It may be surprising to some parents that that their own parents may petition a court and obtain a court order requiring them to allow grandparent visitation.  To most parents the right to make decisions and raise their children as they see fit, including the amount grandparent visitation, is a right inherent in being a parent.  However, in some instances the court may find that court ordered grandparent visitation is appropriate.  Keep in mind that this blog article only is speaking to grandparent visitation of a child, not custody of a child where a parent is unfit or absent.

One situation where we see grandparents get an order allowing visitation or “grandparent-time” is when a child has an absent parent, due to death or abandonment, and absent parent’s own parents, therefore, do not get to see their grandchild because of a deteriorated relationship with the child’s remaining parent.

Generally speaking, parents have a constitutional right to manage the care, custody and control of their child, which includes the right to make decisions regarding grandparent visitation.  However, a parent’s right to make decisions regarding his or her child’s upbringing is not absolute.  For example, while parents have the right to generally decide where to send their children to school, a state may nevertheless adopt compulsory school attendance laws requiring that you send your children to school before they reach a certain age.  A state can also exercise its “parens patriae” power and intervene on behalf of children in abusive or neglectful situations even if the parent objects.  The state must generally show that there is some important interest that trumps the parent’s constitutional right. (more…)

Long Okura P.C. can help you represent yourself in court.  

At recent Utah legal education seminars, Judges and Commissioners were discussing a newly discovered statistic:  85% of divorce cases in Utah have at least one party representing himself/herself.

There are many reasons that people decide to represent themselves in their family law cases, but often some basic legal advice could really make a difference and save time, money, and heartache.

You can represent yourself AND get legal advice every step of the way –  or only when you feel like you need it.   If you want to represent yourself in your family law case, you should consider our “Self-Representation Assistance” services.

(more…)

To Divorce or not to Divorce, that is the question.

Financial strain is often the catalyst to a final decision that a marriage cannot continue on, yet divorce puts the parties through even greater financial strain. How can anyone resolve this riddle? (more…)