Sunday, December 31, 2017

Some of the biggest concerns for people filing for divorce have to do with custody of the children. This can get messy when each parent has a different desire for what happens to the children. However, the court’s priority when determining custody is what is best for the child, regardless of whatever else happens in the divorce proceedings. I’ve previously discussed this here.

What goes into consideration when deciding custody?

A family court judge or court commissioner will hear the case as each side presents evidence to their case for being the best suited caretaker for the child.

Since the court decides custody based on what is best for the child, factors like who filed first will not affect the court’s decision on who gets custody. However, the Utah Courts have published information and case law and statutes in Utah tell us what will affect the court’s decision:

“General factors for determining the best interests of a child if the parents dispute custody:

– the parents’ conduct and moral standards;
– which parent is more likely to act in the child’s best interest;
– which parent is more likely to allow the child frequent and continuing contact with the other parent;
– the depth, quality, and nature of the relationship between a parent and child.

The judge may ask a child who the child wants to live with, but the desires of a child—regardless of age—are not controlling, and the court may determine custody contrary to the child’s desires.
In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court may consider the following factors:

– whether joint legal custody or joint physical custody will benefit the child’s physical, psychological, and emotional needs or the child’s development;
– the parents’ ability to give first priority to the child’s welfare and reach shared decisions in the child’s best interest;
– whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
– whether both parents participated in raising the child before the divorce;
– the distance between the parents’ homes;
– the child’s preference (if the child can form a preference about joint legal or physical custody);
– the parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents;
– the parents’ ability to cooperate with each other and make decisions jointly;
– any history of, or potential for, child abuse, spouse abuse, or kidnapping; and
– any other factors the court finds relevant.”

http://www.utcourts.gov

I’ve also outlined an overview of family law and divorce in an interview that you should find helpful.

What happens after custody is determined?

According to law, the parents must abide by the court’s decision, whatever it may be. Parent time and child support may not be withheld if the court has demanded it be given. Violation of the court orders can result in judgement, fines, and even jail time.

Custody orders may be modified, but only through petitioning the court, and only if there have been significant changes in the circumstances that change what the best interests of the child would be.

For more information on child custody and divorce law, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (801) 876-5875 today.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Resources

Home

How to Modify Child Custody

Main Concerns About Child Custody

How is Child Custody Determined as a Part of Divorce”

Custody Battles in Utah

source http://www.ascentlawfirm.com/how-is-child-custody-determined-in-utah/

Monday, May 8, 2017

How do I know when filing for bankruptcy is a good idea?

Tuesday, May 2, 2017

Utah Bankruptcy Lawyer – Does Bankruptcy Affect Your Credit? 801-876-5875

Tuesday, April 25, 2017

Divorce Lawyer in Salt Lake City Utah

Wednesday, March 15, 2017

How Much Will A Car Accident Attorney Cost?

Many people who have been injured in a car accident do not seek out a car accident lawyer because they do not think they can afford the services of an accident attorney. While the fact is that attorneys rarely offer pro-bono (or free) legal services, the truth is that there are a number of different ways that attorneys bill for their services. If you choose not to seek an attorney, the potential for no settlement or a smaller settlement may end up costing you more than hiring an car accident lawyer would have. Here is a general overview of the typical fee arrangements that may be available if you choose to work with an injury attorney.

Hourly Billing

This is the typical arrangement people think of when they think of working with an attorney. In this scenario, the attorney tracks the amount of time that he or she works on your case and bills you at a predetermined hourly billing rate. Most attorneys round their bill to the nearest tenth of an hour (6 minute billing increments). The billing rate can for an attorney can span a large range from just a few hundred dollars an hour to several hundred, depending on the skill and experience of the attorney. Make sure you get a fee agreement up front, read it carefully, and understand all the expenses associated with your attorney-client relationship.

Contingent Fee

Some attorneys, especially injury lawyers, are willing to work with clients on a contingent fee basis after conducting an analysis of the case. If an attorney agrees to work on a contingent fee basis, the attorney may take no money upfront, or may only require the client to pay filing fees upfront. Then, if the attorney is successful in getting a settlement or judgment for their client, the attorney takes a percentage. The amount kept by the attorney varies based on the type of case and what stage of litigation the case proceeds to, but it typically ranges from 25-40%. While that is a significant percentage of the proceeds, the client must keep in mind that the attorney bears all the risk and is entitled to no fees if he or she fails to recover damages. Additionally, many times the settlement a client gets after the fees are taken by the lawyer still far exceeds the amount the client may have been able to negotiate on their own.

