Jospeh Emmons

Thursday, 5 November 2020

What Does The Woman Get In Divorce?

Yes, it’s true, we have been asked this question. The short answer is a woman and a man should be treated equally in a divorce and each should received 50% of the marital estate.

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. When those that is in a common-law relationship break up, it is referred to as separation, instead of a divorce. Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

What Are A Woman’s Property Rights In Divorce

Much here will depend on how the property is owned and whether it is in joint names. It can also be affected by any prenuptial or co-habiting agreement drawn up when you first acquired the property. Basically, if you are married you have a right of occupation. Whether or not your name is on the deeds, you have the right to live there and not to be excluded, for instance by the other party changing the locks. If you are married and have children living with you, you may be able to secure the right to live in the property until the children have left school. In any situation, if your partner is trying to force you out of the house you should take legal advice straight away.

Financial Settlements

There are no hard and fast rules regarding your financial rights in the breakdown of a relationship or how a divorce settlement will be calculated. If you are better equipped to “re-generate” your finances than the other party, you may well receive less than they do. It can appear that you are losing out because you have worked hard, but this is the way a court is likely to deal with things. There will often be a range of possible solutions to dividing the assets, and it is important that you explain fully to your lawyer your own preferences within that range. It may be that you can come to an amicable agreement with your partner. If you can’t agree however you have the right to invite the court to decide on a division of the assets with your partner. Your lawyer will guide you through the factors that the court may take into account, such as the age of the parties, the length of the relationship, jointly and individually held assets (including property), your income and pension provisions. Sorting out these arrangements with your former partner outside the bounds of the court will save time, money and additional heartache. If there are children from the relationship, generally speaking, the court will give priority to whoever is caring for them, and will try to address the reasonable needs of the parties for things like housing. It can sometimes seem as though men have fewer rights than women. This will often be a result of any children living with their mother, who earns less, has a lower mortgage capacity and less pension provision than the other partner.

The Wife’s Grounds for Divorce

The right of the wife to demand a divorce is as legally entrenched as is the right of the husband to demand a divorce. This legal entrenchment goes all the way back to biblical times, and is not merely an adjustment to more modern contingencies. It would be a basic inequity in the relationship if the husband would be allowed to sue for divorce for whatever precipitating factor, whilst the wife would not be allowed to demand exit from the marriage no matter what happened. No one can deny that there are inequities in the system, but these inequities emanate more from abuse of the system rather than from its basic weaknesses.

What About Equity in the Law?

It is therefore not surprising and quite natural that the woman has access to exit from the marriage not only in cases of mutual desire, but also in situations when she is obviously disadvantaged by a callous and insensitive husband. To force a woman to endure the agony of a cruel husband who abuses her is unfathomable.

Irresponsibility

The primary right of a woman to demand a divorce is linked to situations when basic marital needs have been neglected, or abused by the husband. The husband is then “convinced” by the court to both grants the get to his wife, and to give her the marital contract settlement. The husband who has been derelict with regard to the sustenance that he is obliged to give to his wife, or the conjugal visitation that he must share with his wife, has thereby violated a primary responsibility of the marital covenant, and the wife has the right to a divorce in these situations. These elements of the marriage are so crucial, that their being used by the husband as a weapon with which to deprive the wife, either emotionally or physically, is considered a breach of the sacred marital trust. A woman may demand a divorce from her husband, if he has been found to be philandering with other women. There need not be proof of his having committed adultery, just of his having cavorted with other women. Even his causing her a bad name through his lecherous actions is likewise considered legitimate justification for the wife launching a divorce action. If the wife feels repulsed by her husband, it is wrong to force her to remain in the union. If the wife should make a vow that affects the marital union, such as a vow related to abstaining from conjugal union or some other impediment to marital viability, and the husband purposely fails to annul that vow, this is interpreted as a desire on his part to sever the relationship. The wife may then demand a divorce.

Marital Abuse

The husband who hits his wife, curses her, ridicules her, insults her, or insults his wife’s parents in the presence of his wife, or forbids his wife from visiting her parents or family, or whose general mode of communication with his wife is through temperamental outbursts and disrespectful language, creates a situation which is untenable. The wife cannot be expected to live in such an environment, and she is well within her rights to demand a divorce. In this situation, the wife must be able to show that this is not a rare occurrence, or an isolated outburst, but that it is reflective of the husband’s usual demeanor. Should a husband counterclaim with the charge that his behavior is instigated by her; the burden of proof is upon him. We assume the correctness of the wife’s position unless and until the husband can prove otherwise.

Unbearable Conditions

The woman whose husband insists that his mother (that is, the wife’s mother-in-law) move into the house and this thereby restricts the wife’s freedom may demand a divorce if this is an unbearable situation for her. The wife whose husband forces her into conjugal relations during her menstrual period may also demand a divorce. This is the case even if she may not be scrupulous with regard to observing the laws of menstruation, which forbid conjugal union during that period and seven days beyond. The underlying common denominator in the mother-in-law and menstrual situations is that the husband fails, or refuses, to accord to the wife the freedom, dignity and respect to which she is entitled beyond any question. The wife has the right to demand a divorce if the husband, for whatever reason, makes life unbearable for her. Aside from some of the reasons heretofore cited, this untenable situation may come as a result of the husband having developed a repulsive blemish, or having adopted a noxious habit, such as cigarette smoking. It may ensue from his having taken on a malodorous, offensive trade, from which he comes home with an intolerable stench.

Alimony

Alimony payments also known in some states as “spousal support” or “maintenance”—are alive and well in Utah divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.
If alimony is ordered, you will generally have to pay a specified amount each month until:
• a date set by a judge several years in the future
• your former spouse remarries
• your children no longer need a full-time parent at home
• a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting
• some other significant event such as retirement occurs, convincing a judge to modify the amount paid, or
• one of you dies.
As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.

If you expect to pay alimony

The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but for reasons you didn’t anticipate didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good.

If you expect to receive alimony

The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn which is not necessarily what you are earning at the time you go to court how much your spouse earns and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.

Alimony Payer

The person paying alimony should keep:
• a list showing each payment (date, check number, and address to which the check was sent)
• the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and
• if you pay in cash, receipts for each payment, signed by the recipient.
Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records.

