Tuesday, September 11, 2018

Independent Adoption

Independent Adoption

One of the many selling points of independent adoption is that it allows both the adoptive parents as well as the birth parents to keep control over the entire adoption process, says mand Salt Lake City Adoption Attorneys. However, despite this advantage, there are disadvantages and risks that are associated with independent adoptions that do not occur in agency adoption. In addition, independent adoption often requires more work on the part of the adoptive parents.

Advantages of Independent Adoption

Perhaps the biggest advantage to independent adoption is the comfort and security that can come with a close personal relationship. In independent adoptions, it is not uncommon for the adoptive parents to form a relationship with the birth parents of the child that is to be adopted.

Many adoptive parents that form good relationships with the birth parents feel more secure in the notion that the adoption will go through and not fall apart at the last minute. Unlike agency adoptions, the two sets of parents in an independent adoption are free to meet and talk about the prospective adoption and whether or not to go through with it.

Additionally, independent adoptions often occur much more quickly than going through the waiting lists and wait times associated with agency adoption. In most situations, and independent adoption will finish within a year.

Lastly, independent adoptions can be much less expensive than agency adoptions (which can cost anywhere between $5,000 and $40,000 for a private agency). However, in some situations, the adoptive parents in an independent adoption will still need to pay the medical expenses for the birth mother.

Disadvantages of Independent Adoption

One of the main disadvantages of an independent adoption is that many states place heavy restrictions on them. As an example, there are some states that prohibit prospective adoptive parents from advertising when looking for a birth mother. Other states limit the amount of money that adoptive parents can provide to the birth mother for her prenatal care and medical expenses.

Additionally, unlike agency adoptions, birth mothers and adoptive parents generally do not get adequate (if any) counseling during the adoption process. Some states have laws that require how much counseling is required for birth parents to receive before they make the decision of whether to go through with the adoption. If the birth parents of your prospective adoptive child do not get the required amount of counseling before the adoption takes place, the adoption may become vulnerable.

Other states extend the period of time in which birth parents can negate an adoption after an independent adoption has gone through. This not only puts your adoption at risk, but it can also mean that you have wasted lots of time and money without any way of getting it back.

Lastly, keep in mind that even when independent adoptions are successful (and many are very successful), they are a lot of work. Many prospective adoptive parents spend countless hours and funds in finding the right birth parents to work with. In addition, you will most likely have to hire an attorney to take care of all the paperwork for the adoption, which also adds to the costs.

States That Disallow Independent Adoption

Out of the fifty U.S. states, four states do not allow independent adoption. If you live in any one of these states, you cannot enter into an independent adoption. However, if you have already identified prospective birth parents in these states, you can enter into an agency-directed adoption.

  • Connecticut
  • Delaware
  • Massachusetts or
  • North Dakota

Independent Adoption Costs

Every independent adoption is unique. However, there are some costs that you should expect to pay if you plan on adopting independently. First, in most situations, the adoptive parents will need to expend money in order to find birth parents that are willing to give up their child for adoption. In addition, your costs could include the costs for the mother’s parental and medical care as well as the costs for the legal documents that need to be drawn up. When taken together, these costs can realistically add up to over $10,000 for an independent adoption.

Every state has laws that allow adoptive parents to pay “reasonable” costs that are related to the adoption process. These laws define what types of expenses can be paid in this way (in either an agency or independent adoption). If you are going down the path of an independent adoption, you must be sure that any money that you pay to the birth parents falls under these laws. If you do not, it may appear that you are buying a baby, which is illegal in all states. Most state laws allow adoptive parents to pay medical expenses, counseling costs and fees for legal work related to the adoption. Some states also allow costs to cover the mother’s living expenses — food, housing and transportation — during the pregnancy.

You should also keep track of all of the money that you spend during the adoption process. In order for an independent adoption to be finalized by a judge, some states require that the adoptive parents provide an itemized account of all money given to or paid on behalf of the birth mother. You need to be very aware of what is allowed by your state’s laws or else you may jeopardize the entire adoption process and could even face criminal charges if it is thought that you are buying the baby.

Open Adoptions

Much like an independent adoption, open adoptions generally come about when the adoptive parents meet and get to know the birth parents of the child. The adoption agreement generally allows for the child to spend most of the time with the adoptive parents, but gives some legal right for the birth parents to visit and spend time with the child.

