Wednesday, 7 February 2018

Debt and Bankruptcy

When I decided to ask my Wife to marry me I felt pressure to purchase a ring that – at the time – was way too expensive for me. I wasn’t a bankruptcy lawyer at the time. I loved her – so why wouldn’t I do everything I could to show my love? Right? I had access to credit. The bank reassured me that it would be easy to repay. Well, I was wrong. I made a stupid decision. I went into debt. I went into debt at the wrong time for the wrong reason with little to no income to pay it back. And that ring? Well, it was a really nice ring but my Wife later lost it – twice! (….a great story for another day).

The debt for that ring was hard to pay off. I remember struggling to pay back the debt and feeling like a failure. The harder I worked the more difficult it seemed. My entire paycheck was gone before I even received it! I had no control over my finances because the creditor controlled me.

Debt and Bankruptcy

Feeling ashamed for our debt is a real thing.

Don’t believe me? Check this out:

“Money is also intimately linked with our inner lives. Its presence, or lack thereof, has profound physical, mental and emotional repercussions. Perhaps in more ways than we would like to admit, money has tremendous power over us. … Any of the aforementioned negative emotional responses to debt may be serious enough to require medical or psychological intervention.” from debt.org

National Foundation for Credit Counseling – “[C]onducted a poll asking participants to finish this sentence: “I’d be most embarrassed to admit my…” And respondents made it clear that debt shame in the United States is worse than even diet shame. A whopping 37% of people answered that their credit card debt was the most embarrassing, followed by 30% of respondents admitting they wouldn’t want to fess up to their credit score. Weight made only 12% of people sweat, and came in a distant third place.”

I don’t think anyone is immune to money problems. So I assume that you’ve all had some type of similar situation. Being in debt at the wrong time for the wrong reasons. You may or may not be to blame for the money issues (e.g. medical debt), but you know what it feels like to stay up late at night wondering how you’re going to get out of the situation you’re in.

You know what it feels like to feel there is no way out. You know what it is like to think about your debt hour after hour. You lose sleep over it. You think that people close to you judge. You may ever start to think that you are less of a person because of it.

Now, imagine being in that type of situation and then having a debt collector call you and appear to confirm to you all of the irrational fears mentioned above. You may be told that you are a terrible person. That you did this to yourself. That your family is embarrassed because of you. And for some reason, there are thousands of us who believe these debt collectors! A client recently told me that a debt collector threatened to call the police and have her arrested for not paying a debt! Can you believe that? It happens more than you would think.

It’s been my life’s work and passion to help people realize that no matter what life has thrown their way they shouldn’t feel embarrassed or broken when it comes to debt. I stress over and over to my Clients that they should not despair – there is almost always a way out that doesn’t turn out to be nearly as bad as they might think.

Sometimes the way out is bankruptcy and sometimes it is not. It all depends on the situation. Regardless of whether my clients end up filing for bankruptcy – all of us have the following rights when it comes to harassing debt collectors. To provide some sense of relief, here are some quick basics on the rights you do have:

The Fair Debt Collection Practices Act (FDCPA) is a federal law that can prohibit debt collectors from using practices that may be abusive, unfair or deceptive. In addition to the Federal law, your state should have a consumer protection statute that can also prohibit deceptive practices as well as unfair or unconscionable practices. You should become familiar with both the FDCPA and your state’s consumer protection law(s). A good way of doing so it to schedule a consultation with a local attorney

Make them prove it: If you receive a phone call from a debt collector demanding payment, demand to receive proof of the debt. Simply paying out of fear can be costly. You may be waiving your statute of limitations defense or paying a debt that doesn’t belong to you! A jury recently awarded a Kansas City woman $83 million against a debt collector suing for wrongfully suing her for a $1,000 credit card bill that wasn’t hers.

Phone Call Limit: I don’t believe any Court has ruled on a specific number of calls per day that would be prohibited. A court would likely look into the situation on a case-by-case basis to determine if the debt collector’s calls were harassing. In general, the FDCPA prohibits debt collectors from calling you with excessive frequency. This would include repeated calls or continuous calls so as to be annoying, harassing or abusive. Obviously, if a debt collector calls with a series of calls one after another this would be prohibited

Contacting you at work: The FDCPA allows a debt collector to call you at work unless the debt collector knows – or has reason to know – that you or your employer prohibit such contact. Simply telling the debt collector to stop calling you at work should do the trick. However, if you can get the request in writing you would be better off

Calling your cell phone: The FDCPA can prohibit debt collectors from calling your cell phone in certain situations. For example, a debt collector cannot call you at an inappropriate time. If you inform the debt collector that the call was made to your cell phone while you are at work this is an inappropriate time. Another federal law, the Telephone Consumer Protection Act can also prohibit certain debt collector contact to your cell phone

There are recent attempts to fix the wrongs committed by debt collectors. Debt collection practices are so horrible that the “U.S. Consumer Financial Protection Bureau has proposed new rules for the debt collection industry that include limiting collectors’ communication with debtors.”