Alimony Receiver

The spouse receiving support should make a list that shows each payment received. Include the following information:
• date payment was received
• amount received
• check number or other identifying information (for example, the number of the money order)
• account number on which any check is written
• name of bank on which check is drawn or money order issued
• a photocopy of the check or money order, and
• a copy of any signed receipt you give for cash payments.
How are Property and Debts Divided in a Divorce?
The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture. The court can give one spouse more property than the other spouse if the court has a good reason to do so.

Division Of Marital Property In Divorce

In general, all property owned by either spouse is marital property. It can be property one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc. After the divorce is filed, things you or your spouse buy are not considered marital property. The court can consider many factors when making this decision, including:
• The contribution of each spouse to the property.
• Whether one spouse got the property before the marriage or by inheritance or gift.
• The economic circumstances of each spouse at the time of the divorce.
• Whether the spouse who is getting custody of the children should stay in the marital home.
• The conduct of the parties related to the property (for example, has one spouse destroyed or wasted property).
• The earnings or earnings ability of each of the parties.
Equitable Distribution Mean
Equitable distribution means fairly divided. When marital property is distributed equitably, it is divided between the two spouses as fairly as the court thinks is possible. Although this does not guarantee that the court will decide the property should be divided equally (50-50), this is usually what happens.

Separate Property

Separate property is property that one of the spouses owned before the marriage. For example, a bicycle that the wife had owned since before her marriage would be considered separate property. Any inheritance one spouse gets, even during marriage, is separate property. So are personal gifts (unless they came from the other spouse) and payments for personal injuries.

Woman Divorce Lawyer

When you need a Woman Divorce Lawyer, please call Ascent Law LLC 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

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Utah Criminal Code 76-5-102

Utah Criminal Code 76-5-102: Assault–Penalties
1. Assault is:
a. an attempt, with unlawful force or violence, to do bodily injury to another; or
b. an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
2. Assault is a class B misdemeanor.
3. Assault is a class A misdemeanor if:
a. the person causes substantial bodily injury to another; or
b. the victim is pregnant and the person has knowledge of the pregnancy.
4. It is not a defense against assault, that the accused caused serious bodily injury to another.

What Is An Assault?

In legal terms, an assault refers to “the intentional creation of a reasonable apprehension of harm.” This refers to situations in which one person causes another person to fear being harmed. Thus, assault is an attempt or threat that causes another person to be apprehensive of imminent bodily harm. An example of this would be if a person pulls their fist back as if they were going to punch someone, and that person believes that they are going to be punched. Assault is often confused with battery, due to the fact that assault and battery are commonly charged together. However, assault is a separate charge from battery. Assault refers to the fear of being harmed, whereas battery refers to the actual act of harming another person. Battery is the unlawful use of force against a victim, with the intent to cause injury, or offensive touching. In some jurisdictions, assault may also be considered to be attempted or unsuccessful battery. Although assault is considered to be an intentional tort, every state has its own criminal statutes for both assault and battery. This means that an assault could serve as the basis for a civil lawsuit as well as prosecution by a state court, which could result in fines and/or jail time. An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.

What Are The Elements Of Assault?

Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim. Intent is an essential element of assault. In tort law, it can be specific intent, if the assailant intends to cause the apprehension of harmful or offensive contact in the victim or general intent if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result. A defendant who holds a gun to a victim’s head possesses the requisite intent, since it is substantially certain that this act will produce an apprehension in the victim. In all cases, intent to kill or harm is irrelevant. In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery. An intent to frighten will not suffice for this form of assault. There can be no assault if the act does not produce a true apprehension of harm in the victim. There must be a reasonable fear of injury. The usual test applied is whether the act would induce such apprehension in the mind of a reasonable person. The status of the victim is taken into account. A threat made to a child might be sufficient to constitute an assault, while an identical threat made to an adult might not. Virtually all jurisdictions agree that the victim must be aware of the danger. This element is not required, however, for the attempted battery type of assault. A defendant who throws a rock at a sleeping victim can only be guilty of the attempted battery assault, since the victim would not be aware of the possible harm.

What Is An Aggravated Assault?

An aggravated assault, punishable in all states as a felony, is committed when a defendant intends to do more than merely frighten the victim. Common types of aggravated assaults are those accompanied by intent to kill, rob, or rape. An assault with a dangerous weapon is aggravated if there is intent to cause serious harm. Pointing an unloaded gun at a victim to frighten the individual is not considered an aggravated assault.

What Is The Punishment For Assault?

A defendant adjudged to have committed civil assault is liable for damages. The question of the amount that should be awarded to the victim is determined by a jury. Compensatory Damages, which are aimed at compensating the victim for the injury, are common. Nominal damages, a small sum awarded for the invasion of a right even though there has been no substantial injury, may be awarded. In some cases, courts allow Punitive Damages, which are designed to punish the defendant for the wrongful conduct. The punishment for criminal assault is a fine, imprisonment, or both. Penalties are more severe when the assault is aggravated. Many states have statutes dividing criminal assault into various degrees. As in aggravated assault, the severity of the crime, the extent of violence and harm, and the criminal intent of the defendant are all factors considered in determining the sentence imposed.

To prove that a person is guilty of misdemeanor assault a prosecutor must prove that:
• the accused did an act that by its nature would directly and probably result in the application of force to a person;
• the accused did that act willfully;
• the accused was aware of facts that would lead a reasonable person to realize that the act would directly and probably result in the application of force to someone;
• when the accused acted, he or she had the present ability to apply force to a person, and
• the accused did not act in self-defense, or in defense of someone else.

