Charles Ahlstrom’s Answers

Charles Ahlstrom

Salt Lake City Family Law Attorney.

Contributor Level 8
  1. Child Custody - moving out of state

    Answered over 1 year ago.

    1. Charles Ahlstrom
    2. Jeffrey Reid Butler
    2 lawyer answers

    The answer to your question depends in large part upon the divorce decree. Typically, the Utah Relocation Statute would govern the move. However, since your husband has true joint custody, both physical and legal, he has significant rights that cannot be changed simply because the ex wants to move out of state. You need to consult with an attorney quickly and get the matter in front of the court soon. You can stop her from removing the children from the state without first resolving the...

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  2. Have had legal and physical custody for 11 years of now teenagers. What are the chances of losing either legal or physical?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Charles Ahlstrom
    3. Matthew Thomas Majeski
    3 lawyer answers

    The court looks at a number of factors to decide whether or not to make a change in custody. The primary factor in your favor is the length of time the children have been with you. If the children are thriving physically, mentally and emotionally, the court is not likely to disrupt the custody arrangement without compelling circumstances. That is not the only factor, however, and you cannot rest on an argument to not move the children after 11 years.

    1 lawyer agreed with this answer

  3. Does a father have legal rights to a daughter he as had no contact with?

    Answered over 1 year ago.

    1. Jeffrey Reid Butler
    2. Charles Ahlstrom
    2 lawyer answers

    It seems as though your question is really asking if your sister can leave the state without the biological father's consent. It would seem that your sister would be free to leave the state; there is no order that would prohibit her from doing so. The biological father has to take some steps on his own in order to establish and preserve his rights. Your sister does not need to wait around for him to do that. The only exception to that would be if it was prohibited by the paternity order....

    1 lawyer agreed with this answer

  4. I have a son. His father has not been in his life much. My husband wants to adopt I want to know the steps we need to take?

    Answered over 4 years ago.

    1. Charles Ahlstrom
    1 lawyer answer

    There are two things that need to happen. First, you need to terminate the natural father's parental rights. If the father has not had contact wih the child for a year or more, you have a good case of neglect and/or abandonment. An important fact would be whether the father has been paying child support during that time. Second, you would need to file a petition for your current husband to adopt the child. Both things could be done at the same time; the petition to terminate parental rights...

    2 people marked this answer as helpful

  5. I have a son. His father has not been in his life much. My husband wants to adopt him, what steps do we need to take?

    Answered over 4 years ago.

    1. Charles Ahlstrom
    1 lawyer answer

    There are two things that need to happen. First, you need to terminate the natural father's parental rights. If the father has not had contact wih the child for a year or more, you have a good case of neglect and/or abandonment. An important fact would be whether the father has been paying child support during that time. Second, you would need to file a petition for your current husband to adopt the child. Both things could be done at the same time; the petition to terminate parental...

    2 people marked this answer as helpful

  6. Can my childs mother take him to live out of state without my permission?

    Answered over 4 years ago.

    1. Charles Ahlstrom
    1 lawyer answer

    If your paternity has been legally established (i.e., you have a court order establishing paternity) you can petition the court to modify your order based upon her leaving the state, or you can ask to modify the parent-time schedule based upon the Relocation Statute, U.C.A. 30-3-37. If your child support order is only through ORS, and the only paternity determination is through ORS, you need to get the paternity legally established quickly, so that you have standing to object to her leaving...

    1 person marked this answer as helpful

  7. Is there an advantage in a devorce to using a cause such as adultary if it exists.

    Answered over 4 years ago.

    1. Charles Ahlstrom
    1 lawyer answer

    Utah, like many other states, is a "no-fault" divorce state. That means that the fault of one or both parties is not a necessary pre-requisite to initiating a divorce action. For many years, information regarding fault, such as allegations of adultery, were not particularly relevant. However, a few years ago the Utah appellate courts found that fault could be considered by the court in making an alimony award. So, while it does not make the difference, evidence of adultery is certainly an...

    1 person marked this answer as helpful

  8. Am I obligated to pay alimony.

    Answered over 1 year ago.

    1. Charles Ahlstrom
    2. David Alexander Browde
    2 lawyer answers

    The do-it-yourself divorce option typically works only if both parties are in agreement. It seems as though your ex is not going to cooperate. Alimony often is a hotly-contested issue in divorces. If you want to minimize the amount of your possible financial obligation, you should consult with counsel.

  9. Joint custody and relocation - permission from the other parent?

    Answered over 1 year ago.

    1. Charles Ahlstrom
    1 lawyer answer

    Because your husband has joint custody, he has significant rights. The ex-wife cannot simply move out of state as a way to change his status as a custodial parent. However, it is important to get that matter back before the court so those rights can be protected. The 60 day notice is required under the Utah Relocation Statute; however, there is other information that must be provided in the notice. If it is not, the ex-wife could also be in contempt of the court's prior orders.

  10. What rights do i have with my unborn son when my ex girlfriend wont talk to me and is going to move out of state

    Answered almost 3 years ago.

    1. Charles Ahlstrom
    2. William Luke Labre
    2 lawyer answers

    You do need to file that paternity action, particularly if you want to be involved with your child. I agree with all of the information provided in the prior response. In my experience, you will also want to decide just how dedicated you are to this child. I have seen mothers who use this tactic to force fathers to bow out of the picture. It sounds like this is going to be a tough fight. Be prepared to go back to court, because it normally doesn't just end with the paternity determination....