Resolving child custody and visitation issues is often a complicated process fraught with emotion, and perhaps never more so when a baby or an infant is involved. While the “best interests of the child” is the standard typically applied by judges in awarding custody, it may be less clear with infants who can and should be caring for them. The ability to attach and bond to a caregiver is an important developmental milestone for babies that can affect their mental health for the rest of their lives. While mothers were once traditionally considered the best de facto caregivers, this has changed in recent years. Some states award custody on specific factors, while other states allow judges a wide berth in determining the crucial elements in determining custody. For infants, this might include a mother who is breastfeeding or whether or not a parent can spend a generous amount a time with the baby. Fathers who can show that they have consistently cared for the infant may receive greater consideration than those with less involvement in their child’s life. Demonstrating caregiving capability is essential in Child Custody CasesEven if both parents can demonstrate that they have competently cared for an infant — including handling overnight care on a regular basis — judges may award custody based on the special needs of infants to have predictable schedules. Another consideration is ensuring that both parents have the necessary access and time to each bond with an infant, which may necessitate a schedule of visitation that alternates daily, or arranging for the child to be seen by a parent during the daytime even if it coincides with another parent’s primary parenting time. Proposed Changes to State Custody Laws Strengthen Fathers’ RightsFor many years, fathers have argued for more parity in custody arrangements. But instead of making their case to a judge, they are now helping promote bills that would alter state laws pertaining to custody arrangements. As recently reported by the Wall Street Journal, 20 states are currently considering legislation regarding shared parenting. The proposals call for judges to “maximize” time spent with each parent. In Utah and Washington State, the proposed law requires equal time among parents unless a judge deems it in the best interest of the child to rule otherwise. Opponents of the bill are concerned that limiting the discretion of judges may not end up actually reflecting the true parenting needs of the child, which can be difficult to ascertain. Advocates worry that this will provide undue advantage to fathers who have been physically or emotionally abusive if a de facto time split is implemented. Additionally, they suggest that the laws primarily affect cases where parents are particularly hostile to one another and unable to sustain cooperative agreements without court intervention. Those favoring the legislation point to studies that indicate that shared parenting responsibilities have been demonstrated to improve outcomes for children. They argue that without more time with their children they are not able to actually parent and supply those benefits two-parent children enjoy. Although it is unlikely that all 20 bills will pass, advocates are hoping that passage of even just a handful of bills can be leveraged to continue promoting a movement toward shared parenting and more significant parental rights for fathers. Free Consultation with a Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Employer Responsibilities for Worker’s Compensation Parent Visitation Attorney Utah At What Time of Year is Divorce Most Likely? When Do You Have to Go Through Probate? from https://www.ascentlawfirm.com/child-custody-for-babys/
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Leaving a will behind when you die is the responsible thing to do. But leaving a will, doesn’t always mean that there’s no need for probate. An estate may undergo formal probate for many reasons including when a will is contested, unclear, or invalid, or when the assets are held only in the deceased’s name. And when there’s no will, probate is often required to oversee the distribution of the deceased’s property. As a general rule, you’ll want to avoid probate if possible. Unfortunately, there are situations where you don’t have a choice. Let’s explore those situations that determine when you have to go through probate. When There’s A Will There’s Usually ProbateDetermining if a will needs to go through probate depends on the laws of your state and the property you hold at death. Some states, such as Washington, do not require probate to be filed. Other states base the need for probate on the value of the estate. Common situation when you have to go through probate with a will include:
When There’s No Will You Really Need ProbateWhen a person dies without a will, they are said to have died “intestate”. The laws of the state where you reside will determine how your property is distributed upon your death. However, probate administration when there’s no will is similar to when there is one. When you die, your property is classified as either probate property or non-probate property.