There is no standard way for an open adoption to be organized; it is really up to both sets of parents to come to an agreeable solution. Some adoptive parents like to only meet with the birth parents once before the child arrives, while others like to spend time with the birth parents, even showing up for doctor’s visits to see the sonograms. Additionally, some open adoption agreements allow for the birth parents to visit every weekend for a few hours while others only allow contact on holidays and birthdays. It is important to keep in mind that although these visitation agreements will often wind up in the legal adoption papers, the birth parents do not have much recourse of the adoptive parents disallow agreed upon visitation.

Open adoptions have many advantages, such as reducing stress of both the adoptive and birth parents. For the adoptive parents, they can get to know and trust the birth parents, and for the birth parents, they can regularly check on the child. In addition, open adoptions are sometimes beneficial for the child who can grow up knowing more about his or her history than having unanswered questions.

Free Consultation with Adoption Lawyer in Utah

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. 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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Monday, September 10, 2018

Do We Need a Lawyer for a Friendly Divorce?

Do We Need a Lawyer for a Friendly Divorce

This is a common question. The short answer is yes. While you and your spouse may be on the friendliest of terms, you are about to end your marriage and anything can happen.

When a marriage ends, disputes have a tendency to appear out of nowhere. If you choose to go forward with your divorce alone, and a conflict arises, you risk losing a lot. Having an attorney by your side protects your interests at all times no matter what.

Following is a list of reasons you should always hire an attorney to assist you with your divorce:

  • An attorney can recommend alternatives to traditional divorce that may be less time- consuming and more cost-effective, including separation and mediation.
  • Your lawyer can help you and your spouse divide property and assets in a manner that is fair for everyone.
  • You can discuss your expectations for the divorce with your lawyer and he or she can review your case and make recommendations on how to move forward.
  • An experienced attorney knows the challenges and conflicts that can arise during even an amicable divorce and how to best represent your interests.
  • Your attorney can assist you if there is a dispute regarding child custody, child support or alimony.

Most importantly, there are 14 documents needed for a friendly divorce, and the entire character and intent of the agreement can be charged with one single wrong word. If you have ever treated yourself to anything, treat yourself to a divorce lawyer to do the legal documents that will effectuate your “friendly divorce.” It isn’t something a non-lawyer should ever attempt.

You and your spouse may have mutually agreed to divorce. Your lawyer may even stand by and watch as you amicably end your marriage. In the event that an argument does arise, however, you need an attorney who fights zealously for your rights.

Why is Your Separation Date Important in a Divorce?

Often in a divorce, the date of separation is a key factor in determining how assets and debts are divided, who retains custody of the children and how much child support and/or alimony is owed. Most of the time, the date of separation is the date on which the two parties officially no longer lived together as a married couple. Usually, this occurs when one spouse moves out of the couple’s marital home with the understanding that the relationship is coming to an end.

However, there are some situations in which a spouse might not choose to move out, even though there has already been an expressed intent to end the relationship. If this is the case, it may come down to other factors to determine a date of separation, such as when one spouse started sleeping in another room, when one party hired a divorce attorney or when one party filed for divorce. This is also important to consider in cases in which a spouse moved out of the marital home, but did not intend to file for divorce.

How separation date affects the divorce

Any income each party earned after the date of separation would be considered the sole property of that person, which means it would not be subject to the division of shared marital property. The key word here is “earned,” not “paid.” A paycheck that came in after the separation would still be subject to property division if it was earned before the separation. The same is true for property acquired during the marriage, but after the date of separation.

The separation date could also determine when an individual becomes responsible for paying alimony or child support. A court could rule the payer must make temporary child support payments from the time he or she leaves the marital residence.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

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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Parents and Teachers Sue Utah School Board

Parents and Teachers Sue Utah School Board

The Common Core State Standards has been controversial in the U.S. since its introduction and implementation more than four years ago. Designed to present schools and educators with a set of curricula and skills that “outline the minimum standards in math and English that students should master at each grade level,” the core standards have been criticized for being too rigid and classified as yet another product of overreaching federal intrusion into local control despite their agenda “to increase college- and career-readiness for graduating students.” Now, in the beehive state, a group of six parents and educators are letting their lawyers in Utah file a lawsuit against the State School Board noting that stakeholders in the education system weren’t given enough consultation prior to the common core curricula adoption and are seeking an order “barring further implementation of the education standards,” according to this article in the Deseret News.

