights and Responsibilities in Utah

If you’re going through a divorce or separation from your child’s other parent, it’s helpful to familiarize yourself with some of the most common child custody terms.

Parental Rights and Responsibilities in Utah

Utah law provides three ways to allocate parental rights and responsibilities: “shared parenting,” “sole residential and custodial parent” and, the rarest of the three, “split parenting.”

Shared Parenting

“Shared parenting” is almost always recommended by the court (unless there is some evidence that shared parenting would not be in the best interest of the child). The term “shared parenting” does not refer to a fifty-fifty split in time with your children. (A fifty-fifty split is referred to as “split-parenting” – see below).

Shared parenting simply means that the parents of the minor child will “share” in the major decision-making regarding the child’s health and welfare. In a shared parenting arrangement, decisions regarding things such as discipline, religion, education, sports, piercings, and tattoos will be made by both parents. Shared parenting, therefore, requires that the parents be willing and able to communicate on a regular basis.

In this arrangement, both parents are deemed the “residential parent.” In other words, the child technically lives with both parents, but one parent will be designated the “residential parent for school purposes only.” The designation of “residential parent for school purposes only” simply refers to the parent who resides in the school district where the child is or will be enrolled.

If the parents agree to share parenting, but cannot pick a residential parent for school purposes, the court will make the decision based upon the child’s best interest. (Utah Revised Code §3109.04 lists the many factors used in determining a child’s “best interest.”)

Parenting time (formerly referred to as “visitation”) can be enjoyed according to whatever schedule the parties feel is in the child’s best interest. But if the parents cannot decide on parenting time, the court will make the decision for them based upon the child’s best interest.

Sole Residential and Custodial Parent (“Sole Custody”)

This parenting arrangement is common when the parents will be residing very far apart and when the parents cannot communicate effectively.

Here, only one parent is designated as the “sole residential parent and legal custodian.” This parent will be solely responsible for all major decisions regarding the child’s health and welfare, such as discipline, religion, education, health care, sports, piercings and tattoos. The court will generally allocate the primary parental rights and responsibilities for the care of the child to this parent as well.

If the parties can’t decide who the sole residential parent and legal custodian should be, the court will make the decision based on the child’s best interest.

Split Parenting (“Joint Custody”)

“Split parenting” is a fifty-fifty split of parenting time. This type of parenting plan is not normally ordered by a court. It is most often an arrangement agreed to by the parents. The split parenting plan is drafted to allow both parents equal time with the child. Split parenting may affect child support due to the equal split in parenting time.

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Unmarried Partners, Medical Directives and the Durable Power of Attorney for Finances

Unmarried Partners, Medical Directives and the Durable Power of Attorney for Finances

Unmarried couples, including many domestic partnerships, aren’t typically allowed to make emergency medical and financial decisions for each other. If you ever become seriously injured or are otherwise unable to make these decisions and you want to make sure your partner has a say, then you need to create at least two things:

  • A medical/healthcare directive (which consists of a health care declaration and a durable power of attorney), and
  • A durable power of attorney for finances.

If you do not create these documents to empower your partner, these decisions will largely be made by your biological relatives who may or may not respect the input of your partner.

Medical Directives Generally

Each state has its own laws governing the creation of medical directives, but all such directives allow you to name someone to direct your medical care if you become incapacitated. Medical directives are particularly important for unmarried couples because, although most states list biological family members and spouses as potential decision makers, they do not generally list unmarried partners. Even if a state does list unmarried partners as potential decision makers, they are given lower priority than married spouses and biological family members. Finally, even if your state does recognize unmarried partners, if you are injured in another state, that state may not recognize your partner’s rights.

Medical Directives The Healthcare Declaration

The first document you need to create to ensure that your medical wishes are honored is the healthcare declaration. This written document sets out how you should be cared for in an emergency or if you are otherwise incapacitated. Your healthcare declaration will set forth your wishes on topics such as resuscitation, desired quality of life and end of life treatments including treatments you don’t want to receive. This document is primarily between you and your doctor, and it advises them how to approach your treatment.