Free Consultation with a Probate LawyerIf you are here, you probably have a probate issue you need help with, call Ascent Law for your free probate consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can I Write My Own Divorce Settlement? Employer Responsibilities for Workers Compensation Salt Lake City Uncontested Divorce Attorney Family Law and Prenuptial Agreements What’s the Most Important Thing About an Appeal? At What Time of Year is Divorce Most Likely? from https://www.ascentlawfirm.com/when-do-you-have-to-go-through-probate/ A recent study of divorce filings in Utah indicates there are two particular months out of the year at which divorce filings peak: March and August. But January and February are also higher than normal. Researchers have presented a number of hypotheses as to why people are more likely to get divorced in these months. The most commonly accepted reason is that these months typically come after winter or summer holidays. Many couples might hope the holiday season in the winter or a big summer vacation will mend their relationship and allow them to get “back to normal,” but this mindset tends to lead to disappointment. Divorce is sometimes the logical next step. In the study, researchers examined divorce filings in Washington between 2001 and 2015. filings steadily increased by about 33 percent from December to March. In Salt Lake County, for example, there was an average of 430 filings each December, with that number jumping to an average of 520 in March. In Utah, in 2018, there are literally thousands of cases that have been filed. In the Third District Court, there has been more than 6,000 family law cases. The general consensus is that people make the decision to get divorced around the holidays in December and January, but then wait a couple of months to get their finances in order and consult a family law attorney before formally moving ahead. This would explain why the peak falls in March, rather than in January or December. Researchers also noticed a spike of divorce filings in the month August. Researchers suspect that couples may be waiting until after their family vacations are over, or that they may wish to get the process started before their kids go back to school. All of these seasonal divorce filing patterns were consistent with research performed in other states, and so these trends may very well be present nationwide. Free Consultation with Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Application of the Work Product Doctrine Can I Write My Own Divorce Settlement? Employer Responsibilities for Worker’s Compensation from https://www.ascentlawfirm.com/at-what-time-of-year-is-divorce-most-likely/ In most states, including Utah, employers are required to purchase insurance for their employees from a workers’ compensation insurance carrier. In some states, larger employers who are clearly solvent are allowed to self-insure, or act as their own insurance companies, while smaller companies (with fewer than three or four employees) are not required to carry workers’ compensation insurance at all. When a worker is injured, his or her claim is filed with the insurance company, or self-insuring employer, who pays medical and disability benefits according to a state-approved formula. Unless they fall within limited, exempt categories, employers without workers’ compensation insurance are subject to fines, criminal prosecution, and civil liability. Penalties for Not Having Worker’s CompFailure to provide workers’ compensation insurance coverage can result in:
Duties of EmployersIn addition to providing workers’ compensation coverage, in most states, employers must perform some, if not all, of the following duties:
Employer’s Duty Not to RetaliateEmployers often appear to frown on employees who file workers’ compensation benefit claims, and some blatantly discriminate against such employees. To protect employees from employers who discriminate against, harass, or unjustly terminate injured employees, many states prohibit employers from punishing, discriminating against, or discharging employees who exercise their rights under workers’ compensation laws, and allow employees to bring civil actions against their employers for the tort of “retaliatory discharge.” If an employee believes he or she has been discriminated against or discharged in retaliation for exercising rights under workers’ compensation laws, he or she may have a claim against his or her employer for retaliatory discharge. Besides termination, retaliation may take the form of more subtle types of discriminatory treatment, such as demotion or salary reduction. Injured employees are protected from discriminatory conduct immediately after an injury and before a formal workers’ compensation claim is filed. An employee’s cause of action may be successful even though all the employee did was give notice to the employer of a claim. Free Consultation with a Utah Employer LawyerIf you are here, you probably have a business law or employment law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We help businesses and business owner navigate the law. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Splitting Up After a Long Term Marriage Improper Withdrawal from Funds Can I Write My Own Divorce Settlement? from https://www.ascentlawfirm.com/employer-responsibilities-for-workers-compensation/ In many situations, divorcing couples can reach agreements outside of court and resolve their issues without much need for mediation. The answer to the question, can I write my own divorce settlement is yes, of course you can. The problem is that if you do, you might forget something. Or you may word it in such a way that has a different legal meaning than a common meaning. Also, the court may reject it because its not done the way the court wants to see it done. For this and many other reasons, you shouldn’t ever do it. You do have the legal ability to write your own divorce settlement, but it is almost never advisable to do so. Many issues related to your divorce require a high level of knowledge about the practice area, which only an