The terms application of force and apply force mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

To prove that a person is guilty of felony assault a prosecutor must prove that:
• the accused did an act:
• with a deadly weapon other than a firearm that by its nature would directly and probably result in the application of force to a person, OR
• the act by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury, OR
• the accused used a firearm,
• the accused did that act willfully,
• the accused was aware of facts that would lead a reasonable person to realize that the act would directly and probably result in the application of force to someone,
• when the accused acted, he or she had the present ability to
• apply force likely to produce great bodily injury, OR
• with a deadly weapon other than a firearm, OR
• with a firearm, the accused did not act in self-defense, or in defense of someone else.
Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.
A deadly weapon other than a firearm is:
• any object, instrument, or weapon that is inherently deadly, or
• one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.
Punishment For Assault In Utah
The punishment for assault in Utah ranges from misdemeanor probation and county jail, to felony probation and state prison sentences.
Simple assault is a misdemeanor punishable by:
• up to six months in county jail,
• a fine of $1,000.
Please note that the punishment for simple assault can be doubled if committed against specified people (police officers, firefighters, medical personnel, and others).
Aggravated assault can be either a misdemeanor or a felony punishable by up to:
• one-year county jail as a misdemeanor,
• two, three, or four years state prison as a felony,
• a $10,000 fine.
Assault with the intent to commit certain felonies is a felony and generally punishable by:
• two, four, or six years state prison
• a $10,000 fine.
Please note that certain sentence enhancements or other factors might increase these penalties and make assault charges strikes under Utah law.
Defenses to assault charges in Utah could include;
• mistaken identity,
• self defense,
• defense of others,
• the force used was not likely to cause great bodily injury,
• no use of a deadly weapon.
An experienced criminal defense attorney defending a Utah assault case will:
• work with private investigators,
• interview and re-interview witnesses,
• visit crime scenes, and
• consult with experts.

What Are The Types of Assault?

In the legal context, assault implies a threat or an attempt to physically strike or touch a person in an offensive way. This is regardless if or not the contact has been made or not. The assault is a misdemeanor but it is regarded as a felony since it is an act of criminal violence against an individual. There are varied types of assault and the penalties for the same vary vehemently.

 Felony Assault: This is regarded as an attempt to attack or an unlawful attack through violence or force that has caused a physical injury to a person. In this assault, the weapon is utilized and is regarded as an assault irrespective of whether or not the victim suffers from physical pain or injury.
 Simple Assault: In this assault, the weapon is not utilized and the injuries occurred to the victim is minor in nature. This is also known as a lesser degree of assault and is usually considered as a misdemeanor and is charged for the same. The mere threat of the serious injury which the victim fears from is immediate and real enough to regard this as an offense.
 Sexual Assault: Sexual assault is regarded as the use of force against the will of the victim. This is also considered as rape and includes sexual penetration without the consent from the victim. For example, a husband can be charged and also convicted for sexually assaulting or raping his wife. Even voyeurism or improper touching is also deemed as a sexual assault. There are more serious penalties for a sex crime and the offender can be sentenced to life imprisonment. If you have faced such an issue, you can hire an assault lawyer.
 Aggravated Assault: This assault occurs with the use of a weapon or an increased amount of force. In order to be considered as an aggravated assault, the offender should have the intent to cause a serious bodily injury or use a deadly weapon like a bat, gun, knife, in order to cause a permanent or temporary injury. Assaulting a public official like a fireman, police officer, or judge is considered as a felony even if the victim has sustained only minor injuries.
What Is Needed to Prove Assault?
When proving assault, there are specific elements of proof that the prosecution must fulfill in order to prove an assault occurred. These elements of proof must be proven beyond a reasonable doubt, as it could be a defense against the assault charge if one or more elements cannot be successfully proven.
These elements of proof include:
 Intention: In order for assault to be proven, the defendant must have intended for their acts or conduct to create an apprehension of fear or harm in the victim. As such, accidental or unintentional acts are not considered to be an assault;
 Reasonable Apprehension: The victim must have been reasonably apprehensive of being harmed by the defendant. Alternatively, the victim must have reasonably perceived that a harm or threat of harm was being directed towards them. If the victim was not aware of the threat, it may not be enough to successfully prove an assault. An example of this would be when a person aims a weapon at a person, behind that person’s back, without that person being aware of what’s happening behind them;
 Imminent Harm: The victim’s harm must be a direct response to an imminent threat of harm, or a threat that is immediately about to occur. The harm can either be physical, such as a kick or a punch, or a threat of unwanted and offensive contact, such as a sexually suggestive touch or embrace. No matter the type of harm, future threats will not result in assault charges; and
 Harmful or Offensive Conduct: The defendant’s actions or conduct must have presented a physical threat, or their behavior must have been offensive to the victim. An example of this would be pretending to kick or punch the victim, or attempting to spit on them. When proving an assault, the theory of reasonableness is often brought up.

Do I Need an Attorney for Assault Charges?

You should always have an attorney. Call Ascent Law LLC if you believe you have been assaulted, or you are being accused of assault, you should immediately contact a skilled and knowledgeable criminal attorney. An experienced criminal attorney can help you understand your state’s laws regarding assault, and compile evidence supporting your claim. Finally, an attorney can represent you in court as needed.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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

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Wednesday, 4 November 2020

American Sign Language Attorney

The Americans with Disabilities Act (ADA) requires attorneys to provide equal access to their services by providing accommodations necessary to ensure effective communication with individuals who are deaf or hard of hearing. These accommodations include qualified interpreters, CART, and assistive listening devices. Public attorneys, such as public defenders (lawyers assigned to represent people charged with a crime) or other state or local government lawyers may be unfamiliar with their obligations under the ADA. Public attorneys must ensure that communication with deaf or hard of hearing clients and members of the public are as effective as communications with others.

A public attorney must provide appropriate accommodations when necessary to provide an equal opportunity to participate in and enjoy the benefits of the lawyer’s services. A public attorney must give primary consideration to the accommodation requested by the individual who is deaf or hard of hearing. Private attorneys may be unfamiliar with their obligations under the ADA. Some private attorneys may be unwilling to provide and pay for the necessary communication access services. As a result, many deaf and hard of hearing people are unable to retain private attorneys for important legal matters, such as criminal proceedings, family law issues, and employment law matters. The ADA recognizes that private lawyers do not have to provide a specific type of auxiliary aid or service if they can demonstrate that doing so would be an undue burden (a significant difficulty or expense). To demonstrate an undue burden, lawyers must show that the cost to provide accommodations would significantly impact their practice and financial resources, which may be difficult for most law offices. When an undue burden can be shown, the lawyer must provide alternative communication access services that would, to the maximum extent possible, ensure effective communication. The NAD advocates for improved access to legal services through the establishment of a communications access fund (CAF) in each state. The CAF would cover the cost of communication access services to ensure effective communication with private attorneys. The revenue source for each state’s CAF could be generated by assessing a small annual fee to be paid by each practicing attorney licensed in that state. Several states and local jurisdictions have established CAFs for legal services.

