However, when you become a divorced parent, chances are, you would like to continue interacting with your children and with custodial and visitation arrangements; that also comes with working together with your ex as a co-parent. 

Creating an effective co-parenting plan with your ex can become quite tricky, especially if your ex harbors ill feelings toward you. Consider the following tips to help you overcome the tense emotions of co-parenting to give your children the best possible environment: 

No ill feelings toward your co-parent should be present when talking to your children. 

Keep in mind that any feelings you have toward your co-parent have nothing to do with how you should interact with your children. Refuse to talk negatively about your co-parent in front of your children. Your children have the right to build upon their relationships with both parents, it would be best not to come in between that.

Communication with Co-Parent

Look, being your co-parent’s best friend is not going to happen. However, it’s crucial to be able to have amicable communication. Try establishing a more business-like relationship between you and your co-parent; imagine you’re both working for the same client and you have the shared goal of doing anything that is in the best interest of this client (your children). Attempting something like this could help the urge to get caught up in all the tense emotions between you and your co-parent. 

Help your children between homes.

The children will likely be traveling back and forth between two or more homes. Consider making an extra effort to drop your children off, rather than waiting until the co-parent comes to pick them up. In this way, you avoid sending out messages to your children that they are being “taken away.” Try sending out messages that you are trying to collaborate with one another. 

For the benefit of your children.

While building a genuine co-parent relationship that is both smooth and collaborative can be trying at times, hopefully, these tips may help ease your journey. It’s important to remember that you are doing this in an effort to protect your child’s best interests above anything else. 

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According to research from the Children’s Bureau, kids with involved and present fathers are more likely to be secure, both mentally and emotionally, have increased confidence, and have better social connections as they grow. Both fathers and children alike should have the opportunity to be a part of each other’s lives; however, that chance is not always a possibility.

Learn more about the role of a father’s rights attorney below.

What Are a Father’s Rights?

When the father of a child is married to the mother, fathers have rights and privileges when it comes to their children. However, situations where the parents of a child are not married are a bit more complicated. It is important to seek confirmed paternity so that you can participate in raising your child. When paternity is established, fathers’ rights include parenting time with children, consultation before adoption, and more. Alternatively, fathers can also waive or terminate their parental rights or object to the adoption.

There are several legal consequences of establishing paternity. For the father, when paternity is established, he is accountable for supporting the child and mother. As for the child, there are many benefits to establishing paternity. In addition to financial support, the child gains the right to inherit and receive aid and shelter from their father. Additionally, the child has the right to access the personal health information of their paternal family, and, emotionally speaking, the child has a sense of psychological relief knowing who their father is.

What is a Father’s Rights Lawyer and How Can They Help?

Establishing paternity cases are often complicated, and it is essential to seek the guidance and representation from a father’s rights or paternity attorney that will protect your rights and provide effective legal solutions. Although Utah law states that fathers and mothers will be treated equally, many cases prove that there is blatant favoritism toward mothers.

If you find yourself in this situation, a father’s rights attorney can help protect your rights and fight for fair and equitable enforcement of those rights. Paternity is one of the more serious and complex issues in family law. It is a delicate matter and should be handled with representation. A father’s rights attorney in your area with experience and knowledge will be able to help you achieve the best possible outcome. A skilled attorney will use proven tactics to fight on your behalf, giving you a better chance of winning your case.

Contact The Ault Firm

Paternity and matters relating to child custody and visitation are sensitive issues. In many cases, fathers are denied the opportunity and privilege of participating in their child’s life. If you need a father’s rights lawyer in the Salt Lake City or West Jordan areas, call the experts at The Ault Firm. Our team of professionals is experienced and knowledgeable in family law and want to protect your rights as a father. Contact The Ault Firm today to schedule your free initial consultation.