experienced family law attorney will have. Even if you do not retain an attorney for the entire divorce process, you should at the very least work with a lawyer to draft your divorce settlement agreement. The forms you need to fill out There are many divorce settlement forms you can find online, some of which will be adequate for your case, others of which will not. An attorney will be best positioned to determine which forms you need to fill out and what you need to include in them. Settlement preparation Before you begin the process of negotiating a settlement with your spouse, you need to be fully armed with all the pertinent facts surrounding your divorce, including a full list of assets and values, income and debt information and anything else that is financially relevant. You will be much better prepared for the settlement process if you work with an attorney who has experience in handling divorce negotiations. The attorney will know exactly what information you need to gather, what types of initial offers are reasonable and how much you should be willing to compromise or negotiate from that initial offer. Without the assistance of an attorney, you risk ending up with a bad deal. Written agreements Once the time comes to write your settlement agreement, you could end up leaving legal loopholes in the document if you do not have the expertise needed to create a thorough agreement. Attorneys are highly skilled in creating these written agreements that capture all the most important details and do not leave anything up for debate. Getting Through the Holidays as a Divorced ParentGetting through the holidays as a divorced parent with children can be a struggle. However, if you can find the right balance in everything you do, this time of the year does not need to be so stressful. Below are a few tips to help you through the holidays:
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Divorce Lawyers Salt Lake City Splitting Up After a Long Term Marriage from https://www.ascentlawfirm.com/can-i-write-my-own-divorce-settlement/ The Uniformed Services Employment and Reemployment Relief Act of 1994 (USERRA) provides job protection to workers who serve in the military, typically those in the National Guard or military reserves. More specifically, USERRA prohibits employers from engaging in discriminating acts against employees who serve in the military and provides eligible service members with job reinstatement rights upon completion of military service. The law applies to all employers, but does not require the employer to pay the employee during military leave. Military Leave EligibilityThe right to reinstatement in a civilian job applies to individuals who voluntarily or involuntarily serve in the military, or who have served in the military. All employers are required to comply with the law, regardless of size. USERRA benefits apply to the following type of uniformed service:
Reemployment EligibilityWhen a service member returns from military leave, the guarantee of reemployment in a civilian job applies if:
The USERRA provides exceptions to the five-year limitation when certain situations apply. For instance, this limitation is inapplicable when the service member is unable to obtain a release from service, must participate in necessary training, or the service occurs during a time of war or a national emergency. Also, employers are required to make every effort to provide reasonable accommodations for military service members with disabilities. There are limited instances where an employer is not required to rehire a military service member returning from active duty. These include the following:
Military Leave BenefitsThe law protects a service member’s job status, pay, and benefits as if he or she was not away at active duty. For example, the service member who leaves for six months of active duty should get the same pay raise as his or her non-military peers (assuming performance levels and seniority are equal). Upon reemployment, the employer must:
State Military Leave ProtectionMany states have military leave laws that protect workers that serve in a state militia, the National Guard, or as a reservist. Laws vary by state, but most prohibit discrimination against employees that serve in the military and entitle the worker to unpaid leave. Laws typically also provide reinstatement rights and protect the worker’s benefits. For example, Washington state law prohibits employers from denying employment, reemployment (after taking a leave for active duty service) or employment benefits to servicemembers because of their military association and obligations. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Child Custody Decisions are Made How to Get a Restraining Order in Utah Splitting Up After a Long Term Marriage from https://www.ascentlawfirm.com/military-leave-law/ In 2010, former Vice President Al Gore and his wife, Tipper, announced their separation. By all outward appearances, the couple was happy and comfortable, and the announcement came as a shock even to close friends. Many asked why they were separating. As a firm dedicated to the practice of divorce and family law, we hear and understand the reasons men and women of all ages, in marriages of all lengths, decide to divorce. For long-term, stable couples, divorce oftentimes brings few fireworks, no accusations and oftentimes no infidelity. What contributes to the demise of a long-term marriage? Consider this:
