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Charles Ahlstrom

Charles Ahlstrom’s Answers

23 total

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

    Mother currently has visitation. Served me for joint custody. Boys are 16 and 17 now.

    Charles’s Answer

    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.

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  • Am I obligated to pay alimony.

    I have been Seperated for about 4 years and during this time my ex has purchased a house and moved multiple times with the same man. Setting up a home that has included rooms for my kids as well as his. I'm in the middle of doing an self help di...

    Charles’s Answer

    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.

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

    My niece's father has had no physical contact with her. Paternity was established a few months ago and the state has garnished his wages for child support. My sister wants to take her daughter out of state, but she's not sure if she can legally.

    Charles’s Answer

    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. The order always controls in these types of matters.

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  • Joint custody and relocation - permission from the other parent?

    myhusbandhasjointcustodyofthetwochildren,werecievedatextmessagefromhisexstatingshewasmovingoutofstatein60daysforjobrelocation.Doesshehavetohavepermissiontodothisandwhatarethelegalitiestoprotectmyhusband?

    Charles’s 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.

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  • Child Custody - moving out of state

    My husband has joint legal and joint physical custody of his two children. We received a text from the ex advising that she is moving out of state and taking the children with her in 60 days. Does she need to have permission from my husband to t...

    Charles’s Answer

    • Selected as best answer

    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 parent-time schedule and other issues.

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  • 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

    everything was fine then i had surgery and she broke up with me. I tried to work things out with her but she kept fighting and braking up with me, so i told her i wasnt going to stay with her but i wanted to still be apart of my sons life. now sh...

    Charles’s Answer

    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. Your child is worth it, though, so keep after it.

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  • How do i lower child support payment

    They are now taking to much child support out of each of my paycheck's plus insurance for my children. Now my current wife and child cant live on what i now get paid. She is also not letting us talk to or visit the children even though we have vis...

    Charles’s Answer

    To address the amount of child support, you can either work with the Office of Recovery Services to reduce the amount, or go to court to explain why the amount should be reduced. Normally, if you have had a significant change in your financial circumstances, the court would look at reducing your support. Normally, you will not be garnished above 50% of your wages, except in very limited circumstances. You can also go to court to hold your ex-spouse in contempt for not allowing you to have parent-time with your children. Judges do not look favorably on that situation. Take her to court, and you can most likely work out both issues.

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  • 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?

    My son is 8 years old. My husband has been in his life since he was 5 weeks old. His real father is in and out but I have not spoke to him for a year now. Can my husband adopt him. I am not sure if my son's real dad will let my husband adopt him...

    Charles’s 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 would have to be completed before the adoption could be finalized.

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  • Is there anything I can do if I change my mind after i gave my kids for adoption?

    my kids got taken away by childservices then a few months later i went to jail. The foster family wanted to adopt my 2 kids and i ended given them up for adoption but ive changed my mind its been two months since i signd. i'm still in jail but i'm...

    Charles’s Answer

    Unfortunately, once you have signed the voluntary relinquishment, that is permanent and cannot be undone.

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  • My childs father joined the military. Can he take my daughter from me for six months if he lives in another state??

    so my daughter is turning 3 years old. and her dad hasnt been in her life for at least 2 years. now hes back trying to see her which is fine but hes says that cause he joined the military that he has the right to leave state with my daughter and t...

    Charles’s Answer

    It sounds like no one has any legally adjudicated rights to the child. If the father does not have a paternity order, he cannot take the child anywhere. He doesn't even have recognized rights to visit the child. I would recommend that you get some sort of court order setting out how the parent-time will work. I think that any judge would be able to see the father's poor history of being involved with the child and prohibit him from removing the child from the state and your custody.

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