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Justin T. Ashworth

Justin Ashworth’s Answers

7 total

  • Can i sign away my parental rights to my teenage kids

    My girls are 17 &16 and won't have nothing to do with me I've tired for a year now and still nothing

    Justin’s Answer

    I agree with Mr. Marker on the information provided. Without someone else to step into the picture and assume parental role (i.e., through adoption), it is very unlikely that you could terminate your parental rights, just because your kids hate you and will have nothing to do with you.

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  • Is it illegal to be engaged to a 17 year old even if I have a parent consent ?

    my fiancé is 17 years old and I am 29 , we are engaged and in the process of applying for our marriage license . Her mother has gave us her blessing. she is in college . Can I still get in trouble for that? some of her friends are trying to scare...

    Justin’s Answer

    As indicated by all of the other answers to this question, the problem is not being engaged or even getting married (with parental consent) to a girl who is under 18 year old and 12 years your junior. That's all legal. The problem is sex, as there is no consent that would make a non-marital sexual relationship with this girl legal. Any sexual conduct with this girl before she is 18 or your are married would be unlawful, under Utah Code 76-5-401.2 - Unlawful sexual conduct with a 16- or 17-year-old, and punishable as a felony.

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  • Our agreement stipulates i must give 60 days notice to move. I am only moving 1 block away. We have 50/50 joint physical/ legal

    The kids will stay in the same school, my ex will pick up and drop off at the same school like it has always been. There is no change to him. Will the court make me stand by this agreement? Also he said he will find a way to keep me from moving at...

    Justin’s Answer

    You haven't indicated that the agreement says that your ex gets to veto or approve any move you might make, only that you have to give notice. If your agreement states that you must give 60 days notice of your intent to move (even only a block), then you should give timely notice of your intent to move and then move, unless you are stopped or ordered otherwise.
    Although it sounds like he's having some success just making threats, in order to legally stop you from moving, your ex would need to present an articulated threat of some immediate harm that would come to your children as a result of the move. That's a fairly high burden. It's unlikely that the family court will see a mother moving into her own home in the same neighborhood where she has been living with her children as a bad thing. More likely, the court will take a dim view of a father trying to keep his ex from moving into her own home.

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  • Is it possible (in Utah) to be divorced if you don't physically accept papers after being served?

    My sister recently found out she was divorced but was unaware of it. The story goes: her husband had papers drawn up. Person appears at the door to server her. But my sister refuses to accept them and closes the door. She Googled her name the othe...

    Justin’s Answer

    Yes. If your sister is divorced but never participated, it's likely the divorce petition was granted in default, though there's more than one way it could have happened.
    For example, if the person who appeared at the door to serve your sister told her that he/she was there to serve a Summons and Petition for Divorce and then your sister closed the door on that person before he/she left the papers at the residence, that's arguably good service under Rule 4(d)(1) of the Utah Rules of Civil Procedure. Whether true or not, if the person who appeared at the door submitted an affidavit in which he/she claimed to have delivered the Summons and Petition for Divorce to your sister's residence and your sister never contacted the Court or answered, then the divorce would have proceeded and judgment (divorce) would have been granted in default.
    However it happened, if your sister wants to challenge her divorce or any of the orders in the Decree of Divorce, she's going to need to ask to have the judgment (divorce) set aside. At the very least, she should contact the Court and get a copy of the Decree and read through it, so she knows what was ordered and can consider her options.

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  • I have a question regarding child support.

    A single couple have a child together. The couple does not marry. The male (still single) gives the female monthly child support for the child the (single) couple had together. The female marries a different male (not the father). Does the bi...

    Justin’s Answer

    Yes. The biological father has an obligation to financially support the child, regardless of the biological mother's marital/relationship status. This support obligation includes base child support and the other sums mentioned by Mr. Wall. Generally, a parent's obligation to support a child continues through the child's 18th birthday or high school graduation.
    In Utah, Child support can be ordered by a court in a paternity/child support action brought by one of the parents or through ORS in an administrative action by the State. Custody and visitation can be agreed upon between the parents or ordered by a court, but parent time and custody are not addressed in an administrative action.

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  • Is the pretrial conference an opportunity to have criminal charges dismissed?

    I've been charged with three misdemeanor counts of violating a stalking order. Two of the charges lack evidence or witnesses apart from the statements of my accuser and the third does not allege that I was at a prohibited location or that I even ...

    Justin’s Answer

    Generally, no. To be clear, the opportunity to dismiss is there, if the dismissal is initiated by the prosecutor. Because, the court does not hear or take evidence at a pretrial conference, it is much more likely that the prosecutor will view this as an opportunity for you to agree to and enter a plea. This is not the type of case that you should try to handle by yourself.

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  • Is an infraction considered a criminal offense? Would it create a criminal record?

    The city prosecutor has charged me with a class A misdemeanor for allegedly violating a no-contact order. While the charges appear flimsy and likely to be defeated at trial, I would rather avoid the expense and hassle if possible and am thus cons...

    Justin’s Answer

    The answer to your questions are yes. If you plead guilty to a criminal infraction, the record of the conviction would be a criminal record, and if you plead guilty, if would be viewed (strictly) that you pled guilty to a criminal offense. However, from the facts as given and your questions, it seems that you have specific concerns about consequences that can't be answered without more information. To make sure you understand the consequences as they apply to you, you really should consult with counsel. But if does come down to what it's worth to you.

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