Law changes can take time. So, until the laws tighten up on debt collectors use these tools and stop shaming yourself. There is a way out. And the way out will be easier than you think. Don’t let your debt define and control you.

Free Consultation with a Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Setting Up a Trust

Setting Up a Trust

As kids, many of us may have imagined one day having our own money bin full of money like Scrooge from A Christmas Carol. We want it protected from the outside world and free to dive into. As adults, we’ve realized this would be an unsafe to have a big pile of cash laying around. It’s not a good way to protect and store the wealth we’ve earned. But with so many financial options out there, where do we even start? One of your options is setting up a trust or series of trusts. While it’s no giant money bin, a trust can be an effective method of preserving your wealth for your future and for generations to come.

Definition of a Trust

What is a trust fund and how does it work? A trust is “a legal entity that holds property for the benefit of another person, group, or organization,” according to The Balance. The word “fund” in the term “trust fund” refers to a sum of money held by or made available to the trust. Regardless of type or provisions, all trusts have three things: a grantor, a beneficiary, and a trustee. Because I’m an estate planning lawyer, I tell my clients that The grantor is the person who sets up the trust, giving the trust its property and deciding the terms. The beneficiary is the intended manager of the assets in the trust. They can only access the trust as set out by the grantor. The trustee is responsible for overseeing the management of the trust. It can be an individual, institution, or group of advisors.

To be upfront with you, this organization does establish all of the different types of trusts mentioned here. If this is what you need, there is a number and a form on this page to get some extra help or to move forward on getting the right kind of trust established.

Types

There are several types of trusts designed to fit the individual needs of the grantor and beneficiary. CNN says that there are two basic kinds of trusts: living and testamentary. A living trust is set up during a person’s lifetime, and takes effect during it. A testamentary trust only goes into effect after the person’s death. Beyond these qualifications, trust types break down into revocable and irrevocable. A revocable trust allows the grantor to retain control of all assets in the trust, allowing the ability to revoke or change the terms of the trust at any time. Irrevocable trusts, however, are no longer held directly by the grantor. Changes to an irrevocable trust usually can’t be made without the beneficiary’s consent. A big benefit is that appreciated assets within the trust aren’t typically subject to estate taxes. This depends on how it was established.

Once a grantor has chosen his or her trust type, transferred the assets into it, and established the terms, the trust is active.

Managing Your Estate

Everyone has an estate – from millionaires in mansions to a family of four struggling to make ends meet. Your estate encompasses everything you own. Having an estate plan in place means that your assets and property go directly where you want them to after you die. Generally, you have two main options for your estate plan: a living trust and a will. But what’s the difference?

Wills

A will is a written document that indicates how your property will be distributed after your death. It is revocable and can be amended anytime during your lifetime. However, a drawback to a will is that when it’s enacted, everything must go through probate court. A judge must make a ruling before the assets in your estate can get to your friends and loved ones. This is the case whether or not you have a will; your estate still goes through probate. In that case, assets are distributed according to state statutes. Regardless, probate can be a very expensive and time-consuming process. The deceased is not around to fight back, so, in many cases estates are depleted by lawyer fees.

Living Trust

A living trust, on the other hand, provides property and estate management. It not only goes into effect after your death, but can start managing your assets right away. The grantor (the one who set up the trust) is often the initial trustee (who manages the trust) and beneficiary (who receives its benefits). Living trusts are usually revocable and become irrevocable after death. At that time, a successor trustee steps in and new people or entities typically become beneficiaries. Most often the beneficiaries receive trust assets under the terms of the trust. They also avoid extra expenses and the publicity of probate court. The successor trustee that you appoint can be in charge of the trust whenever you want them to. Examples of when this would kick in are upon death or in the case of a mental or physical disability.