Why Study American Sign Language (ASL)?

• Career-wise (working with Deaf people): One of the most common jobs using ASL is as an interpreter. As facilitators of communication between Deaf people and people who don’t sign, interpreters are in high demand, especially after the passage of the Americans with Disabilities Act (ADA). Interpreters work in a wide variety of settings: educational, medical, community, theater, legal, and job-related. You can work as a teacher for Deaf children. Deaf children especially need teachers who know and understand their natural language. You can become an ASL teacher. ASL is accepted as a foreign language in high schools and colleges/universities in most of the states. These are just a few examples. There are many other possible jobs working directly with Deaf people.

• Career-wise (not working directly with Deaf people): Many of your clients will be Deaf or Hard-of-Hearing. It will be to your immense advantage to be able to communicate with them directly. As a Nurse, one will be able to communicate with your Deaf patients while doing routine tasks. Elementary school teachers will possibly have Deaf children mainstreamed in their classroom. Mental health workers, social workers, and counselors who know and understand Deaf people are in high demand. In fact, Deaf people have sought out service providers who use ASL and helped augment the number of clients utilizing a particular service provider. Advocates such as lawyers or lobbyists who work with legislators will be able to use their knowledge and skill in ASL when parts of legislation affect Deaf people. Even if you don’t plan to focus on serving Deaf people, you can probably expand your client base by offering expertise in ASL. Sales assistants in stores and shops will often encounter Deaf customers seeking to make purchases. In fact, a background in ASL will be useful in absolutely any field or employment.

• Academic/Intellectual: Many people undertake to study a foreign language for the insights it gives into a group of people different than themselves. Studying a different language helps you understand your own language better. Likewise, trying to see from the point of view of other people enables you to further delve into your own. This is the very reason many baccalaureate programs require a certain number of semesters of foreign language study. Students who study ASL receive the same benefits. Furthermore, because ASL is a signed language rather than spoken or written, students obtain an additional perspective into how human languages take shape in a medium of expression other than speech. This alone makes studying ASL a unique and fascinating opportunity.

When Is Sign Language Interpreting Required By Law?

Sign language interpreting helps deaf and hard of hearing people communicate, and in the United States, it is often legally required. The Americans with Disabilities Act of 1990 established a series of measures to prohibit instances of discrimination because of a person’s disability. The ADA requires that the communication needs of hard of hearing and deaf persons are met, and this frequently demands the use of an American Sign Language (ASL) interpreter.

Sign Language Interpreting & Discrimination Law

The ADA very clearly states the need for proper communication with hard of hearing and deaf individuals. Specifically, the ADA states: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”

Additionally, discrimination includes:
“…a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services…” The ADA definition of “auxiliary aids and services” includes “qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.” Therefore, any place of public accommodation is required to provide sign language interpreters or other effective means of communication for hard of hearing individuals. Depending on the situation, other effective means of communication may include assistive listening devices.

Where Sign Language Interpreting Is Required

One extremely important area covered by the ADA is the medical field, where sign language interpreting services are often required. Hospitals, for instance, must provide an appropriate means of communication to any patients, family members, or hospital visitors who may be hearing impaired. This is applicable in all hospital areas, from the emergency room to the gift shop. In some cases, the ADA specifies that an effective form of communication may consist simply of a written note, but if a conversation is more complicated such as explaining a patient’s symptoms or a medical procedure a qualified ASL interpreter may be necessary. The ADA extends beyond medical settings and also covers areas like the legal, educational, law enforcement, and employment systems. If a company is interviewing a deaf individual, for instance, they are required to provide sign language interpreting. Similarly, hard of hearing defendants in a legal proceeding must be provided with an interpreter. The ADA even covers the hospitality industry. For example, hotels must meet hard of hearing communication needs by providing a teletypewriter the device hard of hearing persons need in order to use a telephone to guest rooms upon request, and they must also have a teletypewriter available at the front desk.

Penalties for Non-Compliance

According to ADA standards, it is usually up to the institution in question to provide and pay for any necessary sign language interpreting. If an institution does not comply by providing ASL interpreting to meet the needs of a hard of hearing individual, it may suffer serious penalties. The key phrase used by the ADA when it comes to deaf and hard of hearing individuals is “effective communication.” Whatever is necessary to ensure effective communication is required, by law, to be done. Although the details of what “effective communication” entails may be hazy in some cases, there’s no doubt that ultimately sign language interpreting is the most straightforward way for institutions to fulfill their obligations under the ADA.

How to Find a Sign Language Lawyer

First, call Ascent Law LLC. We want to help you. Many people prefer to find a lawyer who is deaf or hard of hearing, a lawyer who understands and is familiar with deaf and hard of hearing people, or a lawyer who knows American Sign Language. However, you need a lawyer who is experienced in your type of legal problem. Like doctors, most lawyers have expertise in specific areas of the law. For example, a lawyer who defends people accused of a crime might not be a good choice if you need a divorce. When you contact lawyers, ask them if they have experience with your kind of legal problem. If they do not, ask them if they can recommend a lawyer who can handle your kind of legal problem. Most people hearing, hard of hearing, or deaf are puzzled about how to find a lawyer to help them with their legal problem.