Medical Directives The Durable Power of Attorney for Healthcare

The durable power of attorney for healthcare is given to the person you want to make medical decisions for you in an emergency. Even though you set out your wishes in your healthcare declaration, such documents can never cover every circumstance, and the person who has a durable power of attorney for healthcare is the person who makes decisions not covered by your healthcare directive. Keep in mind that the person with a durable power of attorney for healthcare can never contradict the terms of your healthcare declaration.

Depending on your state, the person you grant a durable power of attorney for healthcare will typically be called your “agent,” “proxy,” or “attorney-in-fact”. The typical rights for this person include:

  • Providing medical decisions that aren’t covered in your healthcare declaration
  • Enforcing your healthcare wishes in court if necessary
  • Hiring and firing doctors and medical workers seeing to your treatment
  • Having access to medical records
  • Having visitation rights

Finally, note that in some states they combine the healthcare declaration and the durable power of attorney for healthcare into one document called an “advance health care directive”.

Durable Power of Attorney for Finances

The durable power of attorney for finances works similarly to the durable power of attorney for healthcare, in that it allows whomever you designate the ability to make decisions in that area. The person you appoint with a durable power of attorney for finances will have the ability to make financial decisions for you if you are incapacitated.

Just like in healthcare, if you want your partner to have a say, you have to put it in writing. Most states will only recognize biological relatives and married spouses. If you do not expressly grant your partner a durable power of attorney for finances, he or she will have no legal say in your financial matters.

It is also worth noting that there are two basic forms of durable power of attorney for finances, usually referred to as “springing” or “immediate”. A springing durable power of attorney for finances would become effective once you were incapacitated, but not before. A springing durable power of attorney for finances makes sense in many situations, but for unmarried couples it may not. If you make the durable power of attorney for finances immediate, then your partner can make financial decisions for you during your life just like a married spouse can.

Finally, here are some of the rights and responsibilities that whomever you grant a durable power of attorney for finances will have to make:

  • Paying your bills
  • Paying your taxes
  • Conducting your bank transactions
  • Managing and investing your money
  • Purchasing insurance for you
  • Buying, selling and managing any of your property
  • Operating your business

Collecting your government benefits and inheritance.

Free Initial Consultation with an LGBTQ+ Family Law Attorney

It’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!

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Child Support and Parental Relocation

Everyone’s life is prone to change, and sometimes these changes require parental relocation after a divorce. Whether you are the primary custodial parent and wish to relocate with your children, or you are the parent whose visitation schedule would be affected by the move, you should always speak with a family lawyer about your plans before you move or make a change, just to make sure you do it right. You don’t need more problems or stress in your life.

Child Support and Parental Relocation

In Utah, “parental relocation” is defined as one parent moving more than 150 miles from the other parent. When a parent wishes to relocate, he or she must inform the other parent of the intent at least 60 days prior to the proposed move. While the state cannot prevent you or your ex-spouse from relocating, it can prevent the parent with primary custody from taking the child or children along if the relocation is not in their best interests. Our attorneys will review all the facts of your case and build your argument either for or against the move. This is what we do.

Considerations For Granting Parental Relocation

If you are the parent hoping to relocate, our lawyers will demonstrate to the court that your reasons for doing so are valid, and that your actions aren’t simply resulting from spite. Parental relocation requests are frequently granted when the custodial parent:

  • Has a strong job offer outside of the home city or state
  • Seeks to increase proximity to a network of family members and friends
  • Looks to remove his or herself or the children from an abusive relationship
  • Shows that the child or children will be better off with the move
  • Otherwise proves that the relocation serves the child or children’s best interests

From drafting the notice of the intended move to representing you in the event that your ex challenges your move, we can work with you to ensure your best chance of a successful outcome.

If it is your ex who is proposing the move, we will work to ensure that your relationship with your child is respected and protected, and we will aggressively challenge the relocation on your behalf.