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Rebuttable Assumption

The court can deviate from guidelines if following the guidelines means that the decision would not be for the child(ren)’s best interest. These guidelines are what constitutes income in determining child support. Some of these elements include salaries, pensions, or even Social Security benefits. When the court chooses to deviate from these guidelines, they take in account several different factors. These factors include the wealth and income of both parties, the standard of living and situation, the payors ability to earn, the receivers ability to earn, and both parties responsibility to support others. An example of that last factor would be if an ex-spouse had to take care of their parent.

Some Grounds for Modification

A New Child is Born

If the person paying child support has gotten remarried and has a new child then this could be grounds for child support modification. Utah’s courts feel that your income should benefit all children, not just children from your previous relationship. They take into account the payor’s obligation to their “new family” when determining modification. You must note that supporting a new child doesn’t relieve you of your previous child support.

New Spouse Income

When you get remarried, your new spouse’s income now becomes relevant. It could essentially impact your ability to pay child support. Your new spouse will usually contribute to areas such as household expenses, utilities, and/or rent. You will end up spending less on these expenses meaning you will have the ability to pay more in child support.

Divorce has already taken its toll on you. You’ve moved on from it. You’re now remarried. You may even have a new child. In this, your agreement will now have to be modified. This may either help you or may not help you depending upon the circumstances. You want to make sure the courts give you the rights you deserve. If you can’t come to an agreement with your previous spouse then you may need a family law attorney to step in. You need someone who will actually listen to your new needs and concerns after remarriage. You need someone who is an expert in family law. Salt Lake City lawyer Christopher M. Ault at The Ault Firm is available to help you with advice and experience. Contact him at 801-539-9000 for a free consultation or fill out this form.

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When you do separate from your spouse, we know it can be a difficult and emotional time. If there are children involved, it can be even more difficult, as they may not understand what is going on. At The Ault Firm, we want to help you through this situation in the best way possible.

If you need a family law attorney in Salt Lake City, our experienced attorneys will work with you patiently through issues of divorce, child support and custody, alimony, visitation, and more.

Separating

Before you begin the divorce process in Utah, state law requires at least one mediation session to be completed in order to work out any differences and possible reconciliation. This is required in the hopes that divorce is avoidable and the family gets to remain together. While your mediator doesn’t have to be a licensed attorney, our family law attorneys are also mediators. Hopefully, any differences can be worked out during mediation. Whether the divorce is inevitable or not, the mediation process can keep the case out of court and make the situation easier for everyone involved. If you choose to use the Ault Firm for both mediation and divorce proceedings, then the process will be smoother because we will already be familiar with your case.

If you do end up getting divorced, there are many things that need to be ironed out. If you have property, it will need to be determined who gets what. If alimony payments are necessary, a fair amount for both sides needs to be reached so that both spouses can lead normal lives.

Children Involved

The most emotional part of any divorce often revolves around what happens with the children. In Utah, both parents are responsible for child support. The courts will work to determine a fair amount based on multiple factors such as income and what type of custody arrangements have been made.

If one parent has sole custody, you may need help from an attorney when working out a visitation schedule so that the other parent can be involved in the child’s life. The Ault Firm will work with both sides and the court to handle this delicate situation.

What To Do

Family law attorneys work with and handle difficult situations. At the Ault Firm, we are experienced in the family law arena and understand all processes involved. If you need a Salt Lake City family attorney, we want you to know that our attorneys are compassionate and understanding. We understand you are going through a difficult time and we want to help you come to an acceptable solution for you, your former spouse, and your children. Whether you need mediation, divorce assistance, or help with child support and custody, we are here for you. You can contact us by clicking here or calling 801-539-9000.

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While losing custody may have been in the best interest of the child, it doesn’t mean you haven’t dreamt of the day that you could re enter your child’s life. If you have taken the steps to recover from addiction and are ready to re enter your child’s life, you may need a family law attorney in Salt Lake City to help you regain custody rights. The Ault Firm is ready to help you along the way.