However, here are some tips to help you find an advocate or lawyer in your state who may be able to help you with discrimination or other legal problem:
• Ask your family, co-workers, and friends if they have used a lawyer and if they were satisfied with the lawyer’s work.
• Look in your telephone book yellow pages under “lawyers” or “attorneys.” There will probably be many listings, and some of them will identify the kind of legal problems they handle.
• Go to the public library, and ask for the reference librarian. The librarian can help you use a directory of lawyers to find a local lawyer who handles legal problems like yours.
• Contact your state’s office that serves people who are deaf or hard of hearing, or the office that serves people with disabilities, for advocacy support and information about advocacy and legal services in your state.
• The National Disability Rights Network (NDRN) is the largest provider of legally-based disability discrimination advocacy services in the United States. There is at least one NDRN office in every state and territory. The nickname for these offices is “Protection and Advocacy” or “P&A. Your state’s P&A office may be able to help you – if you have a disability discrimination question or problem. If your state’s P&A office cannot help you, they may be able to give you names of lawyers in your state who may be able to help you.
• Search the Internet for your state’s name and the words “bar association” (the association for lawyers licensed in your state. Most state bar associations have a “lawyer referral” program. They may give you the names of several lawyers who handle your type of legal problem. Often, there will be a low cost for the first consultation. After you meet the lawyer, the lawyer will explain his or her usual fee arrangements and you can decide if you want to hire that lawyer.

• If you are unemployed or have a very low income, you may be eligible for free legal help from your local legal aid society, legal services office, or a nearby law school’s legal clinic program. Your state’s bar association may have information about these services, too.
• If you are charged with a crime, you may be eligible for a court-appointed lawyer or public defender.
The Americans with Disabilities Act (ADA) requires lawyers to provide equal access to their services by providing accommodations necessary to communicate effectively with you. These accommodations include qualified interpreters, CART, and assistive listening devices. Communication with a lawyer is very important. Explain your communication needs clearly. It is important to be able to understand each other so you can explain your situation and the lawyer can explain your legal options. You may have to explain how to use the relay system or how to use an interpreter. Call in advance to make appointments to see your lawyer. If you cannot make it to your appointment, let the lawyer know ahead of time, especially if the lawyer had to hire an interpreter or other services to communicate with you! If you do not understand legal words, ask the lawyer to explain what they mean! It may also be helpful and may save the lawyer time (and save you money) to use alternatives such as fax and email to ask and answer some questions. If your lawyer is unable to communicate effectively with you, needs information about the ADA, or has questions about representing and working with clients who are deaf or hard of hearing, ask your lawyer to contact the NAD Law and Advocacy Center.

Here Are Some Tips for Working with Your Lawyer

• Make sure you understand the lawyer’s rates and billing system. Ask questions if you are not sure about the lawyer’s fees or the expenses you will pay.

• Be prepared when you meet with a lawyer. Bring all paperwork connected with your legal problem. It may be helpful to write out your questions ahead of time.
• Be upfront with the lawyer. Tell the lawyer everything you can about the situation. Don’t hide information or facts or think that they are not important. Let the lawyer decide what is important!
• Don’t wait too long before you contact a lawyer. Investigating a legal problem and preparing legal papers take time. Give your lawyer enough time to do a good job.
Can An Attorney Refuse To Serve An Individual Simply Because That Individual Is Deaf?
Under the ADA, attorneys cannot refuse to serve someone solely due to disability. So, for example, it would be unlawful discrimination for an attorney who practices personal injury law to refuse to meet with an individual who has been injured in an accident simply because that client is deaf.

Does An Attorney Have To Provide Services To Deaf Individuals Beyond The Services Provided To Other Individuals?

Attorneys are not required to fundamentally alter the services they provide in order to serve individuals with disabilities. So, an attorney who only practices bankruptcy law would not be required to meet with a deaf individual to discuss that individual’s housing discrimination issue.
When Is An Attorney Generally Required To Provide A Sign Language

Interpreter To A Client Or Potential Client Who Is Deaf?

When the client or potential client asks for a sign language interpreter in order to participate in a meeting with the attorney. Throughout this document, client is used to refer to both client and potential client. The ADA does not distinguish between an attorney’s obligation to provide effective communication at an initial meeting to evaluate a potential case and a later meeting with a client who has signed a retainer agreement.
Is An Attorney Required To Provide A Sign Language Interpreter If The Client Does Not Ask For One? Generally, no. However, it may be helpful for an attorney to offer to provide a sign language interpreter or other auxiliary aid/service if he or she is having difficulty communicating with a deaf client. Keep in mind that it is generally to the advantage of both the attorney and the client to ensure that communication is clear.

Are There Any Situations In Which An Attorney Can Refuse To Provide A Sign Language Interpreter To A Deaf Client?

The ADA permits attorneys to offer alternate auxiliary aids/services if those will meet the client’s need. For example, some individuals who are deaf might be able to communicate by computer assisted real time translation (CART). If so, it would be okay for an attorney to offer CART as an alternative to a sign language interpreter. As a practical matter, please keep in mind that because American Sign Language (ASL) or other manual communication is generally the first language of most people who are deaf, many deaf individuals are not proficient in reading written English and may only be able to effectively engage in complex communications through use of a sign language interpreter. In addition, the ADA does not require attorneys to provide auxiliary aids or services if doing so would constitute an undue financial or administrative burden or fundamentally alter the nature of their services. However, these standards are very difficult to meet. Determining whether providing a particular auxiliary aid or service constitutes an undue financial or administrative burden should be evaluated by looking at the overall resources of the attorney’s practice. The fact that the cost of providing an auxiliary aid or service to one client may be more than the fees paid by that client to the attorney is not a sufficient reason for an attorney to refuse to provide an auxiliary aid or service. Generally, sign language interpreters and other auxiliary aids/services needed by people with disabilities will not constitute an undue financial or administrative burden or fundamentally alter the nature of the attorney’s program.

A Qualified Sign Language Interpreter

A qualified sign language interpreter is an interpreter who can translate sign language into speech and speech into sign language in order to provide effective communication. It is generally not appropriate for family members or friends to interpret for a person who is deaf.

