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How to Fight Fair in a Custody Case

As a divorced parent, being separated from your children can be a heartbreaking experience. When it comes to divorce, child custody disputes are often times a challenging and tricky aspect that both parents have to deal with. Court cases associated with divorce generally handle the child custody case, as well. So when you are preparing for the custody battle of your children, it is important to keep it in mind that may not be an equally fair fight. Below are some useful tips on how to properly represent yourself, and fight fair in your child custody case. Hire a Good…

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How to Handle a Domestic Violence Case in Utah

Legal Matters and Utah Domestic Violence Law A police officer in Utah has the right to make an arrest in a domestic violence situation, as long as there is probable cause that a violent act has already taken place, or if there is a strong possibility that one will occur. The police officer then has to make an arrest against the aggressor, or the future defendant in situations like this. In Utah, once a person is convicted of a domestic violence crime, any other subsequent domestic crimes may lead to an increase in possible punishment. Once an arrest is made,…

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What Are My Visitation Rights?

Are you in the middle of a custody dispute? Dealing with the legal ramifications of child custody cases can be stressful, frustrating, and overwhelming. Our Salt Lake City Law Firm has experience handling a variety of legal cases and we can provide you with assistance related to your visitation rights. Talking to Your Attorney The Law Offices of Kelly Petersen Law are here to help. We can assist you with a child custody battle in Utah. We advise you to contact our office to discuss the following: What legal recourses are available for your case. Should you ever discuss your…

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What Is A Utah Restraining Order?

Are you being harassed by a former spouse, co-worker, or someone that once played a role in your life? No matter what the circumstances are, a restraining order is the first line of defense in protecting you against physical, mental, sexual and emotional abuse. Understanding Utah Restraining Orders If you are feeling threatened by another person, but they have not physically done something to you law enforcement cannot do anything to protect you. The protective order is the tool to provide that protection. Restraining orders are often referred to as protective orders. When the order has been filed, the other party must stop harming…

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Utah Child Custody and Parent Time

Navigating the custody laws in Utah can be challenging for many people. What criteria are used to determine child custody laws? Typically it is based on the best interests of the child. Parents seeking to file for child custody in Utah need to hire a good attorney to represent their legal parental rights. At Kelly Peterson Law we provide representation for child custody. Here are some tips for individuals or couples looking for an amicable resolution for their children. Determine the Best Interests of a Child When determining the best interest of a child, Utah courts consider the following factors:…

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Co-Parenting Issue: How to Deal With Child Visitation Refusals

There are a number of problems parents face after divorce, but one of the hardest is when a child refuses to leave for a scheduled visitation with the other parent. While the child may have a preference for one parent, legally, the other parent is entitled to time with the child based on the court’s ruling. Here are some things you can do to deal with this challenging situation and handle it with dignity: Ask questions. You need to talk to your child and look for the cause. Does your child want more time with you, or is there a…

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Documents You Need to Update After Divorce

Has your divorce become final? Once you receive a divorce decree, you will need to update several things from bank accounts to credit cards and life insurance policies. Updating these records prevents your ex from becoming the beneficiary in the event of your death. Many people will update a drivers license after a divorce to reflect a different last name (if you change it).  Here are the most important documents you need to update after a divorce: Social Security Card. If you want to change your name, you will need to file your divorce decree with the Social Security Administration.…

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The Protective Order Defined

What is a protective order? The protective order is a first line of defense for protection against physical, mental, sexual and emotional abuse. If you are feeling threatened by another person, but they have not physically done something to you law enforcement cannot do anything to protect you. The protective order is the tool to provide that protection. It is frequently confused with a restraining order. What are Protective Orders? Protective orders are available for adults, children, and other people in your care. This order can include keeping the individual away from your home, work, or children’s school or any other place you frequent. To get a…

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Understanding Different Divorce Filing Options

When a marriage ends, it can be an emotional, mental and physical strain on anyone, even if the divorce is agreed upon. What can make this process even more difficult is all the overwhelming amount of options when it comes to the different types of filing. What do these entire options mean and what is the best for your current situation?  Fault or No-Fault Divorce: All states now should offer a no-fault divorce filing option, prior in many places a spouse had to be at fault. In some cases some will still choose to have a fault divorce rather than…

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What Happens When Domestic Violence Victims Won’t Testify?

Several states have different laws pertaining to domestic violence. In a number of states, people are entitled to refuse testimony against their spouse in a court proceeding. Utah Code § 76-5-109.1 deems it is a crime for anyone to commit domestic violence in the presence of a child. Individuals arrested for domestic violence of any kind should contact an attorney immediately to discuss action. The individual whom the crime was committed against can legally refuse to testify, this right is called “spousal testimonial privilege.” The privilege is meant to promote peace and harmony within a marriage, removing a damaging testimony against…

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*Child Welfare Law Specialist Nat’l Assoc. of Counsel for Children