By all accounts, the Gores remain happy with their decision and the new opportunities pursued by each party. While causes of divorce are many, changes in time and relationship often spell the end of a marriage. If you’ve been in a long-term marriage and it’s time to put an end to this chapter in your life, give Ascent Law a call for help. We’ll help you navigate through this. False Accusations of Abuse During DivorceIn some particularly contentious divorces, it is all too common for one spouse to make false allegations of abuse in order to gain an upper hand. The presence of abuse by one spouse can have a huge impact on divorce litigation, especially insofar as determining custody of minor children, and can lead to criminal charges in some cases. While wise Utah divorce lawyers strive to keep discord to a minimum when negotiating a divorce, allegations of abuse change the entire character of the process. Abuse allegations can be very difficult to conclusively disprove and, as a result, often make divorce litigation unavoidable. If you are involved in a divorce and your spouse has turned to false accusations of abuse, you need to act quickly to prove your innocence. Our experienced divorce lawyers in Utah have seen nearly everything that can happen during the divorce process. We have the investigation and litigation skills to deal with false accusations of abuse and are prepared to handle anything your spouse can throw at you. We understand that it is important to confront allegations of abuse immediately. Experience has taught us that negotiations may still be salvageable if we can disprove allegations early. It is much more common, however, for such allegations to signal the end of any chance at a peaceful resolution. That is why we are always prepared to go to trial if necessary to defend the reputations of our clients and their rights to their children and property. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Do Most real Estate Companies Have Lawyers? How Child Custody Decisions are Made from https://www.ascentlawfirm.com/splitting-up-after-a-long-term-marriage/ Welcome to the Wills section where you’ll find resources covering how to prepare a will, how to amend or revoke an existing one, the benefits and limitations of wills, and more. Other topics include an overview of inheritance law, information about challenging a will, a discussion of living wills, and a list of important factors for married couples to consider. Wills are a part of Probate Law in the State of Utah. The Basics of WillsWills are perhaps the most common and well-known form of estate plan. A valid will allows a person to designate how his or her estate is distributed and otherwise managed upon his or her death. In most circumstances, a person who creates a will can feel secure in knowing that the will’s instructions will be honored. On the other hand, a person who passes away without a will runs the risk of a court or other estate administrator making decisions that do not reflect the person’s wishes and intentions. Unfortunately, the failure to create a will can lead to disputes between family members, and even to expensive lawsuits and the ruining of relationships. First Thing in a WillOne of the most important decisions that comes with creating a will is deciding on a competent and trusted executor. This is the person that will carry out the instructions contained in your will. Of course, you’ll also need to create a list of beneficiaries, and it’s important that you begin to learn about estate tax laws, to minimize the taxes that you and/or your heirs pay. What Makes a Will Legally Valid?Estate planning laws vary by state, so it’s best to consult with an attorney if you have specific questions about your state’s laws. Generally speaking, a person must have been of “sound mind” when he or she created the will. This means that he or she understood the effects and consequences of the will, and that he or she was not coerced or otherwise manipulated into signing it. Typically, at least one witness is required to verify the will, and it’s best that this person be someone who doesn’t stand to benefit from the will. Although wills are usually made in writing, oral wills can be valid, and recently, electronic wills have been upheld in some courts. Will LimitationsA will cannot violate state or other laws. As an example, a person cannot circumvent a state’s community-property marriage laws by asserting in a will that his or her spouse is entitled to no property. Also, note that some states have passed heirship laws that require, for example, children to be listed as heirs in a decedent’s will. A will that breaches heirship laws will likely not stand up in court, and the decedent may be considered intestate. How We Can HelpAn estate planning lawyer can answer your questions about wills and other estate plans. He or she can also explain applicable estate laws to you and help you to create a will that fits your needs and reflects your intentions. This section provides a link for consulting with an experienced estate planning attorney in your area. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Who Is Responsible for Credit Card Debt in a Divorce? How Child Custody Decisions are Made from https://www.ascentlawfirm.com/wills/ In any situation where child custody rights are at issue, a number of key questions are raised. If you are going through a divorce, you will want to know whether your child will live primarily with you, and if not, whether will you will be able to make important decisions as to how your child will be raised. If you are a close relative or family friend of a child who is not your own, you may be wondering if getting custody of that child is even a possibility. Answers to these questions are at the root of most custody situations, but for parents and others without significant experience with child custody and the legal system, a fundamental concern is: How are custody decisions made? Following is a brief discussion in response to that question. Divorce and Child Custody DecisionsIf you are a parent considering divorce, or if you are already involved in the process, you are probably wondering how child custody and visitation issues are resolved in a divorce. In general, like all aspects of a divorce — including property division, child support, financial division, and spousal support (alimony) — child custody and visitation will either be decided by agreement between the divorcing couple (usually with the help of attorneys and mediators) or by the court. More specifically, custody and visitation decisions are typically resolved in one of two main ways in a divorce:
Unmarried Parents and Child Custody DecisionsWhen a child’s parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody. An unwed father often cannot win custody over a mother who is a good parent, but he can take steps to secure some form of custody and visitation rights. For unmarried parents involved in a custody dispute, options for the custody decision are largely the same as those for divorcing couples — child custody and visitation will be resolved either through agreement between the child’s parents, or by a family court judge’s decision. But, unlike divorcing couples, unmarried parents will not need to resolve any potentially complicated (and contentious) divorce-related issues such as division of property and payment of spousal support, so the decision-making process is focused almost exclusively on child custody. For this reason, resolution of custody and visitation may be more simplified for unmarried parents. If unmarried parents do not reach a child custody and visitation agreement out-of-court, the matter will go before a family court judge for resolution. Especially when making child custody decisions involving unmarried parents, the family court’s primary consideration will be to identify the child’s “primary caretaker.” Non-Parental Child Custody DecisionsIn some cases, people other than a child’s parents may wish to obtain custody — including relatives like grandparents, aunts, uncles, and close family friends. Some states label such a situation as “non-parental” or “third-party” custody. (Note: Other states refer to the third-party’s goal in these situations as obtaining “guardianship” of the child, rather than custody.) Whatever the label, most states have specific procedures that must be followed by people seeking non-parental custody. The process usually begins when the person seeking custody files a document called a “non-parental custody petition” (or similarly-titled petition) with the court, which sets out the person’s relationship to the child, the status of the child’s parents (living, dead, whereabouts unknown), and the reasons the person is seeking (and should be granted) custody. Usually, a copy of this petition must also be delivered to the child’s parents, if they are living and their whereabouts are known. Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Small Business Owner Liability How Does My Closed Business Affect Bankruptcy Can I Change the Interest Rate on My Car Loan in Bankruptcy? Who Is Responsible for Credit Card Debt in a Divorce? from https://www.ascentlawfirm.com/how-child-custody-decisions-are-made/ Most small businesses will work with banks at some point in their existence, often for loans but also for initial public offerings or other large transactions. If you want your business to sell stocks, it’s important to become familiar with federal and state securities laws. Securities laws provide a strict set of rules and procedures related to selling shares of stock to the public, and require strict compliance. What Is Insider Trading?Insider trading is a type of securities fraud, which is a white collar crime. Basically, insider trading occurs when an “insider” uses confidential information (that is not yet available to the public) to make decisions about buying or selling stocks. An insider refers to anyone who has confidential information about the finances of a corporation. Examples of insiders include high-level employees, such as a Chief Executive Officer (CEO) or a member of the board of directors, and people employed in a corporation’s finance department. Even a family member of an employee with confidential financial information can be considered an insider. If a person is an insider, it’s important that he or she avoids certain actions and exercises caution when buying or selling stocks. Anyone with inside information should never trade securities based on that information, nor should they share that information with anyone. A person with inside information should keep up to date with all trading laws and the corporation’s policies that apply to a person in his or her position. Finally, if you have doubts or questions about whether your actions could be considered insider trading, you should consult with the corporation’s attorney.
What Are Blue Sky Laws?Blue sky laws refer to the securities laws that are enacted by each state, which are intended to protect society from fraud. These laws work in conjunction with federal securities laws, and cover at least merit review and disclosure. A merit review is a way to regulate disclosure and the fairness of the securities offering to investors. Disclosure laws typically require corporations to fairly and fully disclose all material facts related to an offering. It’s important to note that while securities statutes and regulations may be identical in many states, the interpretation may differ from state to state. This is the Process of Going PublicThe process of taking a company public presents unique challenges best faced with the assistance of an experienced team. A crucial member of that team is an experienced securities lawyer. Each member of the team has key responsibilities to fulfill in guiding the company through the following process. The Securities Law Process
Usually the lawyers draft the narrative part of the prospectus and the accountants prepare financial statements.
Free Initial Consultation with a Securities LawyerWhen you need SEC or securities law help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Small Business Owner Liability Silent Initial Public Offering Who is Responsible for Credit Card Debt in Divorce? from https://www.ascentlawfirm.com/securities-law/ |
ABOUT USChild custodyLawyer in UT. If you need child custodylawyer, child custody, adoptionor family law attorney who does child custody, father’s rights, divorces andbankruptcy – both chapter 7 bankruptcy and chapter 13 bankruptcy law that cares about you, your family, your case, and is aggressive, call 801-676-5506now for afree consultation. Child custodyin Utah can be tough, so you need a smart child custodylawyer who can help you today. Call 801-676-5506 for the top child custodyattorney in Utah now. Archives
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