Setting up a living trust may be one of the best ways to prepare for your future, and the future of your loved ones. There are several other reasons to set up a trust, including the following:

  • Caring for minor children – Trusts can specify when the child will have access to the assets
  • Caring for dependents with special needs – Trusts allow more flexibility than a will in how those heirs can access the inherited property. This is because you can designate dates, amounts, exceptions, etc.
  • Lowering estate tax – If your estate will be subject to tax, setting up a trust with tax provisions helps avoid some of it
  • Privacy – Wills become public record after your death, but a trust does not.

Free Initial Consultation with an Estate Planning Lawyer

When you need a probate or estate planning lawyer, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, 6 February 2018

Parental Alienation and Custody

Parental Alienation and Custody

In most child custody cases, children do not spend an equal amount of time with both parents. As a family lawyer, I think this is the unfortunate part of the divorce many families face today, especially small children who often feel they do not spend enough time with mom or dad. Then, parental alienation comes in the picture.

A divorcee may influence his or her child against the other parent causing the child a lot of emotional distress. Attorneys dealing with these types of cases find it difficult as a parent may request having sole custody of the child or the child having little contact with the ex-spouse. While some parents’ irresponsible behavior may have provoked these harsh battles, collaboration between parents and focusing on the best interests of the child can be very helpful when developing a child custody plan.

HOW CAN PARENTAL ALIENATION AFFECT CHILD CUSTODY?

Parents who don’t agree during child custody battles can impact their children in a negative way. According to recent studies, children who have been involved in these battles tend to have more mental and addiction problems. Due to the severe impact parental alienation can have on the children, the court may order a change of custody after they find out that one of the parents is trying to alienate the children.

In some cases, parents can be a bad influence on minor children, therefore, the little contact they may have with them is excused. These cases are generally linked to child abuse, domestic violence, and drug abuse. Parental alienation is quite different. This is when a child rejects a parent with no foundation. In other words, someone is influencing the child negatively against the other parent. Another factor that may contribute to the child’s dislike or rejection of one parent is the family social dynamics.

There are different levels of parental alienation. It all depends on the behavior of both parent and child. A good example of parental alienation is when one parent talks about the other in a disrespectful manner, tries to change child visitation arrangements, says that the child was abandoned by the other parent, and interferes in the child’s relationship with the other divorcee. Family law attorneys know how to effectively navigate these complex cases. They may file a motion for a change of custody based on the magnitude of the alienation.

Get Legal Help

Parents involved in child custody disputes should seek legal assistance and be supportive during this difficult time in their lives. Children as well as divorcees can greatly benefit from mutual cooperation. A family law attorney well versed in child custody matters can explain what your options are and achieve a positive outcome on your behalf. You need someone to help you present to the court your suspicion of parental alienation. Some judges may be ignorant of how parental alienation can impact the child negatively, and your attorney may have to educate them. Your attorney will work along mental health experts who can testify in court and diagnose the problem when necessary.

CAN AN EX GET ALIMONY TO COVER COST OF FREEZING EGGS?

There are many considerations made when calculating alimony in Utah. The court may consider factors such as the earning ability of each spouse, the financial needs of each party and the length of the marriage; but what about the cost of broken dreams? Can a court put a price tag on something like a failure to have children during marriage? And if they could, should an ex-spouse be reimbursed for the lost shot at parenthood?

That is what one lawyer is trying to find out. He is representing a woman who, at the age of 38, does not want to lose her chance at motherhood. With time running out in terms of her biological ability to conceive, she wants to freeze her eggs. As part of her divorce settlement, she is asking her soon-to-be-ex to pay $20,000 to cover the procedure, as well as related expenses.
The lawyer explains that because the couple had unsuccessfully tried in vitro fertilization several times during the marriage, those fertility treatments should be considered a part of the marital lifestyle and maintained even after divorce.

There are likely to be opinions on both sides of the tracks. On one hand, some believe it may make sense to award alimony for eggs, because losing a chance to have a child while married may be seen as a form of sacrifice. On the other hand, there is the worry that putting a price tag on fertility could lead to putting a price tag on other things, such as the price of a face-lift to make up for lost youth during a marriage. Either way, the outcome of this case will likely affect future divorces, as there has been no state case law on the topic thus far.

Free Consultation with Divorce Lawyer

If you have a question about divorce law or if you need help with a family law case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Qualified Personal Residence Trust – QPRT

Qualified Personal Residence Trust

A home is oftentimes a person’s most valuable and long term asset. That said, in today’s very litigious society it is very important that people protect any exposed assets of value; especially their homes. The Qualified Personal Residence Trust is an excellent strategy to protect your home is to talk to an asset protection lawyer. A QPRT can even extend to secondary residences and vacation homes (depending on certain tax code conditions). In addition to the asset protection properties of the Qualified Personal Residence Trust or QPRT it also has several tax benefits.

