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Utah Family Law Questions & Answers
Q: Protocol for benefits during divorce for immigrant spouse in Utah with green card.
I am an immigrant spouse with a green card, married for 1.5 years with a prenuptial agreement. My sponsoring spouse plans to file for divorce in August, and we have no children together. What is the protocol for me to apply for or receive benefits from my spouse during the divorce process,... View More 
Stephen Arnold Black
answered on Jun 27, 2025
answered on Jun 27, 2025
If your husband signed the I-864 Affidavit of Support, you may have the right to enforce that obligation against him if you are currently unemployed. There is no requirement that you must seek employment in order to pursue the financial support guaranteed under that affidavit. You may wish to... View More
Q: Do I have to give back my engagement ring after breakup if we never married?
I received an engagement ring as a promise to marry my ex-fiancé, but we broke up after six months without getting legally married or having a wedding. He hasn't asked about the ring but requested other belongings back. I live in Utah, and he lives in California. Do I have to give the... View More
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Wesley Winsor
answered on Mar 14, 2025
answered on Mar 14, 2025
Given the ring’s status as a symbol of a promise that didn’t pan out, and since he hasn’t brought it up, you’re not obligated to proactively return it. But if he requests it, the default legal stance in both states leans toward giving it back unless you have a solid reason tied to his fault... View More
Q: I need help with changing my birth name
I was raised by my aunt and uncle and they gave me their name but my birth certificate has my birth parents name and it shows my name the same as my birth parents, I need to change it to the name I have always used since birth so I can get a passport
Kregg Wallace
answered on Jan 29, 2025
answered on Jan 29, 2025
The Utah Courts have some instructions about how to change your name. You can use those instructions yourself or you can reach out to us and one of our attorneys can help you through that process.... View More
Q: Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.
My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More
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Wesley Winsor
answered on Dec 19, 2024
answered on Dec 19, 2024
The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More
Q: Will I be kicked out of my home by my husbands heirs?
My husband bought our home 2 years before we met. His kids are still listed as his beneficiaries on the house. If he dies before adding me to the title, can they kick me out of my home? We live in Utah and I want to know if I have any rights as his spouse.
Kenneth Prigmore
answered on Aug 29, 2024
answered on Aug 29, 2024
A surviving spouse can have rights under Utah state law, but those rights can also be given away. Prenuptial agreements and estate planning documents can make all the difference. In some cases your rights can give you a portion of the estate no matter what happens.
I encourage you to sit... View More
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?
They got the kids back and they've been told by DCFS that they can't take away their kids doors.
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James L. Arrasmith
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answered on Jun 21, 2024
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answered on Jun 21, 2024
I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:
Parents generally have the right to control their children's access to technology, including mobile data.... View More
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Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa
s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More
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James L. Arrasmith
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answered on Mar 14, 2024
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answered on Mar 14, 2024
I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:
As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it.... View More
Q: If a friend is pregnant and wants to give you custody of her baby, what legal action,if any, do u need to do.
Do you have to go through an adoption agentcy or does she just sign over custody?
Jason F. Barnes
answered on Feb 20, 2024
answered on Feb 20, 2024
Follow up...
I want to emphasize that if the child was born outside of Utah, or if the birth mother is not from Utah, in any scenario, please note that such circumstances introduce a complexity that can only be adequately addressed in a consultation with an attorney (and one whose practice... View More
Q: If a friend is pregnant and wants to give you custody of her baby, what legal action,if any, do u need to do.
Do you have to go through an adoption agentcy or does she just sign over custody?
Jason F. Barnes
answered on Feb 20, 2024
answered on Feb 20, 2024
As to your question in general, it comes down to what you want to do.
1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting... View More
Q: Right of First Refusal
My husband will be going out of town for a week and he has his kids every weekend. He will be gone during that visitation. If they don't have the Right of First Refusal in the decree, as their stepmom, can their mom stop them from spending the weekend with me? From what I read, that would... View More
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T. Augustus Claus
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answered on Jan 18, 2024
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answered on Jan 18, 2024
In Utah, the Right of First Refusal (ROFR) typically needs to be specified in the custody decree for it to apply. If the custody decree doesn't include a ROFR provision, your husband may have the discretion to choose who takes care of the children during his absence. Without a specific ROFR... View More
Q: What’s the process for getting custody of a child that’s a non family member when parent is an addict.