ASL Attorney

When you need legal help from an ASL Lawyer, please call Ascent Law LLC 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

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Lawful And Unlawful Use Of Force

Utah is a stand your ground state. This means that one does not have to retreat, or find safety, before resorting to force. To qualify for this type of defense, the defendant has to be in a place where he or she has a legal right to be. Therefore, the stand your ground rule can apply on private or public property. A stand-your-ground law (sometimes called “line in the sand” or “no duty to retreat” law) establishes a right by which a person may defend one’s self or others (right of self-defense) against threats or perceived threats, even to the point of applying lethal force, regardless of whether safely retreating from the situation might have been possible. Such a law typically states that an individual has no duty to retreat from any place where they have a lawful right to be (though this varies from state to state) and that they may use any level of force if they reasonably believe the threat rises to the level of being an imminent and immediate threat of serious bodily harm and/or death. There are some situations where a person is not authorized to use self-defense. First, a person cannot use force in self-defense when he or she has initiated a conflict. This rule prevents people from starting fights and evading the legal consequences. Second, a suspect may not claim self-defense when he or she is assisting in, or committing a felony crime. Third, when a person voluntarily agrees to enter a fight (by words or conduct) he or she cannot use the defense. However, there is one exception to the rule prohibiting a claim of self-defense in a mutual fight. If the aggressor formally withdrawals from the fight and is attacked, he or she can rely on self-defense.

Utah Misdemeanor and Felony Assault Laws

An assault can be defined as an attempt to do bodily injury to another with unlawful force or violence, an act committed with unlawful force or violence that causes bodily injury to another, or as an act that creates substantial risk of bodily injury to another. It can be the use of unlawful force or the attempted use of unlawful force that creates a substantial risk of bodily injury to another. In Utah, a person commits the crime of assault by causing, threatening, or attempting to cause injury to another person. Assaults that cause serious injuries, assaults committed with dangerous weapons, assaults by prisoners, and second and subsequent assaults against law enforcement officers and military personnel are felony assaults.

What are the Different Levels of Assault Charges in Utah?

There are different levels when it comes to the classification of assault. Simple assault is considered a Class B misdemeanor in Utah, and it occurs between two people that don’t have any prior relationship with one another. For example, a fist fight between two strangers would be considered a simple assault. If the victim of a simple assault is a pregnant woman, then the charge can be enhanced to a Class A misdemeanor.

What are the Factors That Would Enhance Assault Charges?

If there is substantial bodily injury or a weapon involved, then a Class B misdemeanor could be enhanced to a felony. An assault with a weapon is pretty broadly defined under the code, but it can enhance a charge of simple assault to a charge of aggravated assault, which is a third degree felony. A third degree felony is the lowest degree of felony in Utah. The order of charges from least serious to most serious is as follows: Class B misdemeanor, Class A misdemeanor, third degree felony, second degree felony, first degree felony. Felony level charges are very serious, especially assault charges.

Who Would Be Classified as a Special Victim in an Assault Case?

A special victim is a person who is over the age of 65 and/or somewhat incapacitated. Assault on a police officer can enhance an assault charge. Sometimes assault on a minor can enhance an assault charge, but there would also be a charge of child abuse. A person can potentially be charged for assault and child abuse if they assault someone who is under 18 years of age.

How Does the Degree of Injury Affect the Level of Assault Charges?

The degree of injury can make a difference. Simply shoving someone is considered an assault, but it won’t necessarily result in bodily injury. However, if you punch someone and break their nose, then there is clear bodily injury and the charge could be enhanced as a result. If you severely injure someone, then the charge could be enhanced to a felony. A charge can also be enhanced for the age of the victim, the use of a weapon, the degree of the assault and the degree of the injury. Many variables can go into a prosecutor’s decision regarding which level of assault to charge a defendant.

Does an Alleged Victim Have to Be Injured in Order to Bring Assault Charges?

No, an alleged victim does not have to show injury for an assault to have occurred. According to the statute, even an attempt to assault someone is considered an assault. Similarly, creating a substantial risk of bodily injury is considered an assault. So, a person could be charged with an assault without having actually injured or even touched another person. People have to be very careful when dealing with situations that could lead to assault.
In Utah, a charge of assault can be based on any of the following:
• an act that causes bodily injury or creates a substantial risk of bodily injury
• an attempt to cause bodily injury, or
• a threat to cause bodily injury.
The act, attempt, or threat must be committed with or accompanied by unlawful (unjustified) violence or force. That the victim caused serious bodily injury to another person is not a defense to a charge of assault. Under Utah’s laws, bodily injury is defined as physical pain, illness, or impairment. Cuts or bruises are usually considered bodily injury.
Substantial Bodily Injury
Assaults that cause substantial bodily injury are punished more severely in Utah. Substantial bodily injury creates or causes lasting physical pain, temporary disfigurement, or temporary loss or impairment of any body part. Cutting someone’s face with a knife and kicking someone in the head are the kinds of injuries that might be considered substantial bodily injury.

Assaults Against Protected Victims

In Utah, assaults against certain victims are punished by longer jail terms. Assaults against pregnant women (if the defendant knows of the pregnancy) are punished more severely. Utah’s laws also punish more severely assaults against certain public officials and employees, including:
• law enforcement officers (including university and school police, district attorneys and attorneys general, sheriffs, park rangers, airport and transit police, and other public employees who prevent and detect crime)
• uniformed members of the military
• members of the National Guard in active service
• public or private school employees and volunteers, and
• health care providers, including emergency medical service personnel such as paramedics who are providing emergency medical services.
In order for the increased punishment to apply, the victim must be acting in the scope of the victim’s official duties or employment, and the defendant must be aware that the victim is an official or employee. Lawmakers expressly stated in the prohibition against assaults on law enforcement officers and military personnel that the law is not intended to limit any individual’s constitutional rights to free speech and assembly. It is also a crime to throw things at a correctional or law enforcement officer in Utah. This crime is committed when:
• a prisoner (a person in jail or another detention facility, including a juvenile facility), or
• a person detained or arrested on suspicion of having committed a crime
• throws any object or substance
• at any correctional officer or law enforcement officer.

Hate Crimes

In Utah, hate crimes are criminal activities, including misdemeanor assault, committed with the intent to intimidate or terrorize the victim in order to infringe on or resulting in an infringement on the victim’s civil rights. These crimes are punished more severely than non-hate crime assaults. In the prohibition against hate crimes, lawmakers made clear that the law is not intended to limit any individual’s right to free speech or any other Constitutional rights.