Utah’s general dislike of federal oversight into its programs originally resulted in Governor Gary Herbert asking the Utah Attorney General’s office to see what the state’s obligations around the Common Core were. But for the plaintiffs in the most recent lawsuit against the State School Board—satisfying those obligations aren’t enough. The question of local control over curriculum is only “a piece of legal issues surrounding the common core,” and that diverging matter in the state is confusing the issues. At one end is the question of federal entanglement, and at the other, which the lawsuit filed by the teachers’ and parents’ lawyers in Utah is most concerned with, involves the extent to which “local control” may be interpreted.

In Utah, a statute requires the State School Board to establish “rules and minimum standards for the public schools in consultation with local school boards, school superintendents, teachers, employers, and parents.” And that hasn’t happened, the plaintiffs in the suit argue. Connor Boyack, president of the libertarian advocacy organization funding the lawsuit said that not enough opportunity was provided at the time of implementation four years ago. And even though “education officials have long maintained the board’s adoption and review of the standards were conducted in accordance with established policies and during public meetings,” Boyack says there’s a difference between holding a public meeting and actually seeking input from local stakeholders.

Lawyers in Utah Can Help You

The lawyers in Utah representing the plaintiffs in the suit contend that the state statutes “include specific language about participation” in those public meetings with requirements around input from stakeholders that were unfulfilled. But the school board’s spokesperson disagrees, reporting a yearlong review of the common core before it was adopted, “during which time the Utah State Office of Education conducted meetings throughout the state asking for feedback from community members.”

The State School Board sees some of the claim put forward by the teachers’ and parents’ lawyers in Utah as a case of the way in which “people often don’t pay attention until they’re angry about a decision that has already been made.” Too little, too late, the spokesperson for the School Board says, calling the lawsuit “political nonsense.” But Utahns, for whom the issue of government control is an ever-sensitive one, may not be put off so easily.

Free Initial Consultation with a Utah 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!

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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Sunday, September 9, 2018

Getting Custody of Your Child in Utah

Getting Custody of Your Child in Utah

Every good parent wants the best for their child, which is why child custody cases are so contentious. These cases are often emotional and can be difficult on both the parents and children involved.

FILING A MOTION

The first step in getting custody of your child in Utah is to file a motion. This can often be the result of a divorce and will be passed through to a Utah Juvenile Court in your area.

If both parents are in agreement about the conditions of the child’s custody, then they may file a motion together. This will take much of the contention out of these cases and the outcome will be resolved much quicker.

If the parents are in disagreement, however, then each parent will submit their own custody plan. The court will look over both plans and look into what is in the best interest of the child.

THE CHILD’S BEST INTEREST

Regardless of your personal feelings, the court will look at your situation from the most logical point of view possible. The decision of who gets custody and which type of custody is granted will focus on what the court determines to be in the child’s best interest.

This may seem a bit vague, but this is meant to be fairly open ended since no situation is identical to another. The court will determine the best interest by investigating both parental parties and conducting relevant research. Some things the court might look into are:

  • Evaluations: Often times, the court will order medical, psychological, and psychiatric evaluations to be performed on both the parents and the child or children.
  • Financial Situations: Financial situations may not matter as much as the evaluations, however, it can sway the court’s decision. A parent’s ability to provide for their child is important in the court’s eyes.
  • Prior Conduct: Any prior convictions, misdemeanors, or felonies could also have an impact on what the court deems to be in the best interest of the child.
  • Family Relations: Family is another important aspect that courts consider, especially in Utah. Family assistance and presence can influence the decision.
  • Parental Character: The way you hold yourself in court and the level of respect you give the judge is also crucial to getting custody of your child. This also has a connection to your prior conduct.

Salt Lake City Estate Planning and Family Businesses

Giving your children and grandchildren the legacy and pride of a family business can keep your nose to the grindstone for decades. Financial security, family harmony, and growing wealth together are some of the benefits of a family business. Legacies are meant to outlive the legacy makers. If you’re a business owner in Utah, don’t hesitate to consult an estate lawyer to help you plan for the future.

No one would blame you for wanting to put off estate planning; after all, time is money, and you’d rather be building your business and enjoying the fruit of your labor. However, a smooth transition planned by a Salt Lake City estate lawyer saves time and money in the long run.

Passing your business on to your loved ones takes more than simply stating that you’d like your children to inherit your business. Essentially, bestowing a business to your children may make them subject to a hefty gift tax that may greatly diminish their gain. You can avoid this pitfall and protect your wealth by having a lawyer help you plan your estate so your heirs get as much of your estate as possible.

A Salt Lake City estate lawyer knows Utah business and estate law. He or she will remain objective and allow you to plan as you see fit. For example, your lawyer will help you create an equitable distribution among your children. However, if you don’t want to split your business evenly between all your children, or if you want to leave different assets to the children, an estate lawyer can help you with that, too.