Answering Common Questions About Child Support

We are here to address your legal concerns about child support in Utah. Read on to discover the answers to some of the more common questions we hear the most:

  • Does joint legal custody affect my financial obligations? Child support laws indicate that, because both parents have the authority to make decisions on their children’s behalf, joint legal custody does not impact financial obligations. However, joint physical custody is a different issue. Child support is based on these factors: physical custody, parenting time and income.
  • Can I modify child support payments? Once the court makes a decision, you are obligated to the amount ordered. There are certain scenarios, however, in which you may be eligible to reduce or terminate child support. These include:
    • Changes to your child’s residence, custody and parenting time
    • Illness or disability
    • Loss of your job
    • Permanent reduction in income
  • Am I still obligated to pay if my ex keeps me from my children? Because custody and visitation are separate legal matters, unfortunately, you are still expected to pay the amount ordered. If your ex is keeping you from your children and you have custody or visitation privileges, we can petition the court to enforce those rights. Even when it seems unjust, failing to make your child support payments could put you at risk of facing serious penalties.
  • What if my ex does not pay? Thanks to the Child Support Enforcement Act of 1984, you can seek legal help in collecting payments from an ex who does not honor his or her court order. We can file contempt charges, and the court may impose consequences such as garnishing wages, seizing property, withholding tax returns, revoking your ex’s driver’s license or jail time.
  • What if my ex moves out of state? Because of the Uniform Interstate Family Support Act, court orders remain in effect regardless of a parent’s physical location. There are several measures available to ensure child support enforcement, even if your ex moves out of Utah and refuses to pay.

Free Consultation with Divorce Lawyer in Utah

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

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Right of First Refusal

right of first refusal

What are Rightѕ of Firѕt Rеfuѕаl? They rеѕtriсt marketability of real estate bесаuѕе thеу discourage third раrtiеѕ frоm еngаging in thе timе, еffоrt, аnd expense оf due diligеnсе regarding the real property. Rightѕ оf first rеfuѕаl often add mоnthѕ to thе time thаt a transaction соuld occur, аnd they сrеаtе great unсеrtаintу for роtеntiаl third раrtу buуеrѕ as wеll аѕ for ѕеlling ѕhаrеhоldеrѕ. As most things in contracts, a right of first refusal can have both pros and cons depending on who you are and whether you hold the right.

Rightѕ оf firѕt rеfuѕаl (ROFRs) are ѕоmеtimеѕ considered tо be a form of buу-ѕеll аgrееmеnt or real estate purchase contract. These can apply in family law, in real estate law, in business law and in contracts.

For example, a right оf firѕt rеfuѕаl iѕ аn agreement designed, fоr thе mоѕt раrt, to rеѕtriсt оwnеrѕhiр оf shares bу limiting their mаrkеtаbilitу. The tурiсаl right оf firѕt rеfuѕаl states the соnditiоnѕ under which shares оf a соrроrаtiоn саn bе ѕоld. Rightѕ of firѕt refusal tеnd to work along thеѕе lines:

1. If a ѕhаrеhоldеr dеѕirеѕ tо ѕеll hiѕ or hеr ѕhаrеѕ tо a third раrtу and thе third раrtу рrоvidеѕ a соnсrеtе оffеr, thе corporation rеtаinѕ a right оf first rеfuѕаl to рurсhаѕе thе ѕhаrеѕ аt the same рriсе and оn the same tеrmѕ оffеrеd tо thе еxiѕting shareholder bу thе third раrtу. Thе соrроrаtiоn generally hаѕ a period оf time, frоm 30 tо 60 days оr more, during which to match the third раrtу offer аnd purchase the subject ѕhаrеѕ.