What is a QPRT?

A Qualified Personal Residence Trust is a type of irrevocable living trust. It is designed to reduce the amount of gift and estate tax. Oftentimes, one incurs these taxes when transferring an asset to a beneficiary. The asset protection in a Qualified Personal Residence Trust comes into effect partially because it is an irrevocable trust. As a trust of this nature, it can protect the assets therein that it passes down to your beneficiaries. The law sees it as a valid legal method to protect an individual’s assets for their beneficiaries.

How it Protects Assets

It protects those assets, accordingly, from creditors and judgments. The trust’s irrevocable status means that you cannot readily change the conditions of the trust while the trust is in effect. That means once you put an irrevocable trust into effect no one can readily change it. Plus, the parties are not, by and large, legally obligated to comply with order an individual to change it. This helps to ensure that a judge cannot simply order a person to hand those protected assets to creditors. Plus, legal provisions typically forbid the judiciary from ordering a change of the conditions of the trust; for example, making one’s enemies at law the beneficiaries of the trust.

Lifetime Use of Home

With the Qualified Personal Residence Trust (QPRT) homeowners place their homes into the trust. The transferee(s) retain(s) the right to live in that home for a set number of years. During this time when the owner is living in the house he would not be paying rent. He would be responsible for all housing expenses like repairs, real estate taxes, and maintenance fees which is covered by Revenue Procedure 2003-42 [2003-23 IRB 993 section 4 Art. II (B) (2)]. Suppose the owner is alive after that predetermined number of years. In that case, the trust automatically transfers ownership of the home to the owners’ beneficiaries. The trust does this without triggering the estate tax.

Now I know what you may be thinking. “I outlived the trust and now I do not have a house to live in because it belongs to my beneficiaries.” You can easily solve this by placing certain provisions in the trust. One such provision is that the beneficiaries must rent the home out to the original owner of the house.

The attractive part is this. By paying rent after the QPRT has ended, a person is transferring additional assets to their beneficiaries; without having to pay any gift or estate tax. There is nothing stopping the kids from paying the rent money back to Mom and Dad. Plus they can use this money to cover their parent’s expenses. Plus if you decide to sell the house, the trust can use the proceeds to purchase another residence. In addition, it can cover other items for the parents, as the beneficiaries see fit.

5 Qualified Personal Residence Trust Benefits

  1. Asset Protection from Lawsuits

The Qualified Personal Residence Trust offers the benefits of a trust to protect a residence. At the same time, the owner can still live in the house while the trust is in effect. This means while the residence is held within the QPRT it is protected from judgments and creditors. The structure provides this shield for the lifetime of the trust. The owner can also live in the residence during the duration of the QPRT. They are able to maintain control of the residence. This means that the owner can still remodel or update the home. They can proceed without any restrictions from the trust.

  1. Gift Tax Benefits

The protection of the home is not the only benefit of the Qualified Personal Residence Trust. The Qualified Personal Residence Trust’s main advantage is its tax benefits. It provides these to both the property owner and the beneficiaries of the trust. When you transfer a home to the Qualified Personal Residence Trust it counts as a gift but a typical IRS gift tax. Instead, the IRS calculates a modified gift tax. The IRS determines this through their published tables and the amount of time the home stays in the Qualified Personal Residence Trust. They apply this to the value of the home. The predetermined amount of time is agreed upon when creating the QPRT. When this time has passed and the owner is still alive then the trust passes the home on to the beneficiaries. Again, this is free of any gift or estate tax.

So, how does the gift tax apply when the trust passes the house on to the beneficiaries? If the home has appreciated in value since its initial appraisal, the gift tax would be based on the initial value of the home. Incidentally, the IRS determines this using their own calculations – and not on the final value of the home. This would save the beneficiaries a great deal of money. That is because they would have to pay a gift tax on the initial value of the home and not on the appreciated value. What if the home’s value did not increase or stayed the same? In that case, the beneficiaries would not have to pay any gift tax on the home.

  1. Lifetime Use of Home

So now you may be thinking, “After passing my home to my heirs I may still want to live in it.” As mentioned above, the Qualified Personal Residence Trust allows for the original owner to pay rent, at a fair market rate, on the property. This seems like a strange notion but there is a tax benefit. By paying rent, the original homeowner is transferring assets to his beneficiaries without having to pay any sort of gift or estate tax on those assets.

