Family Law
Can my ex’s new relationship affect our custody arrangement?
If your ex has started a new relationship, you probably want to make sure that it isn’t going to negatively affect your children. If you are concerned about this, you aren’t alone. The new significant other is going to interact with your children often, may be around for a long time, and in some cases,…
Read MoreWill Utah Law Allow me to Pursue a Request to Modify a Custody Order?
Sometimes, after parties receive a final Decree of divorce (or parentage), one or perhaps both parties later wish to amend the Decree based on a change in circumstances with the parties or their children. At Daniel W. McKay & Associates, we assist our clients with this type of proceeding regularly. A party may receive…
Read MoreIs My Spouse Allowed to Withdraw Funds from our Joint Bank Account During our Utah Divorce?
At the onset of a married couple’s separation in Utah, the parties might feel like there are more questions than answers when it comes to the temporary status of the parties’ funds, assets, and properties, prior to a final decree of divorce being signed by a judge. Those questions often include: Am I allowed to…
Read MoreIf I’m Retired, Am I More Likely to Receive Alimony?
As you might have read about in some of our previous blogs, alimony – also known as spousal support – is sometimes awarded to a party in a divorce proceeding. An alimony award may be impacted by the court’s consideration of whether to “impute” income to the spouse seeking alimony. Imputing income is when a…
Read MoreCan a Parent Lose their Parental Rights Based on a Procedural Deficiency in their Response to a Petition for Adoption?
Under Utah law, parents have a fundamental right to parent their children. The Utah Termination of Parental Rights Act states: “Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s child.” Utah Code Ann. §78A-6-503(1). Typically, a…
Read MoreHow Much Parent-Time Will I Be Awarded If My Ex-Spouse Receives “Sole Custody?”
When joint physical custody (i.e., when a child spends more than 30% of overnights with each parent), is considered but not determined to be a viable option in a divorce or parentage case, a Utah Court may award “sole physical custody” to a primary custodial parent (i.e., the child spends less than 30% of the…
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