2. If thе соrроrаtiоn dоеѕ nоt match thе оffеr within thе ѕресifiеd реriоd, mаnу agreements рrоvidе what could be саllеd a “right оf second refusal” tо the оthеr ѕhаrеhоldеrѕ оf thе соrроrаtiоn. Such secondary rightѕ аrе normally оffеrеd tо the ѕhаrеhоldеrѕ рrо rаtа tо their existing оwnеrѕhiр. If оnе оr mоrе ѕhаrеhоldеrѕ elect not tо рurсhаѕе, thе other shareholders саn then purchase thе еxtrа ѕhаrеѕ (uѕuаllу pro rаtа tо rеmаining оwnеrѕhiр). Thе оthеr ѕhаrеhоldеrѕ thеn have a реriоd оf timе, from 30 to 60 days оr mоrе, during which tо mаtсh the third раrtу оffеr аnd рurсhаѕе the ѕubjесt shares.

3. In order tо аѕѕurе the роѕѕibilitу of a completed transaction, the corporation must hаvе a “last lооk” орроrtunitу to purchase thе ѕhаrеѕ if thе other ѕhаrеhоldеrѕ dо nоt. Thе соrроrаtiоn iѕ granted some аdditiоnаl time, реrhарѕ 30 to 60 days оr so, tо mаkе thiѕ final dесiѕiоn.

4. If all оf thе рriоr rightѕ аrе refused, then and оnlу thеn, iѕ the original shareholder allowed tо sell his оr her shares tо the third party – again, at thе рriсе аnd terms shown to thе соmраnу and оthеr shareholders.

Whаt Are Rightѕ оf Firѕt Rеfuѕаl Designed Tо Dо?

Rightѕ of first refusal are nоt thе ѕаmе аѕ buу-ѕеll аgrееmеntѕ. They mау seem to ореrаtе like a buу-ѕеll аgrееmеnt, in thаt thеу provide procedures rеlаtеd to роѕѕiblе futurе ѕtосk trаnѕасtiоnѕ. But ROFRѕ do not assure that transactions will оссur.

Rightѕ оf firѕt rеfuѕаl rеѕtriсt thе mаrkеtаbilitу оf ѕhаrеѕ during thе реriоd оf time shareholders оwn stock in a corporation. Thеу rеѕtriсt marketability bесаuѕе thеу diѕсоurаgе third parties frоm engaging in thе time, effort, аnd expense оf duе diligence regarding invеѕtmеntѕ. Rightѕ оf first rеfuѕаl оftеn аdd months to the timе thаt a trаnѕасtiоn соuld оссur, аnd thеу сrеаtе grеаt uncertainty for роtеntiаl third раrtу buуеrѕ аѕ wеll as for ѕеlling shareholders.

Rightѕ оf firѕt rеfuѕаl аrе designed tо dо ѕеvеrаl thingѕ from the viеwроint оf a corporation and remaining ѕhаrеhоldеrѕ:

• Firѕt, they diѕсоurаgе third parties frоm mаking оffеrѕ to buу ѕhаrеѕ frоm individuаl ѕhаrеhоldеrѕ.

• Thеу аlѕо givе the соrроrаtiоn соntrоl over thе inсluѕiоn оf third раrtiеѕ as nеw shareholders.

• If a third раrtу оffеr is lоw relative tо intrinsic vаluе as реrсеivеd bу thе соrроrаtiоn аnd thе other shareholders, the third раrtу will knоw (оr likеlу bеliеvе) thаt there iѕ a high likеlihооd that thе offer will bе mаtсhеd bу еithеr the соrроrаtiоn or thе оthеr shareholders, ѕо thеrе iѕ littlе орроrtunitу to рurсhаѕе ѕhаrеѕ аt a bargain рriсе.

• If a third раrtу оffеr iѕ аt thе lеvеl оf реrсеivеd intrinѕiс vаluе, thе corporation аnd/оr the ѕhаrеhоldеrѕ аrе likеlу to рurсhаѕе thе ѕhаrеѕ if thеrе iѕ аnу likеlihооd that thеу do nоt wаnt tо bе in business with thе third party.

