Few human experiences are more difficult and emotional than the issues leading to family legal problems.
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Since 2002, the bulk of Kelly’s practice has included complex family law matters.
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When parties who are unmarried have a child, and disputes arise over the establishment of paternity, custody, visitation and support, the type of suit filed depends on the status of the father.
Presumed Father. A presumed father is one who is legally presumed under the law to be a child’s father, although that presumption can often be legally challenged and/or rebutted in a court of law. Read More
Can Non-Parents Challenge a Parent’s Right to Custody?
Yes. The “parental presumption” is a legal assumption that the children would be better off with a parent than a grandparent or other non-parent, and that a parent’s decisions regarding a child will be in the best interest of the child.
However, the parental presumption may be rebutted. Once the parental presumption is rebutted, non-parents, such as grandparents, can be on equal footing with parents in their bid for custody or visitation. Read More
If two parents agree for a grandparent or non-parent should have custody, this is a “guardianship” type of circumstance. However, the guardianship of the child lasts only as long as the consent of the parents because guardianship of a minor child to a non-parent is conditional from parental consent because the parental presumption has not been rebutted at that point and parents can consent a guardianship.
Another factor is the benefit of keeping siblings together (including half-siblings). Let’s suppose that there are 3 children but this is the mother’s second marriage, and the father’s first marriage. The mother had 2 children from her previous marriage and she and the new husband have one child and now they are getting a divorce. One thing that the court would consider is keeping all 3 children together for the benefit of the strength of the relationship between siblings or half-siblings, because the siblings are going to be a main source of stability throughout that child’s entire life. If the court can maintain that stability by keeping the children together, then they will do so. Read More
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At Kelly Peterson Law, we care about our clients. Our team isn't just solely focused on resolving their legal disputes -- we also sit down with them and listen to their concerns. We want to find the ideal solutions that can help each of our clients to rebuild their lives, and move forward to a more positive, and peaceful future. Our team is equipped to provide families with the most effective, and affordable legal services, regardless of what the legal disputes might be.
Contact us to make arrangements for a consultation: (801) 899-6977.
"He is an extraordinary attorney, and stands out among the attorneys in this area. In my experience, Mr. Peterson has always been well prepared for any case in which he takes a position. He does his homework, meets with his clients, and is reasonable, as well as smart in his..."– Lori Fowlke
"Kelly has consistently proven himself to be a highly skilled litigator. His pre-trial preparation is among the most thorough that I have ever seen. What perhaps has been the most surprising aspect to me is how efficient his methods are. Time is not wasted, and quality work product is ..."– F. Richards Smith