The Devastation and Recovery

Addiction is a disease and should be taken seriously. Addictions are controlling and can completely unravel our lives. Addiction may have ended your marriage and caused you to lose custody of your child. Whether it was a failed drug test or social services deemed you unfit to have custody, there are steps you can take to get everything back on track.

While it is not an easy road, recovery is possible. Realizing you need treatment is one of the hardest steps. Entering a program to help you get clean and curb your addictions is a positive step, not only for your life, but for the life of your child.

New Beginning

Can You Regain Custody?

Yes, if you follow the procedures set by the court, you could eventually petition to regain custody of your child. It may not be a quick process and will likely begin with supervised visitation. That’s okay because it is a step in the right direction and will work to prove you are once again a capable parent.

There may be court ordered drug tests involved and they may be frequent. Failing one could mean starting over again, but they are a necessary part of the process. You may also be ordered to take parenting classes.

Eventually, if you stay clean and complete all court-ordered programs, you may be able to gain shared custody of your child.

Being able to be a part of your child’s life is important for you and your child. Their physical and emotional well-being is what matters the most and we want to help you achieve that for them.

What To Do

Understand that this is not a quick process. You need patience. Staying sober and focused is the most important thing for you to do while you recover.

If you have taken the steps necessary to turn your life around so you can re enter your child’s life, we applaud your efforts. We know the court system can be difficult to manage on your own and that you may need a family law attorney in Salt Lake City. The Ault Firm will help you through this process, including arranging expert addiction witnesses for your case. You can contact us by clicking here or calling 801-539-9000.

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Being engaged to someone is just a potentiality. You and your fiancé or fiancée are engaged to get married but have not yet married. Contrary to the popular belief, just because and your partner is not formally recognized as husband and wife does not necessarily mean that your relationship will not be recognized by courts or that you will not be considered a “family.”

“But here is where it gets confusing,” says our Salt Lake City family law attorney from the Ault Legal. “You may still have a legally recognizable status even if your marriage has not been solemnized or, in other words, there has been no formal marriage ceremony recognized by law.”

Unmarried parents and their legal rights in Utah

For example, let’s say that you and your fiancée have been living together for the past three or more years and/or you share a child together. From the legal perspective, even though you have not been formally married, you can be considered a “family” under Utah law.

When you share children together but have not yet married, you have some rights as parents, but not as spouses. Even though you may be recognized as a “family” by Utah courts, you will not have the same obligations and rights as a formally married couple unless you get married.

Un-solemnized marriage for fiancé and fiancée

If your relationship has not been formally entered into, the un-solemnized relationship between you and your fiancé/fiancée or partner can be recognized as a marriage and you will be considered a family if your relationship meets the “validity of marriage not solemnized” requirements. You and your partner must:

1. be of legal age and capable of giving consent;
2. be legally capable of getting married (entering into a solemnized marriage);
3. have lived together for a certain period of time;
4. have mutually assumed marital rights, duties, and obligations; and
5. consider yourself and have a general reputation of a husband and wife.

If your marriage has not been solemnized yet, and you are still a fiancé and fiancée, a court or administrative order must establish that your relationship meets the above-mentioned requirements in order to be recognized as a “family” under Utah law. “The establishment of the un-solemnized marriage must occur sometime in the court of the relationship or within one years after the termination of that relationship,” warns our experienced family law attorney in Salt Lake City.

Custody rights of unmarried parents in Utah

Under family law in Utah, an unmarried mother who gives birth to a child gains the natural or primary right to custody. The unmarried father, meanwhile, may have to jump through legal hoops to gain custody rights if his paternity has not been established by law.

Our Salt Lake City family law attorney at the Ault Legal explains that the father’s name must be included on the birth certificate when a child is born to an unmarried couple. However, paternity can also be established after birth, but this will most likely be complicated if a legal dispute arises between unmarried parents when it comes to child support, child custody, and parent visitation.