Pro-Bono Arrangement

Under some circumstances, attorneys may be willing to represent an injury client free of charge. These representation arrangements are typically arranged through community organizations and are available to only certain, typically low-income, individuals.

If you are considering hiring an injury lawyer, search for one that will work with you in a fee arrangement that works for you. Be sure to ask upfront if the attorney offers free consultations, and if so, consider all the information provided by the attorney in your consultation, and don’t feel bad about shopping around for an attorney who will work best for you and your family. It is important that you choose an attorney who you are comfortable with and will offer you a payment arrangement that is manageable for you.

source http://www.ascentlawfirm.com/how-much-will-a-car-accident-attorney-cost/

Tuesday, January 31, 2017

Estate Litigators in Utah

Wednesday, January 11, 2017

How To File For Bankruptcy in Utah – Call Now 801-876-5875

Utah Bankruptcy Lawyer

How To File For Bankruptcy in Utah

There are several steps required to file for bankruptcy relief in the State of Utah. I am going to go over how to file with our law firm. I will outline each step to get you going.

The first step is really figuring out which chapter you are going to file. There is chapter 7 (an eraser to all of your debt); a chapter 13 (a repayment plan over 3 to 5 years); a chapter 12 (for family farmers or fisherman); and a chapter 11 (for businesses or people with many assets).

Once you know which chapter of bankruptcy to file, you need to get some information together and you need to complete many pages of paperwork.

How to File For Bankruptcy in Utah

Here is the list of information you would need:

Step One to File Bankruptcy:

You are going to need to obtain pre-bankruptcy credit counseling from an approved agency. You need to get a “credit counseling certificate” before we can file your case. You can have them fax the certificate to me at 801-676-5508. Sometimes the companies take 5-10 days to issue the certificate, so I recommend that you get it done ASAP. We reccomend that you go to www.debtorcc.org – it will cost you about $14.95. This is mandatory. Without this, you cannot file a bankruptcy case.

Step Two to File Bankruptcy:

We need you to bring in your Social Security Card.

Step Three to File Bankruptcy:

We need you to bring in your Drivers License

Step Four to File Bankruptcy:

We need you to bring in your last 6 months of paycheck stubs. This is a requirement because the Bankruptcy Code requires us to make a determination of your disposable income. This can only be done with your last six months of paycheck stubs.

-> What if I don’t have my last 6 months of paycheck stubs? Great question: You go to your Human Resources Department at work (“HR”) and you ask for copies.

-> What if I haven’t been working the entire last 6 months? No problem, just give us what you have from when you were working.

-> What if I am self employed. No worries, you just need to complete a profit and loss statement, we are happy to provide you with one, just ask. We will also need a monthly business budget from you and we have a questionnaire for you to complete.

Step Five to File Bankruptcy:

We need you to bring in your most recent mortgage statement. If you don’t own a home, no problem, bring us your lease or a copy of your rent statement (if you get one). If you don’t have a lease or rental agreement, just let us know. Not a problem.

Step Six to File Bankruptcy:

We need you to bring in all of your debts, invoices, statements, bills and other paperwork that you have for any financial obligation that you have. For example, if you have any credit card bills, medical bills, car loan statements, dental invoices, past due cell phone bills, cancelled cable contracts or any other bill or information about people you owe money to, we want that. Bring it in.

Step Seven to File Bankruptcy:

We need you to bring in your last 2 years of state and federal tax returns. If you haven’t filed your tax returns, you need to. The current bankruptcy code states that if you haven’t filed your tax returns for the last 8 years, the court will dismiss your case. This is bad news. A dismissal essentially means throwing your case out of court. So if you don’t have them done, get them done.

Step Eight to File Bankruptcy:

We need copies of your last month’s bank statement from all financial accounts you have. This would include any retirement accounts, credit union accounts, etc. Keep in mind the after your case is filed, we will need a statement that covers the date of your case filing.

