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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29591
Experience:  Attorney with experience in family law.
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I have a daughter with a 2 year old. She is living with the

Customer Question

I have a daughter with a 2 year old. She is living with the father but needs to try and break free due to an abusive situation but feels she can't make it on her own. She has tried to apply for assistance but has been denied for everything buy healthcare. The father is not on the birth certificate, however, if she pursues child support though ORS will that give him rights to custody and visitation?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: UT
JA: Has anything been filed or reported?
Customer: yes, the police have been called twice and she did have child protective case open but it was closed. she has told me that she has a victim's advocate to contact if he does anything violent again
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 13 days ago.
Category: Family Law
Expert:  Lucy, Esq. replied 13 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your daughter's situation.

Pursuing child support through the state will not convey an automatic right to visitation on him. He'll have to go to court to file a Petition if he wants to exercise his paternal rights. If he does that, she'll be able to introduce evidence that he is an abuser, and she can use that to ask the judge to deny his request. A history of violence is one of the factors judges consider when deciding a custody case. The police reports she has will help. He doesn't automatically get custody or visitation just because he asks for it.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 13 days ago.
Is she goes through ORS in UT what will happen?
Expert:  Lucy, Esq. replied 13 days ago.

They'll look at his income to calculate how much he owes, and then they start collecting. ORS only does child support. They don't do anything else. He can try requesting a paternity test, which he'll have to pay for.

Once the decision is made, they money will come directly out of his paycheck and go to your daughter. She won't have to do anything to collect from him directly.

Customer: replied 13 days ago.
If he files this will my daughter have to pay to get a lawyer or will it be court appointed?
Expert:  Lucy, Esq. replied 13 days ago.

Court appointed attorneys are only available when someone is charged with a crime. However, she can contact legal aid organizations in her area. Places that offer assistance with child custody and support tend to have long waiting lists, so she might want to start looking now. These organizations tend to prioritize cases involving domestic violence.

Customer: replied 13 days ago.
Do you know of one it UT?
Expert:  Lucy, Esq. replied 13 days ago.

We're unfortunately not allowed to make specific referrals, but this site may help you find something in your area:

https://www.utcourts.gov/howto/legalclinics/

It could also help to do a web search for "legal clinic" with the name of her town or county.

Customer: replied 13 days ago.
What are the childcare guidelines here for a dad who makes $15 an hour and a mom who makes $11 an hour?
Expert:  Lucy, Esq. replied 12 days ago.

The state doesn't have any specific guidelines regarding how parents must provide child care. Did you mean child support?

Customer: replied 12 days ago.
sorry.
Expert:  Lucy, Esq. replied 12 days ago.

That's OK. Here is the calculator they'll use to decide support.

https://orscsc.dhs.utah.gov/orscscapp-hs/orscscweb/action/public/custodyWorksheet/show

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Expert:  Lucy, Esq. replied 10 days ago.

Do you have any other questions about this?

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