Do you want to learn more about your rights, duties, and obligations as an unmarried couple or parents in Utah? Schedule a free consultation by contacting the Ault Legal. Call our offices at 801-539-9000 or fill out this contact form for a free case evaluation.

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Getting a restraining order is nothing like any other court action, as the court in Salt Lake City and elsewhere in Utah grants a “temporary ex parte restraining order” immediately after the alleged victim makes a one-sided allegation of physical or sexual abuse or domestic violence without giving the alleged abuser an opportunity to defend himself/herself against the claims.

This temporary restraining order remains in effect until the court holds a hearing on the matter to decide whether to keep the order or eliminate it. A restraining order can serve as a major obstacle in reaching a consensus in a family law case, as the two sides will most likely not be able participate in mediation.

Exaggerated or made up restraining orders

“Unfortunately, not everyone files for a restraining order in good faith,” says a Salt Lake City family law attorney at the Ault Legal. “It is a usual scenario when a spouse exaggerates his or her claims or even makes it all up out of whole cloth to obtain a temporary protective order in their divorce and get full custody of the children and remain in the house while keeping the other spouse away at a safe distance.”

Regardless of how bizarre those claims are and whether your spouse lied when he or she filed for a protective order, it is critical that you comply with it. In no way should you come near your spouse if you have been served with a copy of a temporary restraining order, as you could end up in jail.

What happens if you violate the protective order?

Yes, even if your spouse lied his/her way into getting a protective order against you, there is nothing much you can do about it except wait for the court to decide whether to cancel the order or keep it. By violating that order, not only will you be criminally charged, but may also ruin your family law case altogether.

“We have seen this way too many times: a spouse gets a restraining order against her spouse by lying, and that spouse attempts to reach out to figure out what is going on, thus violating the order,” says our best family law attorney in Salt Lake City. “As a result, he is criminally charged for violating the protective order.”

And on top of that, people who violate a temporary protective order are stuck with a permanent protective order and significantly diminish their chances of legal success. So what should you do if you have been served with a protective order but you absolutely disagree with it or if the allegations made by your spouse are false?

What to do if you have been served with a protective order?

Your best option is to follow the conditions outlined in the protective order and wait. Wait until the court holds a hearing on the matter. If you are represented by a Salt Lake City family law attorney, you may be able to ask for an expedited hearing to cancel the order.

In order to do that, you will be required to show proof that your spouse’s allegations are exaggerated or made up, and/or impose an undue burden. If you are legally represented, you may even be able to make the other spouse pay your legal bills, compensate for any financial harm the temporary order caused you, and/or let you spend time with your kids the same number of days, weeks, or month that you lost because of the restraining order.

A protective order, even a temporary one, is a serious matter that should be handled just as seriously. Contact the Ault Legal to get a free consultation about your particular case. Find out what your best legal options are. Call our offices at 801-539-9000 or fill out this contact form.

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But this parenting plan does not work for everyone. Here at the Ault Legal, our best child support attorneys in Salt Lake City receive this same question from frustrated parents over and over again, “How do I sign away my parental rights to avoid paying child support?”

This is a good question to ask, but let us warn you – you will most likely not be pleased to hear the answer. That is because, technically, it is extremely difficult (almost impossible) to sign away your parental rights voluntarily. Let our Salt Lake City child support attorney explain why.

Why avoid paying child support?

Why do some parents want to terminate their parental rights? Don’t they care about their child’s well-being and financial prosperity if they want to avoid paying child support?

Let’s just say that it is often too complicated, and cases like these cannot always be summarized in black and white. There are many cases in which the noncustodial parent is legally required to make monthly child support payments without getting the opportunity to establish a connection with his/her child.

And more often than not, custodial parents keep complaining that the existing child support order is not enough to finance the child’s lifestyle and buy him/her some essential things for development, education, healthcare, and other… You cannot really blame noncustodial parents in such situations for wanting to terminate their parental rights.