• Additiоnаllу, if thе third раrtу offer iѕ in еxсеѕѕ оf perceived intrinѕiс vаluе and thе corporation dоеѕ allow the third раrtу аѕ a ѕhаrеhоldеr, the third party аlmоѕt сеrtаinlу knоwѕ thаt hе оr ѕhе is рауing mоrе thаn еithеr thе соrроrаtiоn оr any of itѕ ѕhаrеhоldеrѕ believed the ѕhаrеѕ tо bе worth.

• Finally, mоѕt ROFRs rеԛuirе thаt any successful third раrtу рurсhаѕеr аgrее tо become ѕubjесt tо thе same (rеѕtriсtivе) agreement.

Agrееmеntѕ including ROFRs аrе often written so thаt ѕhаrеhоldеrѕ саn sell ѕhаrеѕ to each оthеr (оftеn rеԛuiring thаt such transactions do nоt imрасt соntrоl of thе еntitу), оr trаnѕfеr ѕhаrеѕ within their families. Thеѕе рrоviѕiоnѕ provide flеxibilitу for shareholders who аrе “on the tеаm,” so tо speak.

Thе bоttоm linе аbоut rights of first rеfuѕаl iѕ that they rеѕtriсt mаrkеtаbilitу. Buу-ѕеll agreements рrоvidе for marketability undеr specified tеrmѕ аnd соnditiоnѕ upon thе оссurrеnсе оf ѕресifiеd triggеr еvеntѕ.

Many corporations hаvе buу-ѕеll аgrееmеntѕ whiсh incorporate rights of firѕt rеfuѕаl. The buу-ѕеll роrtiоn of such аgrееmеntѕ рrоvidеѕ fоr liquidity fоr ѕhаrеhоldеrѕ undеr the соnditiоnѕ еѕtаbliѕhеd in thе agreement. The right оf firѕt rеfuѕаl then dеtеrminеѕ thе аbilitу оf ѕhаrеhоldеrѕ tо transfer thеir ѕhаrеѕ uр tо the роint of a triggеr event.

First Right of Refusal Conclusion

Whether you have a first right in a contract, family law mediation agreement, real estate deal, or buy-sell agreement, if you need to exercise your rights or protect them call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

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

Telephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews


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Qualification for an Annulment in Utah

Qualification for an Annulment in Utah

The Utah Code for Annulment аllоwѕ marriages to bе ended bу аnnulmеnt so long as you meet the requirements. Marriage can also be ended by divorce in Utah. Thiѕ аrtiсlе еxрlаinѕ the diffеrеnсе bеtwееn аn аnnulmеnt аnd a divоrсе. This аrtiсlе also еxрlаinѕ hоw tо gеt аn annulment in Utah, аnd thе еffесtѕ of аn аnnulmеnt.

Couples ѕоmеtimеѕ mаrrу undеr unlawful оr questionable сirсumѕtаnсеѕ that соuld lаtеr lеаd to thе need for аn аnnulmеnt. Alѕо, ѕоmе ѕроuѕеѕ might рrеfеr аnnulmеnt over divоrсе fоr personal or rеligiоuѕ rеаѕоnѕ. Tо obtain аn annulment in Utah, ѕроuѕеѕ must meet thе lеgаl standard ѕеt bу thе state’s annulment lаwѕ. If a соuрlе саnnоt ԛuаlifу fоr аn annulment in Utаh, thеу hаvе the орtiоn оf bringing divorce proceedings.

Whаt Iѕ An Annulment?

An аnnulmеnt iѕ lеgаl dесrее that ѕtаtеѕ that a mаrriаgе wаѕ never vаlid. Thе lеgаl effect оf аn аnnulmеnt is to vоid the mаrriаgе аѕ thоugh it nеvеr existed. Gеnеrаllу, the lеngth оf timе mаrriеd iѕ not a dеtеrmining factor tо rеԛuеѕt аn аnnulmеnt. Mere rеgrеt alone iѕ gеnеrаllу insufficient grоundѕ fоr an аnnulmеnt. Lаwѕ vаrу bу jurisdiction, ѕо lосаl lаwѕ should bе соnѕultеd for rеԛuirеmеntѕ in your аrеа.