Step Nine to File Bankruptcy:

If you have made any monetary charitable contributions to any church or charity in the last 60 days, we need you to bring proof or documentation of those contributions with you when you come in. Most people aren’t making money donations to charities when they are looking at bankruptcy, but if you are, that’s okay, we just need proof of it, so bring it in.

Step Ten to File Bankruptcy:

Have you ever filed for bankruptcy before? If you have, we need to know when and where you filed.

Step Eleven to File Bankruptcy:

Schedule your first meeting with us to do an intake. You can do this over the phone or in person, your choice. Give us a call now 801-876-5875.

After Your Bankruptcy Case is Filed:

After your case is filed, you will need to take a course on personal financial management. Go to www.debtorcc.org and get the second class. It’s also called the “Debtor Education Certificate.” This is mandatory and if you don’t get this course done in time, your case can close without a discharge. The discharge is the court order that states you no longer owe the money listed in your bankruptcy case.

Question: How long will bankruptcy stay on my credit report?

I suggest you watch this video where Jim from our office explains how long a bankruptcy stays on your credit report:

Conclusion

Well, I hope you’ve got those steps down now. Feel free to bookmark this page and come back if you have any questions or concerns. As an attorney, one of my favorite things to do is speak with people and take care of my clients. I love helping people, that is why we do bankruptcy work.

If you are ready for bankruptcy help or need additional information, please give us a call. Thanks for stopping by.

Michael R. Anderson, JD
Attorney and Counselor at Law.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

Bankruptcy in Utah

4.9 stars – based on 45 reviews

source http://www.ascentlawfirm.com/how-to-file-for-bankruptcy-in-utah/

Tuesday, January 10, 2017

Business Lawyer in West Jordan Utah 801-876-5875

Business Law

Business Lawyers in West Jordan, Utah. Contracts, Joint Ventures, Corporations, LLCs, IP law, etc.

Business Law

What do Business Lawyers do?

Business Lawyers handle several different matters for the company. First and foremost is the legal liability of a business. Oftentimes, businesses and business owners do not realize the exposure that they have by being in business. The sooner you retain a business attorney, the better it is. A business attorney will make sure that you set up your business properly as either a corporation or limited liability company (also called LLCs), create contracts for the business to make sure you get paid, make sure you are hiring either employees or independent contractors correctly, that you are getting the best tax advantages that you possibly can and protect your intellectual property (patents, copyrights, and trademarks). Great business lawyers will also help you prepare to acquire more businesses, operate your business effectively and legally, and assist you to sell your business when you are ready to do so. We can even help you obtain money with Private Placement Memorandums (PPMs) and securities disclosures to keep you within the law.

How Can I Know If You Are A Good Fit For Me and My Business?

When you need to hire a lawyer, you don’t want someone who is just going to repeat or read to you what the law says and spend alot of time reading cases and the code to run up your legal bill. You want someone who understands business itself. I have worked for fortune 500 companies and I’ve been an entrepreneur. I understand how systems and companies work. I have decades of experience in business. The best way you can know if we are a good fit for you is for you to come in for a free consultation and meet with me. See if you and I get along. See if we complement each other. See if, in your own view, I understand the day to day work that goes on in business and if I can help you with the legal side of your company. We are a Utah business law firm and we want to help you with your business.

Here is a video I made outlining business contract issues – watch it and see if this is helpful:

DO YOU NEED HELP WITH A BUSINESS LAW MATTER?

If you want to learn more about how a Utah Business Lawyer can help you, you are at the right place. We have worked with Fortune 500 companies, entrepreneurs obtaining funding, small businesses and start-ups, as commercial and business lawyers, we can help with all aspects of operating your business. We draft contract, maintain corporations, mediate disputes and litigate when necessary.

As Business & Commercial Lawyers, we will assist in the formation of a business, the sale of a business and everything in between.

When you need to protect your business interests, give us a call.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

<br /> <br /> source <a href="http://www.ascentlawfirm.com/business-lawyer-in-west-jordan-utah-801-876-5875/">http://www.ascentlawfirm.com/business-lawyer-in-west-jordan-utah-801-876-5875/</a>