They never get to see their kids. Their child does not even recognize them anymore. And yet their wallets keep getting thinner while the custodial parent cannot guarantee that the other parent spends enough time with the kid to enjoy a positive relationship.

“It is understandable why many noncustodial parents seek to sign away their parental rights as they no longer want to put up with their ex and pay their hard-earned money for basically becoming strangers with their own kids,” explains our Salt Lake City child custody lawyer at the Ault Legal.

How to terminate your parental rights to get out of child support?

So how do you sign away your parental rights to avoid making child support payments? It is extremely difficult to terminate your parental rights voluntarily. In fact, the chance that you will ever get the opportunity to terminate your parental rights are very low.

Under family law in Utah, you can get out of paying child support voluntarily only if the other parent gets married again and their new spouse will want to pursue a step-parent adoption, assuming full financial responsibility for supporting the child.

If this is not a viable option, there is not much you can do to sign away your parental rights. However, there may be another way out from this situation, says our Salt Lake City child custody attorney. And the best part is that you get to keep your parental rights.

Utah family law does not allow parents to sign away their parental rights so easily because it would not be in the child’s best interests. However, if you and your lawyer can persuade the family court that it would in the child’s best interests if your parental rights were terminated, you may still be able to sign away your parental rights without having to resort to other options.

But a much better option would be to hire an experienced family law attorney in Salt Lake City or elsewhere in Utah and either reduce the amount of child support due to the custodial parent’s reluctance to comply with the existing, court-approved parenting visitation schedule or ask the court to enforce your parental rights by preventing the other parent from obstructing you from having contact with the child.

There is always a way out. Consult with our skilled attorneys at the Ault Legal to find out which option would be the best in your particular case. Call our offices at 801-539-9000 or fill out this contact form.

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It might sound scary, but Facebook has become an inextricable part of your everyday lives. And if Facebook CEO’s Mark Zuckerberg’s testimony before the Senate Committee last month is any indication, we should probably be at least a little careful about what we share on the leading social media platform.

This is especially true if you are currently going through a divorce, child custody, alimony, or any other family law case. That is because whenever you share something on your Facebook page – messages, photos, posts, videos, etc. – it is all up for grabs and considered “discoverable” in family court proceedings.

Sharing your thoughts or day-to-day activities on Facebook can play a cruel joke on your success in family court. Similarly, keeping track of what your ex or spouse is sharing on his/her social media account can help you win the case proving that he or she is lying, has a problem with alcohol or drugs, spends alimony or child support money inappropriately, cheating on you, does not comply with the terms in your child custody agreement and/or can be considered dangerous for your child.

Our Salt Lake City family law attorney at the Ault Legal says that Facebook – and any other social media site, for that matter – can become a treasure trove of evidence that can either ruin or help resolve your case.

Examples of how Facebook can ruin or help your case

• A mother shows Facebook photos of the other parent – and those photos were shared by that parent – showing him partying at a bar and getting drunk even though this was the day he was supposed to be with his child.
• A man presents Facebook photos of his ex-wife, who claimed alimony because she does not have enough money and cannot get back to work to earn a living, showing the woman having the time of her life at a girls-only night out drinking fancy champagne and eating expensive food – or the photos of her spending a costly vacation abroad.
• A mother shows Facebook postings proving that the father of their child was actually working in another city on the day he was supposed to watch their child, as agreed upon in their child custody agreement.
• A husband proves that his wife’s allegations of domestic violence were false by showing Facebook messages from her threatening him to lie about domestic violence out of spite.
• A custodial parent did not allow the non-custodial parent to spend the day with their child by claiming that the child was not feeling well. The non-custodial parent then presents Facebook photos from the custodial parent’s account showing the child doing just fine and even outside that day to prove that the other parent is trying to obstruct the relationship between him/her and the child.