Different Levels of Assault

In Utah, an assault charge can range from a Misdemeanor B to a 2nd Degree Felony.
A Misdemeanor B charge requires either:
• an attempt, with unlawful force or violence, to do bodily injury to another
• a threat, accompanied by a show of immediate force or violence, to do bodily injury to another;
• an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another
Any of these actions can become a Misdemeanor A charge if:
• the person causes substantial bodily injury to another; or
• the victim is pregnant and the person has knowledge of the pregnancy.
These actions can become a 3rd Degree Felony if:
• the person uses a dangerous weapon, or
• other force or means likely to produce death or serious bodily injury.
And, finally, a 3rd Degree Felony Assault can become a 2nd Degree Felony Assault if it actually results in serious bodily injury. Also, there are several more “specific” kinds of assault, such as Assault Against an Officer, Assault of a School Employee, Assault by a Prisoner, etc.
Note: there isn’t a “battery” crime under Utah state statute (except for sexual battery), because the assault statute now includes things that were typically considered “battery.”

Possible Penalties for an Assault Conviction

As stated above, it depends on the level of offense. Here’s a chart showing maximum penalties depending on the level:
• 2nd Degree Felony: 1-15 years in prison, $10,000 fine.
• 3rd Degree Felony: 0-5 years in prison, $5,000 fine.
• Misdemeanor A: 1 year in jail, $2,500 fine.
• Misdemeanor B: 6 months in jail, $1,000 fine.
It is unusual for judges to impose a “maximum” jail/prison sentence, but it is a possibility. More likely is some combination of jail/prison, community service, fines, probation, and possibly anger management classes.

“But What If It Was Self Defense?”

Utah law does provide a “defense” to the crime based on a claim of self-defense, specifically: “A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person’s imminent use of unlawful force.” If you have a self-defense claim, a key question will be whether or not your belief that you had to defend yourself was “reasonable.” This will be a matter for the jury (or sometimes the judge) to decide. Some of the relevant factors under the self-defense law are:
• the nature of the danger
• the immediacy of the danger;
• the probability that the unlawful force would result in death or serious bodily injury;
• the other’s prior violent acts or violent propensities; and
• any patterns of abuse or violence in the parties’ relationship.
It’s important to note that the defense may not work if you provoked the altercation or you were the “initial aggressor.” Typically, this is a very fact-specific determination that must be argued and resolved at a trial, so it helps to have a good assault attorney helping you out.

“But What If I Never Even Touched the Other Person?”

Most people think of assault as, at the least, a shove or punch–some sort of physical contact–but that’s not the case. Assault certainly can include a shove or punch, but it also can include “an attempt, with unlawful force or violence, to do bodily injury to another or a threat, accompanied by a show of immediate force or violence, to do bodily injury to another.” So, technically, you could be convicted of assault if you tried to throw a brick at someone’s head, but missed. You could also be convicted if you got up in someone’s face and threatened to beat them up. However, threatening someone over the phone probably would not be an assault crime (although it may be another crime) because it’s hard to make a show of immediate force or violence over the phone.

Free Initial Consultation with Lawyer

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

Ascent Law LLC

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Tuesday, 3 November 2020

Parent Time Utah

The Probate and Family Court always used to call the time children spend with a parent they do not live with “visitation.” In July 2015, the Court changed the words they use on their forms to “parenting time.” The Court says that “parenting time” is the time that children spend with the parent they do not live with. The Court still uses the word “visitation” for supervised visitation and grandparent visitation. Parenting time and visitation decisions can be part of a larger case, like divorce cases, or the case can just be about parenting time or visitation.

How do judges make parenting time and visitation decisions?

Judges make these decisions based on “the best interests of the child.” The “best interests of the child” requires courts to focus on your child’s needs.

Parenting time schedules
Often you and the court decide on a parenting time schedule. An example of a parenting time schedule is:
• every other weekend from Friday at 6:00 P.M. through Sunday at 3:00 P.M. and
• on alternating weekends on Saturday from 9:00 A.M. until 5:00 P.M. and
• once a week after school on Wednesdays from 3:00 P.M. until 6:00 P.M.
This is just an example of a parenting time schedule. Your schedule should be based on the needs of your child and the daily schedule of each parent.
“Reasonable” parenting time
If parents can communicate easily, sometimes you will not need a parenting time schedule. Instead your parenting time can be flexible and you can arrange visits between yourselves. This is called “reasonable parenting time.” If communication between you and the other parent is not good, it is almost always best to have a detailed parenting time schedule so you do not have to be in constant contact to try and agree about the schedule.

Transportation for parenting time or visitation
The law does not say which parent must provide transportation for parenting time or visitation. So, you need to come up with an agreement about transportation. If you cannot agree, the Court can make an order that says who is responsible for transportation in your case.
Supervised visitation

Sometimes, it may not be safe to leave your child alone with a parent during visitation. In these situations, the court can order supervised visitation. Supervised visitation means another person stays with the visiting parent during visits. It is the supervisor’s job to make sure that your child is safe and feels safe. The supervisor also makes sure that the visiting parent acts appropriately. The court prefers to order a supervisor that both parents can agree on. The court also thinks it is important for your child to be comfortable with the supervisor. Generally, the supervisor can stop the visit if he or she believes your child is not safe during the visit. Supervised visitation is important if the visiting parent is abusive, has an alcohol, drug abuse, or other problem that could put your child in danger.
Parenting time and visitation when one parent has abused the other
If there has been violence between you, often it is not safe to have contact with each other during parenting time or visitation. Sometimes abusive parents use parenting time or visitation to continue to have contact with and control the other parent. Your child may be at risk during visits with a parent who has been abusive to you. In those situations, think about supervised visits.
You can make visitation safer for yourself and your child by thinking about:
A clear schedule
A clear schedule makes a parent-child relationship possible so you do not have to be in constant contact with each other. A good way to avoid contact with an abusive parent during parenting time or visitation is to have someone else pick up and drop off your child for parenting time or visits. That person should be someone that both of you trust and agree on. Or, if visits are supervised, one parent can drop off the child and leave before the other parent arrives. Even with a schedule, there will be times you must communicate with each other. It is often best not to have to communicate directly. You can choose someone you both trust to contact the other parent if either of you needs to change plans. This arrangement allows you to deal with changes and not have to be in direct contact with the other parent.
If the court has decided that one of the parents is an abusive parent, the court must provide for the safety and well-being of your child and the safety of the abused parent in visitation orders.
The court may order:
• drop off and pick up of your child in a safe place or in the presence of an appropriate person;
• visitation supervised by an appropriate person, visitation center, or agency;
• the abusive parent to attend and complete a certified batterer’s treatment program to have visitation;
• the abusive parent not to possess or use alcohol or controlled substances during visitation or 24 hours before;
• the abusive parent to pay for supervised visitation;
• no overnight visitation;
• the abusive parent to get bond for the return and safety of your child;
• investigation or appointment of a guardian ad litem or attorney for your child;
• anything else necessary for your safety and the safety and well-being of your child.