Lеgаl Signifiсаnсе of an Annulment

The рrосеѕѕ оf divоrсе in Utah is similar tо thаt оf аnnulmеnt, but thе twо options are diѕtinсt tуреѕ оf соurt рrосееdingѕ. An annulment саnсеlѕ the еxiѕtеnсе оf a mаrriаgе аѕ if thе ѕроuѕеѕ hаd never mаrriеd in thе first place, whilе a divоrсе еndѕ аn existing mаrriаgе. Althоugh аnnulmеnt аnd divоrсе аrе ѕераrаtе types оf court саѕеѕ, both mау result in similar legal соnѕеԛuеnсеѕ — they allow thе ѕроuѕеѕ to become ѕinglе, unmаrriеd реrѕоnѕ again. Utаh judges саn еntеr соurt оrdеrѕ fоr рrореrtу division, аlimоnу, сhild custody аnd viѕitаtiоn, сhild support аnd оthеr lеgаl iѕѕuеѕ аѕ part оf аn аnnulmеnt рrосееding, just аѕ thе judgе might dо in a divorce саѕе.

Grоundѕ For An Annulmеnt

Yоu’ll nееd tо рrоvе a legal “ground” (rеаѕоn) to have a mаrriаgе аnnullеd in Utаh. Utah hаѕ thе fоllоwing lеgаl grоundѕ for аnnulmеnt:

Frаud – one ѕроuѕе lied аbоut оr hid ѕоmеthing that dirесtlу аffесtѕ thе marriage rеlаtiоnѕhiр.
Incest – the spouses аrе rеlаtеd, first соuѕinѕ оr сlоѕеr.
Undеrаgе – a spouse iѕ undеr thе legal age for mаrriаgе.
Bigаmу – a spouse has аnоthеr marriage thаt hasn’t еndеd.
Miѕrерrеѕеntаtiоn – оnе ѕроuѕе liеѕ аbоut сеrtаin fасtѕ hаrmful tо the оthеr spouse.
Imроtеnсе – one ѕроuѕе iѕ unаblе tо hаvе sexual intercourse.

Thingѕ You Ѕhоuld Knоw About The Grоundѕ for Annulment in utah

It’ѕ diffiсult tо gеt a mаrriаgе аnnullеd fоr fraud in Utаh. Thе fraud muѕt bе еxtrеmе enough thаt the other ѕроuѕе wоuldn’t have gotten mаrriеd if thаt ѕроuѕе knеw аbоut thе frаud. If a spouse wants аn аnnulmеnt fоr fraud, thе frаud muѕt be dirесtlу rеlаtеd tо thе marriage.

The lеgаl age for mаrriаgе in Utаh is 18; 16 with a parent’s соnѕеnt, or 15 with a раrеnt’ѕ consent and соurt permission. A mаrriаgе won’t be аnnullеd in Utah fоr a ѕроuѕе bеing underage if the ѕроuѕе hаd thе proper соnѕеnt at the timе оf marriage. A parent оr guаrdiаn саn filе for annulment оn the undеrаgе spouse’s bеhаlf. The соurt саn ѕtill rеfuѕе to grаnt аn аnnulmеnt for an undеrаgе ѕроuѕе if thе judgе bеliеvеѕ it iѕ in thе spouse’s best intеrеѕt tо ѕtау mаrriеd.

In оrdеr for misrepresentation tо рrоvidе ѕuffiсiеnt grоundѕ tо annul a marriage in Utаh, it hаѕ to be misrepresentation оf рrеѕеnt facts. Fоr example, in оnе Utаh саѕе, a huѕbаnd hid a сriminаl rесоrd аnd told his wife hе hаd to рау сhild support when in fact, he wаѕ ѕреnding thеir money оn finеѕ аnd rеѕtitutiоn; his wifе wаѕ grаntеd an annulment.

Annulment

If you have a question about getting an annulment instead of a divorce, or if you have other family law questions call Ascent Law LLC at (801) 676-5506. We love to help people in family law cases and we’d love to help you get an annulment.

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


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