Examples of how Facebook can serve as a goldmine of evidence in a family law case are infinite. It is true what they say: when you post anything on your Facebook account, you automatically assume the risk that whatever you post may be used against you. And this goes beyond your public photos and postings on your timeline, as private messages and the photos or videos you share via private messaging are also considered “discoverable” in family court in Salt Lake City and elsewhere in Utah.

Also, do not forget that Facebook keeps a copy of everything you have done on Facebook. The social media platform, which was in the center of a user data privacy scandal last month, keeps track of every time a user logs in, from what location a user logs in, and the approximate latitude and longitude coordinates, among other revealing data.

Both public and private data from your Facebook account can become invaluable and critical pieces of evidence in family law cases, which is why many people choose to delete their Facebook accounts in an attempt to NOT provide compromising information. But deleting your Facebook account amid a family law proceeding – when the family court has a reason to believe that your Facebook page contains valuable evidence for the case – can be viewed as you destroying or tampering with evidence.

Therefore, if you are currently going through a family court battle, our Salt Lake City family law attorney advises you to deactivate your Facebook account until your case has been resolved and finalized, or at least discipline yourself to not share or write on your Facebook anything that could discredit, invalidate or ruin your case.

Contact the Ault Legal to find out more today. Call our offices at 801-539-9000 or complete this contact form to get a free consultation about your particular case.

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But should you wrongfully accuse your spouse of child abuse to prevent him/her from seeing and communicating with your child? Our Salt Lake City family law attorney from the Ault Firm is going to answer this question shortly. But before we do, let us explain how Utah family courts handle child abuse allegations.

What happens after child abuse allegations are made?

Obviously, Utah courts take child abuse allegations as they can be a huge game-changer when determining child custody and child support in a divorce. That is why courts have a few options when one of the parents accuses the other one of abusing the child.

• Set up a hearing and hear testimonies from the two parents, their lawyers, and witnesses. These hearings can significantly delay the court’s final decision, as it could take judges months or even years to ensure that the allegations are not baseless and/or if the abuse is serious.
• Order an investigation from a child protection services agency. The court would then wait for the agency’s report to proceed with the divorce.
• Order a child custody investigation, which is a more common way to investigate child abuse allegations in Utah family courts, especially when those allegations are not serious. A court employee or child custody evaluator appointed to handle the case would interview the parents, witnesses, look for evidence, and, in some cases, talk to the child. No matter what side you are on – the accuser or the accused – the importance of being represented by a Salt Lake City family law lawyer cannot be overestimated to prevent an unfair or biased investigation.

Parental rights can be suspended when child abuse allegations are made, therefore, if you are the accused parent, you must contact a Salt Lake city family law attorney immediately. Your attorney can gather all available evidence, including your lack of criminal record or background of committing abuse.

What if a parent makes false child abuse allegations?

Unfortunately, it is not uncommon for parents in Utah to make false allegations of child abuse just to secure a favorable child custody decision. Why is this happening?

First of all, because this may become a sure-fire way to obtain primary child custody rights. Second of all, because this is easy and the punishment for making false child abuse allegations is relatively minor.

Let’s assume for a second that you have made false child abuse allegations – or the allegations have been labeled “false” even though you know they are true (yes, a good family law attorney can work wonders) – what penalties would you be facing? You may be penalized for knowingly making false child abuse allegations during a child custody proceeding. The penalty typically covers the costs incurred to carry out the hearings, investigations, and attorney fees since the false allegations were made.

In addition to that, a Utah family court will most likely deny or limit the parent’s custody or visitation rights if it has been proven that the parent has made child sexual abuse allegations and he or she knew they were false. False child sexual abuse allegations are taken seriously by courts, which is why making such accusations is treated the parent’s attempt to interfere with the parent-child relationship.

Whether you are the accusing party or the accused, seek immediate help from a Salt Lake City family law attorney to find out the best legal strategy in your particular case. Do not even attempt to fight this battle alone, as this is a complex area of the law, with a lot at stake. Call the Ault Firm at 801-539-9000 or complete our contact form to get a free consultation.

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