Say you have two adult children who help you run the business, but one minor child still in junior high school. You want to make sure your children have what they need upon your passing. Your adult children will inherit and run the business, but there’s no expectation for your minor child to decide now if she wants to work in the family business. Your Salt Lake City estate lawyer can help you create a trust for your youngest child so she benefits from the business without working for it or having a controlling interest.

An estate lawyer can also discuss the possibility of restructuring your company to ensure that company assets go to your children. If you have a sole proprietorship, your lawyer may discuss forming a corporation so you can separate the business’s assets and liabilities from your personal assets and liabilities, and portion interest into shares to divide equally among your children.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.

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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How Do I Get The Most Money For My Personal Injury Case?

How Do I Get The Most Money For My Personal Injury Case

How do I get the most money for my personal injury case? This is a question I frequently hear when I talk with someone who has been in a car accident. The question is justified as there are often past medical bills to pay, future medical bills, and sometimes a lifetime of suffering.

The first issue we have to address is what are the insurance company policy limits? According to Utah law, when you are in a car accident, the other driver is required to have insurance.  The insurance of the other driver will have limits on the amount they will pay on behalf of their driver. The limits are typically broken down into separate categories for bodily injury and property damage. For example, in Utah the minimum is $25,000 per person or $65,000 combined for bodily injury. However, the driver may have insurance limits that are much higher, sometimes $100,000 per person or sometimes even a $500,000 combined single limit. Commercial vehicles, such as most semi-trucks, will have insurance limits even higher. It is not unusual to see a $1,000,000 policy or even a $5,000,000 policy.

If the other driver does not have sufficient insurance or have any insurance, another type of claim can be made, which will be addressed elsewhere.

The next step to maximize your recovery by getting the necessary and proper treatment. If your doctor or the ER doctor recommends that you see a specialist, you should do this, even if you don’t have health insurance. We can arrange for financing or liens so that our clients can get the treatment that they need. If you do not follow your doctor’s recommendations, the insurance company might point out that you are being non-compliant.

Sometimes it is also important to get a second opinion. Some doctors can be dismissive of patients who have been involved in car accidents. I have even seen this in the ER. Maybe the doctor or the ER are overwhelmed on that particular day and they just want to get the patient out as soon as possible so they can treat other patients. In those situations, we can help you find a doctor to get a second opinion. It is always better to know now for sure whether or not you have been insured, rather than to find out 5 years later after you have already settled your case.

In addition to these above, there are numerous strategy options that I pursue for my clients to enhance their recovery. Some of these are far too detailed for this blog and some involve complicated legal maneuvers. There is a reason statics show that those clients who have an attorney representing them often have settlements three times higher than those without an attorney.

I just recently help a woman in West Valley City who had been in a car accident. The insurance company offered her nothing at first, as she had gone through an intersection on a yellow light. After a few months of fighting and arguing with the insurance company, I was able to get them to offer their policy limit. Their offer went from $0 to the limit. That is what our office can do for you.

Free Initial Consultation with a Personal Injury Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. If you ever have a car crash, or need an Injury 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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Saturday, September 8, 2018

Should I Keep The House in Divorce?

Should I Keep The House in Divorce

Many women start divorce proceedings unprepared for the emotional rollercoaster surrounding the marital home.

Often, it starts as an internal struggle.  After all, most women fully expect to keep their house. To them, it represents a place of comfort that will provide solace during, and after, a time of great uncertainty.

But at times, the marital house can be just the opposite. It can serve as a painful reminder of all that went wrong with the marriage.

Mix in the feelings (and opinions) of a husband and children (not to mention the fact that the marital residence is typically a couple’s largest asset), and it’s easy to understand how a single piece of real estate can ignite a contentious tug-of-war.

Despite all these emotions, however, every woman must answer the question “Should I keep the house?” based on practical financial reasons. Part of our job at Bedrock Divorce Advisors is to complete the financial analyses and projections needed to help a woman understand if she can afford to do so, and if so, for how long.