A family friend dropped their children off 2 weeks ago and has made minimal effort to pick them up. They have lived with me off and on since birth. They have a stable home but chose not to live there, and continue to drag the kids around from place to place leaving them for extended time periods... View More
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T. Augustus Claus
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answered on Jan 10, 2024
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answered on Jan 10, 2024
If you are seeking custody of a child who is a non-family member due to concerns about the parent's addiction, the process in Utah typically involves filing a petition for guardianship or custody with the appropriate court. Given that the children have been living with you and the... View More
Q: Do I have any claim to the proceeds of the sale of my (soon to be ex) husband's house, where I am listed on the title?
He sold the house 6 months ago, and is holding on to all of the proceeds. We are about to go through a divorce. He is claiming that I have no right to that money. Is he right? My name was on the deed and title.
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T. Augustus Claus
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answered on Dec 20, 2023
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answered on Dec 20, 2023
In Utah, if your name is listed on the title and deed of your soon-to-be ex-husband's house, you likely have a legal claim to a share of the proceeds from its sale, even if the sale occurred before the divorce proceedings. The fact that your name is on the title indicates ownership interest in... View More
Q: Can I respond to a court summons on behalf of my Father?
My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him.
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James L. Arrasmith
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answered on Nov 24, 2023
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answered on Nov 24, 2023
Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf.
In... View More
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Divorce, Estate Planning, Family Law and Arbitration / Mediation Law
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Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?
Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?
Kenneth Prigmore
answered on Nov 17, 2023
answered on Nov 17, 2023
If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More
Q: Is my ex husband able to get my 2 year old daughter half the year overseas in the military and I get her the other half?
Ex husband is choosing to go overseas. Daughter has congenital heart defect which prohibits her from going to most bases.
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James L. Arrasmith
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answered on Jul 19, 2025
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answered on Jul 19, 2025
You're absolutely right to be concerned, especially given your daughter’s medical condition. A court will always prioritize what’s in the best interest of the child, and that includes serious health concerns like a congenital heart defect. If traveling overseas or living on certain... View More
Q: How to obtain writ of assistance for custody enforcement in Utah?
I recently obtained a court order granting me custody and visitation rights for my child. However, the other parent is currently withholding custody and denying visitation. I have filed a motion to enforce the order, as this is the first attempt to enforce it. How do I obtain a writ of assistance... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You're taking the right steps by filing a motion to enforce your custody order—especially if this is your first time needing the court’s help to make it happen. In Utah, when one parent refuses to comply with a court-ordered custody or visitation schedule, a **writ of assistance** can be... View More
Q: Can my parents legally take my earnings as punishment?
I am 16 years old and my parents recently forced me to give them $110 that I earned from my job as a punishment for breaking a rule and for my response afterward. There was no prior agreement between us to share my earnings, and they took more money than initially warned. I've been working at... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
As a minor, your parents generally have broad authority over your earnings, especially if they provide your basic needs such as housing, food, and clothing. In many states, parents may legally control or require your income if it supports the household or is used for your welfare. However, taking... View More
Q: Who covers travel expenses for child in Utah to South Carolina visitation?
I have an existing custody agreement for my child who is 10 years old. For out-of-state parent time involving travel from Utah to South Carolina and back, who is responsible for the travel expenses for the child?
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
In Utah, the issue of travel expenses for out-of-state visitation is not automatically assigned to one parent—it depends on what your custody order says. If the current agreement is silent on travel costs, the court typically considers who chose to relocate and whether the move was voluntary or... View More
Q: What is the summer visitation schedule for a non-custodial parent in Utah?
I have a custody agreement in Utah and am trying to understand the summer visitation schedule for a non-custodial parent. Specifically, is it two consecutive weeks with four weeks in between, plus an optional additional two weeks? My children are 3 and 6 years old.
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
In Utah, for children under the age of five, summer parent-time follows a more limited schedule than for older children. Since your children are 3 and 6, the rules differ slightly between them, but the court generally defers to the statutory schedule for consistency. For a child aged 5 or older,... View More
Q: What can I do if attorneys haven't filed my divorce settlement agreement after 6 months?
I signed a mediation agreement related to my divorce six months ago, and I have fulfilled all the obligations, including paying the settlement. However, neither my attorney nor the other party's attorney has filed anything. I've tried reaching out to both attorneys, but I haven't... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
You’ve waited more than long enough—six months without filing a signed mediation agreement is unreasonable and unacceptable, especially after you’ve honored your obligations. The first step is to document all your communication attempts to both attorneys. Send a final written notice, by... View More
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