In a QPRT the homeowner is essentially betting that they will live longer than the lifespan of the trust. But what happens if the owner dies before the trust ends? In that case the grantor (the homeowner) of the Qualified Personal Residence Trust, thereby, protects the home from seizure in lawsuits during his/her lifetime. Taxwise, the modified gift tax percentage on the property is placed back into the calculation. In that case, the normal tax laws apply. IRC section 2036(a)(1) governs the return of the property to the deceased homeowner’s estate.

  1. Estate Tax Benefits

Another benefit of the Qualified Personal Residence Trust is that it can enhance the tax benefits if a husband and wife own the home jointly. According to Treasury Regulations section 25.2702-5(c)(2)(iv) a husband and wife can both transfer half their ownership in the home into two separate Qualified Personal Residence Trusts. Each separate QPRT allows the husband and wife owners to live in the residence for a set number of years based on the conditions of each trust. Suppose one of the homeowners die before the QPRT ends. The half that was in the trust is now put into the estate and estate and gift taxes apply.

  1. Ability to Change Residences

So what happens if you want to sell the house that is in the trust and buy a new home? The trustee would simply sell the old home and buy a new one in the name of the existing Qualified Personal Residence Trust. If the new home is worth more than the old one then the trustee would have to pay out of pocket for the difference and would retain ownership of that percentage of the home.

If the new home’s value is less than the old one then Treasury Regulation section 25.2702-5(c)(7) and (8) would go into effect. In this case the excess funds would go back to the Qualified Personal Residence Trust grantor. But this would defeat the purpose of much of the tax benefits. The other option is to place the excess funds into the trust and convert those specific assets into a Grantor Retained Annuity Trust or GRAT, which would provide the trust’s grantor an annuity payment until the Qualified Personal Residence Trust ends.

7 Steps to Use a QPRT

  1. Draft the Trust
    The first step in a Qualified Personal Residence Trust is to have a professional write up the irrevocable trust agreement. You and your professional would decide who the trustees and the beneficiaries are. Then you decide how long you would retain the right to live in the residence before it is transferred to the beneficiaries. This initial planning stage is very important because as an irrevocable living trust it is very difficult if not near impossible to change its conditions once it goes into effect.
  2. Place Home in Trust

The second step is to fund the Qualified Personal Residence Trust with your residence. You accomplish this by creating a new deed that transfers the home from the owner’s name to the Qualified Personal Residence Trust’s name. You record this deed in the local county recorder’s office of the property.

  1. Appraise Home

The third step is to have an appraiser performs an appraisal on or near the date you transfer into the Qualified Personal Residence Trust. You do this to get the fair market value of the property to determine the gift tax.

  1. Report to IRS

The fourth step is to report the gift to the IRS. This is done by filling out a Form 709, United States Gift and Generation-Skipping Transfer Tax Return. You complete and file this form with the IRS on April 15th of year you transfer the property into the Qualified Personal Residence Trust.

  1. Reside in the Home

The fifth step is by far the easiest and that is to reside in the home and live your life as usual.

  1. Transfer to Beneficiaries

The sixth step occurs once the predetermined number of years for the Qualified Personal Residence Trust ends. The property is transferred to beneficiaries as detailed in the Qualified Personal Residence Trust. You accomplish by recording a new deed that transfers the residence from the trust’s name to the beneficiary’s names and documenting it in the land records for the property.

  1. Fair Market Rent

The seventh and final step is to pay a fair market rent for the property. That is, if the former owner wants to continue living there. The rent will transfer more assets to the beneficiaries free of gift taxes. Thus, it will reduce the size of the taxable estate.

Free Initial Consultation with a Lawyer

If you are here, chances are you need a lawyer to help you. Call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Monday, 5 February 2018

Joint vs. Sole Custody

Joint vs. Sole Custody

HOW DO JOINT AND SOLE CUSTODY ARRANGEMENTS DIFFER IN UTAH

During the divorce process, many Utah parents wonder how their decision to end their marriage will impact the relationships they have with their children. In order to protect their children’s well-being, parents will either be awarded joint or sole custody once their divorce is finalized. As a Divorce and Custody Lawyer, I’ve seen it all, but I want to help you through this process.

SOLE CUSTODY

In sole custody arrangements, according to the American Bar Association, one parent is responsible for taking care of his or her children the majority of the time. This parent is also responsible for making major decisions about his or her children. However, when sole custody is awarded, the noncustodial parent is almost always given visitation rights. When this occurs, this parent may be able to care for his or her children on overnight visits or during vacation periods.