Are you trying to decide whether or not you should keep your marital residence? If so, here are four key questions you need to consider:

  1. Is your marital home a good fit for the new “single” you?Perhaps the house you’re living in now was purchased with the needs of others in mind. Did you choose the location because it was convenient for your husband’s business and travel?  Or did you seek out certain things largely because they were conducive to entertaining his business associates? If you did, maybe those accessories now seem frivolous and unnecessary.  Are the children you raised in the home grown and living on their own? This could be the right time to downsize and find a place that better suits your life now. It’s important to sort through and separate what you needed from a home in the past vs. what you need now and in the future.
  2. What is the current value of the house?Because themarital home is often one of a couple’s largest assets, an unbiased third party real estate appraiser can be an integral member of your divorce team.  An appraiser will calculate the market value of the house by comparing it to homes recently sold and those that are currently on the market.  Ideally, these comparable houses are in close proximity to your home and have similar square footage, acreage and amenities.  Using this information, the appraiser will present an accurate selling price in the current competitive market.  The appraiser’s report could feature prominently in divorce negotiations whether or not you decide to keep the house.
  3. What is the cost of keeping the house?Along with mortgage payments, you’ll also have to pay for taxes, utilities, seasonal maintenance, monthly service contracts and perhaps even additional staff to manage the property. Costs like these can add up to become a significant addition to your monthly expenses.   You’ll also have to consider looming repairs and renovations.   While projects like these may add value to the home, they could also prove to be a further financial drain on your resources.
  4. What will you have to give up in order to keep the house?Often keeping the marital residence is a tradeoff, rather than an exchange of cash.  In other words, your spouse will keep something that ispresented to be of equal value in exchange for the house. If you are concerned about hidden income/assets/liabilities, the possible dissipation of marital assets and/or the value of any item that’s under negotiation, you may need to add a forensic accountant and/or a valuation expert to your divorce team. They can determine the true worth of a business, professional practice or other asset with a keen eye for any misrepresentations that could skew that figure.  The valuation expert can also establish the value of stock options (and/or restricted stock, etc.) and intangibles such as  an advanced degree or training to help ensure that you do not unwittingly give up something of inequitable current or future value in exchange for the house.

Choosing whether or not to keep your marital residence may be one of the most difficult decisions you have to make during your divorce. Give yourself the time to think it through carefully. You need to strategically manage your assets and develop a sound, comprehensive plan for financial stability and security in the future.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

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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What Not to Do if You’re About to Get Divorced

What Not to Do if You’re About to Get Divorced

When you’re about to get divorced for the first time, you may start to feel more than a little overwhelmed. Those who are unfamiliar with the divorce process and do not receive proper advice often make some key mistakes that could impact them in the long term.

To that end, the following are some things you should never do before and during your divorce:

  • Speak with financial advisors you cannot trust or understand: You need to be able to get your financial affairs in order before your divorce begins. Any financial advisor you work with should be someone you can trust implicitly and who can explain your financial situation to you in a way you can fully understand.
  • Acting based on your emotions: It’s completely understandable if you feel like an emotional wreck during your divorce. However, you should never let your emotions dictate your actions. This is, of course, much easier said than done, which is why it’s so important to have an attorney who advises you on the strategy that’s right for you.
  • Attempt to conceal your assets: Many people mistakenly believe they can get away with concealing their assets to reduce the amount of their money or possessions subject to the division of assets. This is illegal and could impact your ability to receive a fair settlement if caught.
  • Try to stick to the same standard of living: One of the biggest errors people make during and after their divorce is trying to stick to the same standard of living. Your new financial situation may force you to be much tighter with money than you were previously, at least in the short term. It’s a good idea to get used to your new lifestyle before your divorce than to try to suddenly adjust to it afterward.

Tips for Navigating the Holidays When Dealing with Divorce

The holiday season can be a tough time for families dealing with divorce or separation, especially if there are children involved. There are, however, some ways you can navigate the challenges that come during the holidays in a way that minimizes potential conflict.

Below are a few tips to help you through this time of the year:

  • Consider starting new traditions: Just because you have celebrated one way in the past does not mean you have to repeat those traditions each year. Consider starting new traditions to which you and your family members can look forward.
  • Be flexible: If there are certain traditions you and your former spouse are both unwilling to part with, consider how you can compromise so that you can both enjoy them.
  • Consider what the kids want: Although your children should not be able to make the sole decision as to what you’ll do over the holidays, at least consider their wants and needs. Will they feel cheated if they don’t get to see a certain family member? Are there certain holiday traditions that are particularly meaningful to them?
  • Be transparent about your plans: If it’s going to be impossible for your children to spend time with both parents over the holidays, but you and your former partner have come to an agreement on how you will split holidays moving forward, be sure your children know that next year will be different.
  • Set rules for gifts: Communicate with your former spouse about how much money you will spend on gifts and the budget with which you’ll be working. Substantial differences in the gifts children receive from each parent can breed resentment.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

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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