Can my child visit with the other parent if I get a restraining order?
A restraining order can meet your safety needs and still allow for visits with your children. For example, if you want your children to visit with the other parent or have contact with the other parent, you can ask the judge to order that the “no contact” part of the restraining order apply to you but not to your children. Talk to a lawyer or a domestic violence advocate about getting a restraining order that can keep you safe and still allow your children to have visits or contact with their other parent. If a restraining order allows the abusive parent to have contact with your children, this is not the same thing as giving the abusive parent visitation rights. Courts are not supposed to give visitation rights to a defendant in a restraining order case.
No parenting time or visitation
In rare situations, it may be in your child’s best interest not to have any contact with one parent. An example is when a parent has abused your child and even in a supervised visit your child would be traumatized by seeing that parent. Orders denying one parent any parenting time or visitation are rare. But a court can order it to protect your child from more harm.
Parenting time, visitation, and child support – What is the connection?
Parents
• Who do not pay child support can still have parenting time or visitation.
• Who do not have parenting time or visitation can still be ordered to pay child support.
If a parent
• pays child support, they do not automatically have parenting time or visitation.
• has parenting time or visitation, they do not automatically have to pay child support.
If a parent does not
• pay child support, they can still have parenting time or visitation.
• have parenting time or visitation, the court can still order them to pay child support.
What Happens When A Parent Withholds Parenting Time In Utah?
Parents who have had their Utah custody orders entered into a court of law or do not have the right to withhold parenting time from the noncustodial parent. Both parents must obey the order of the court. Even if child support is not being paid or being paid irregularly, custodial parents do not have the right to withhold parenting time. Likewise, a parent may not withhold child support payments because they are being denied parenting time. Sharing custody is never an easy process. If you are facing custody issues in Utah, contact child custody attorney now to determine your best course of action moving forward. Some ways that you can work out your custody issue include getting a show cause order in the case, seeking a modified order, working with a parent coordinator, or undergoing a custody evaluation.
Enforcement of Parent Time And Child Custody Orders
When one party does not follow the order of parent time or child custody issued by a Utah judge, then the other parent can file a Motion to Enforce Domestic Order (Order to Show Cause) that asks the court to enforce its previously entered order. This enforcement order can also include a request for extra parent time. It is possible that the court will hold the non-compliant party in contempt of court, subjecting them to the payment of fines or even a jail sentence.

Modifying A Custody Order
Sometimes custody arrangements just don’t work as intended, usually due to changes that have occurred since the order was entered. Either parent can ask the court to modify a previous custody or parenting time order provided there is a valid reason to do so. The court requires that parents have a substantial material change in their circumstances since the issuance of the original order before requesting modification. The modification must also be in the best interest of the child(ren).
Working With a Parent Coordinator
The Utah courts sometimes help parents resolve conflicts regarding parenting issue and custody problem by appointing a parent coordinator. This person is a mental health professional who has a background in child development. It is the job of the parent coordinator to provide advice for parents to help them resolve their differences and establish a more workable parenting plan. Parents are not under obligation to accept the suggestions of the parent coordinator, and all discussions with the coordinator are held in confidence.
Custody Evaluation

Either parent can request a professional custody evaluation through the court. This evaluation looks at the custody issues being experienced and determines whether or not the current custody arrangement still makes sense for all involved
What must the custodial parent prove for the optional schedule to apply?
First, the noncustodial parent must establish that he or she has been involved in the child’s life. Second, he or she must show an ability to communicate with the other parent regarding the child Third, that the noncustodial parent must be able to accommodate the extra time. Fourth, the noncustodial parent must show that the extra time would be in the child’s best interest. Finally, the noncustodial parent can raise any other good reasons. Parents will want to show that they have had responsibility for the child in the past. Also, document any homework or extracurricular activity involvement. Meals, bath time, and bedtime are key activities, as are bonding and other similar activities.
Understanding the Difference between Child Custody and Parenting Time
A divorce is more than two people separating; it is the disintegration of a family’s structure. Legal separations get messy when there are children involved. Unless it is an extreme case of abuse, it is unfair to separate the child/ children from the parent because the adults have issues. Proper parenting starts with the combined effort of both parents. Custody and parenting hours are two terms that pop up during divorce settlement. Custody is the responsibility and the rights the parents have among them to support and care for their children. When custody is decided, visitation hours are also specified. Visitation is the how’s and when’s of a parent visiting a child.
Custody types
In general, there are two types of custody-
• Legal custody which permits the parent to decide the best for the child like welfare, education and healthcare
• Physical custody where the choice to live with which parent is made.
Both can be joint custody when the parents come together as a team to make decisions that is in the child’s best interest. Alternatively, one parent can take sole responsibility for the child. The legal responsibilities include residence, religion, child care, school, sports, travel etc.
Parenting schedule orders
Visitation or parenting time is the plan which the parents devise to distribute time between themselves with the child. When a parent is allotted less than half time with the child, visitation hours are allotted. The frequency of visitation is case specific.
There are four variations of visitation:
• Scheduled visits– Think of this as a time table like the one most of us had in school. There is a specific pre-determined schedule. The flexibility of the hours depends on the equation and understanding between the parents. This schedule ensures that there is no conflict or confusion in the visitation hours.
• Reasonable visits: These are open ended and there is no specific time which is allotted to each parent.
• Supervised visits: When the child’s safety and wellbeing is in question, all visits are supervised either by the other parent, or an adult chosen by the parent or a professional agency.
• No visits: In extreme cases, if any visit from a parent is stressful or unsafe for the child, the parent does not receive visitation rights.