JOINT CUSTODY

When a joint custody arrangement is awarded, parents may either be given joint legal custody of their children, joint physical custody of their children or both. According to the Utah Courts, parents who have joint legal custody of their children have the authority to make major decisions about them. For example, in these situations, both parents have the right to determine what religion, if any, their children will participate in, where they will go to school and what type of medical care they will receive.

Comparatively, joint physical custody means that the children spend at least 111 nights in the homes of each of their parents every year, states the Utah Courts. In these situations, it is usually best if the divorced parents are able to live near each other.

FACTORS THE COURT CONSIDERS

If parents devise a custody agreement with their ex-spouse and the court determines that it reflects the children’s best interests, this arrangement will be legally granted. However, if parents cannot come to an agreement, the decision of what type of custody will be awarded is left up to the court, states the Utah Courts. When determining what the children’s best interests are, the court will consider a number of different factors. These include some of the following:

  • Which type of custody will benefit the children’s different emotional, physical and psychological needs
  • Whether or not both parents participated in raising their children before ending their marriage
  • The parents ability to work together and make joint decisions about their children

When a child custody determination is left up to the court, parents in Utah may have concerns about how these factors and others will affect their ability to acquire sole or joint custody. If you and your spouse have decided to end your marriage, speak with an attorney to receive legal guidance during this difficult time.

WHAT ARE THE MOST COMMON TYPES OF PATERNITY TESTS?

They have been poked fun on the Maury Povich Show and on Internet memes. But paternity tests are no laughing matter. There are currently countless children and grown adults throughout Utah who do not know the identity of their fathers. It is one of the most serious and common matters in Salt Lake City family law. The consequences can be emotionally and financially severe for everyone involved. Paternity tests not only determine the identity of the father, they can also provide insight into family medical history. By correctly identifying the father, mothers can begin the process of receiving child support and other benefits.

THE PROCESS

During pregnancy, most states require an Acknowledgment of Paternity form to be completed at the hospital. Once the document is signed, the couple has a limited amount of time to complete a DNA paternity test to amend the AOP. If time has expired and the couple has not completed the test, then the person listed on the AOP is legally responsible for the child. Even if the person listed on the AOP is later tested and not found to be the biological father, they are still legally responsible for the child. Many states require unmarried couples to take paternity tests to list a father’s name on a birth certificate.

There are three different types of paternity tests. Each one is to be performed during pregnancy. Testing can be done as soon as the end of the first trimester. The results are kept confidential. Each test poses no health risks to the mother or the developing baby. Depending on the procedure, prices can range from $400 to $2,000.

  • Amniocentesis:In addition to verifying the father, it is also one of the most effective tests to determine whether the child will be born with downs syndrome. Taken during the second trimester, amniocentesis involves the use of a long needle into the uterus and through the abdomen. The needle is used to remove amniotic fluid, which is to be tested. A doctor’s consent is required to complete the procedure.
  • Non-Evasive Prenatal Paternity (NIPP):Of all the paternity test, NIPP is considered the most accurate and utilizes state-of-the-art technology of analyzing a baby’s DNA found in the mother’s bloodstream. The test simply requires blood samples from the alleged father and mother. NIPP can be performed at any time after the eighth week of pregnancy.
  • Chronic Villus Sampling (CVS):One of the advantages of CVS is it can be completed relatively early in the pregnancy. (10-13 weeks) It consists of using long needle or tube to be inserted from the vagina into the cervix. The needle is guided through ultrasound to collect chorionic villi. These pieces of tissue contain the same genetic makeup as the fertilized egg of the fetus.

If you are a single mother, it is extremely important to identify the father of your baby. To learn more on how test results can be used in court, contact a Salt Lake City family law attorney today.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need help in a divorce, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Step Parent Adoption Attorney

Aѕ a ѕtерраrеnt оr dоmеѕtiс раrtnеr, уоu fоrm a ѕресiаl rеlаtiоnѕhiр with уоur раrtnеr’ѕ child. As a adoption lawyer, I’ve seen stерfаthеrѕ аnd stepmothers аll оvеr the соuntrу have a сruсiаllу imроrtаnt rоlе in thеir ѕtерсhildrеn’ѕ livеѕ, inсluding getting thе сhildrеn to аnd from ѕсhооl, taking thеm tо ѕроrtѕ рrасtiсе, helping thеm with thеir hоmеwоrk, сооking mеаlѕ, аnd providing financial support. Mаnу children dереnd on the love and support оf ѕtерраrеntѕ, who аrе thеrе fоr thе сhild in a wау thаt thе other biоlоgiсаl parent саnnоt be оr will not be.

Step Parent Adoption Attorney

Whеn one mаkеѕ thе commitment tо remarry after a divorce оr еntеr into a domestic раrtnеrѕhiр, it rерrеѕеntѕ a mаjоr сhаngе in the fаmilу dynamic. The nеw ѕtерfаthеr оr stepmother moves in with thе сhildrеn аnd begins tо (or соntinuеѕ tо) mаkе dесiѕiоnѕ about the child’s activities, diѕсiрlinе, and оvеrаll upbringing. But аѕ a ѕtерраrеnt, despite hаving active involvement in the сhild’ѕ life, you dо not hаvе thе full legal rightѕ аnd rеѕроnѕibilitiеѕ оf a раrеnt. A ѕtерраrеnt аdорtiоn аllоwѕ уоu tо сrеаtе a lеgаl раrеnt-сhild rеlаtiоnѕhiр bеtwееn уоu аnd your ѕtерсhild.

If уоu аrе interested in pursuing a ѕtерраrеnt adoption, an experienced fаmilу lаw attorney саn guidе уоu thrоugh the рrосеѕѕ. While ѕtерраrеnt adoptions аrе typically еаѕiеr than аgеnсу оr independent аdорtiоnѕ, the рrосеѕѕ iѕ by nо mеаnѕ simple.

Obtаining Consent Frоm thе Othеr Parent

Thе Utah Family Cоdе ѕtаtеѕ thаt a ѕtерраrеnt саnnоt аdорt hiѕ or hеr stepchild withоut thе соnѕеnt of the оthеr biological раrеnt. Obtаining соnѕеnt can bе a difficult undеrtаking, depending оn your fаmilу situation. Cоnѕеnting to a stepparent аdорtiоn means giving up аnу аnd аll раrеntаl rights, inсluding thе right tо mаkе mаjоr decisions аbоut the сhild’ѕ lifе (е.g. ѕсhооling and mеdiсаl care) аnd thе right tо visit thе child. Cоnѕеnting to a ѕtерраrеnt adoption also means tеrminаtiоn оf сhild support, if there wаѕ any. In thе bеѕt-саѕе scenario, the nоn-сuѕtоdiаl biоlоgiсаl раrеnt will rеаlizе that a stepparent аdорtiоn is in thе сhild’ѕ best intеrеѕt аnd givе соnѕеnt. Hоwеvеr, it iѕ not always thаt еаѕу.

If the nоn-сuѕtоdiаl раrеnt rеfuѕеѕ tо give соnѕеnt, thеrе аrе оthеr lеgаl орtiоnѕ tо рurѕuе. Dереnding оn how muсh соntасt аnd ѕuрроrt thе сhild gets frоm thе non-custodial раrеnt, уоu саn ѕееk tо terminate his оr hеr parental rightѕ. The options fоr tеrminаtiоn оf раrеntаl rightѕ аrе:

  • Willful fаilurе to ѕuрроrt: If thе nоn-сuѕtоdiаl раrеnt hаѕ fаilеd tо ѕuрроrt thе сhild AND failed tо communicate with thе child for аt least оnе уеаr, уоu соuld аrguе thаt he оr ѕhе willfullу fаilеd tо ѕuрроrt thе сhild. If thе аbѕеnt parent iѕ unаblе to ѕhоw a good reason for thе lасk of ѕuрроrt аnd communication, thе court саn wаivе thе requirement of соnѕеnt аnd allow thе adoption tо рrосееd.
  • Abаndоnmеnt: If thе non-custodial раrеnt has fаilеd tо еithеr ѕuрроrt thе child OR соmmuniсаtе with the сhild fоr at least оnе уеаr, уоu соuld аrguе that the absent раrеnt hаѕ еffесtivеlу abandoned thе child. Hоwеvеr, thеѕе сirсumѕtаnсеѕ аrе less open-and-shut thаn willful fаilurе tо ѕuрроrt. In order tо рrоvе аbаndоnmеnt, thе ѕtаtе рrоbаtiоn dераrtmеnt must invеѕtigаtе thе сhild’ѕ rеlаtiоnѕhiр with hiѕ оr hеr biоlоgiсаl раrеntѕ. Thе probation wоrkеr will оftеn mееt with the custodial, biological раrеnt and the сhild tо lеаrn hоw muсh ѕuрроrt thе other parent hаѕ givеn, whаt thе раrеnt’ѕ relationship iѕ likе with the child, and dеtеrminе whether оr nоt thе nоn-сuѕtоdiаl раrеnt’ѕ асtiоnѕ соnѕtitutе abandonment. Thе court will tаkе the рrоbаtiоn wоrkеr’ѕ rероrt аnd the раrеntѕ’ tеѕtimоnу intо ассоunt tо decide whether оr nоt раrеntаl rights ѕhоuld bе tеrminаtеd.
  • Alleged father: If thе absent parent is mаlе, in some circumstances, you can аrguе he iѕ not thе “рrеѕumеd fаthеr” in thе еуеѕ of thе law. A mаn iѕ thе presumed fаthеr if he iѕ married tо thе сhild’ѕ mother аt thе timе of birth, as wеll аѕ if hе marries hеr after thе birth аnd iѕ nаmеd оn thе birth сеrtifiсаtе. Hоwеvеr, if thе parents wеrе nеvеr mаrriеd, thеrе is no lеgаl рrеѕumеd fаthеr. In thеѕе cases, it iѕ muсh еаѕiеr to terminate раrеntаl rightѕ.
  • Unfit parent: If you саn prove thаt thе other biоlоgiсаl раrеnt iѕ not fit tо rаiѕе a сhild, hiѕ or hеr раrеntаl rights could bе terminated. A parent саn bе dеtеrminеd unfit if thеу аrе neglectful, abusive, mentally ill, inсаrсеrаtеd, оr ѕuffеring frоm alcohol оr drug аddiсtiоn. If one раrtу is unfit fоr раrеnting, ѕоlе custody will bе аwаrdеd to thе fit раrеnt. In these саѕеѕ, consent of the аbѕеnt раrеnt iѕ not rеԛuirеd and thе аdорtiоn саn рrосееd.

It iѕ imроrtаnt to nоtе thаt еасh and every fаmilу situation iѕ different. The court tаkеѕ a numbеr оf factors intо ассоunt whеn соnѕidеring tеrminаtiоn оf раrеntаl rightѕ, but the сhild’ѕ wеll-bеing is аlwауѕ thе numbеr one рriоritу.

Thе Stерраrеnt Adoption Prосеѕѕ

Stepparent аdорtiоnѕ аrе generally еаѕiеr tо nаvigаtе thаn trаditiоnаl аgеnсу аdорtiоnѕ оr independent adoptions bесаuѕе оnе biоlоgiсаl parent is ѕtill involved. Home viѕitѕ, whiсh аrе rеԛuirеd for other аdорtiоnѕ, аrе nоt rеԛuirеd bу thе Utah Fаmilу Code fоr ѕtерраrеnt adoptions; inѕtеаd, thе соurt аѕѕumеѕ the сhild hаѕ a ѕаfе аnd ѕtаblе living аrrаngеmеnt because thе biоlоgiсаl раrеnt iѕ still present.

Whеn starting thе аdорtiоn process, аn experienced family lаw attorney can bе invaluable. A ԛuаlifiеd lаwуеr can obtain thе fоrmѕ you need tо file, hеlр уоu filе thеm in the correct рlасе, соntасt thе оthеr biоlоgiсаl раrеnt, аnd wоrk tо оbtаin consent fоr the adoption. After the fоrmѕ have bееn filed аnd соnѕеnt iѕѕuеѕ hаvе been dеаlt with, thеrе will bе a finаl adoption hеаring аt which the court will dесidе whеthеr оr nоt to аррrоvе thе аdорtiоn. A lawyer with еxtеnѕivе fаmilу lаw еxреriеnсе will know how tо navigate thе рrосеѕѕ, рrеѕеnt the аррrорriаtе evidence, аnd givе you thе bеѕt сhаnсе оf a ѕuссеѕѕful hearing.

Onсе the аdорtiоn is аррrоvеd and finalized, parental rights and rеѕроnѕibilitiеѕ are permanently trаnѕfеrrеd to thе stepparent. Under Utah law, the аdорtiоn cannot be nullifiеd оr rеvоkеd еxсерt in the саѕе оf frаud, mental illnеѕѕ, lеgаl dеfесt, or disability (diѕсоvеrеd within five years оf thе аdорtiоn).

Free Consultation with Step Parent Adoption Lawyer

If you have a question about a stepchild adoption or if you need a lawyer in Utah, please call Ascent Law at (801) 676-5506 for your free consultation. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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