JannaG's Journal

It depends. As long as the mother is on board, yes. But if she's not, it can be a legal nightmare. A few weeks ago I was asked by a friend if a man can demand a paternity test on a child whose mother is not claiming him as the father. The answer is yes, but only by law. In order to get such a test done, the father has to go through court and ask for it. For example: - One of my friends told me that he had a baby while he wasn’t married - The baby’s mother agreed he could see his son whenever he wanted - My friend started paying child support as soon as the mother demanded it - After some time, he stopped seeing his son and wanted to file for a paternity test because he didn’t feel like paying any more than he had to -His ex-girlfriend denied him access to the child and did not want him to do the paternity test The easiest way to answer this question is to look at it from a legal point of view . It depends on the circumstances surrounding a child's birth. If you are claim...

There are a lot of legal terms and steps involved in estate planning, but if you're like most people, you just want to know what the basic steps are. There's always a chance that one day you'll get an inheritance, so it's important to be aware of this process. The first step is to write your will . Your will names who gets what once you pass away. You can think of it as the list of people you choose to inherit all your assets. Make sure to write your will in a place where no one else could find it and make sure that there is only one copy of the will. If possible, have someone else witness your signature, or even better, notarize your will. You should then create a durable power of attorney for healthcare and finances. This lets someone else take care of your financial and medical decisions on your behalf if something happens to you. This person can pay bills, make investments, file taxes, and more. Keep in mind that this person only has the power when you're ...

Paternity fraud is no joke. The consequences of being identified as the parent of a child who is not your own can be devastating. But when paternity fraud is perpetrated by the mother, it seems that there are two possible ways to address the situation: (1) simply leave it up to the courts to decide how to handle the situation, or (2) make it so a man can disclaim paternity in cases where he has been misled. In cases of rape or incest, most people would agree that the man should not be forced to take on a child that he did not create. Yet, when paternity fraud is perpetrated by the mother and she has no legal obligation to inform the man of her actions, then she has committed an act that should have legal consequences . I believe that if a judge rules in favor of a man who is trying to disclaim paternity under these circumstances, then he should be allowed to do so with no repercussions. There are many things that we as humans should be allowed to disclaim, and paternity is one of th...

Yes, this is possible. You've just found out that you're a beneficiary in a will. As the executor of the estate, you know it's your job to ensure that the estate is settled properly—but there's a problem. One of the beneficiaries claims she's your long-lost cousin, even though you're sure that you've never met her before. She says she has a claim to an inheritance because she's related to one of the deceased's heirs. Can this really happen? It may be surprising, but long-distance relatives do have some legal rights to inherit an estate. It's usually only in situations where family members live far away and haven't been close with one another for their entire lives, though it can become important in cases where there are no other beneficiaries or when family members who are eligible aren't able to match up with any of the potential heirs they find. Here's what you need to know about distant relatives' claims on an inheritance:...

Because the child's genetic makeup is determined at conception, a paternity test can be performed before the baby is even born. Blood draws from the mother and the father can be taken as early as 8 weeks into the pregnancy. The mother's blood draws contains all of the DNA of the fetus and some extra DNA from her own body, while the father's blood contains only his DNA. If you need to prove that someone is not the child's father, you can also take a sample after birth when no one can claim that they were misled about whose DNA was tested. Paternity tests are usually done between 3 days and 6 months after birth because it takes time to get all of your ducks in a row and have everything scheduled correctly. The short answer is yes, but it's not as simple as you might think. A paternity test can be done before the baby is born, but the results may not be accurate. A paternity test is a form of genetic testing used to determine whether a man is the biological father...

It depends. Sometimes months, sometimes years. Usually less than a decade. How much “stuff” is in the estate? How complex are the assets? Is anyone contesting the will? How many beneficiaries are there? These questions help to determine how long it will take. Probate is the legal process that determines if a will is valid. This is required by law for all states in the United States. The time it takes to probate a valid will depends on several factors. If you need help probating a will, call this law firm for a free consultation: Parklin Law LLC 5772 West 8030 South, Unit N206 West Jordan, UT 84081 (801) 618-0699 https://parklinlaw.com/utah-estate-planning-law-firm/  

If the mother refuses, you need to hire a lawyer as soon as possible. A paternity test is an undeniable way to know once and for all if you're the biological father of a child. It's often used as evidence to decide issues like custody, support, and visitation. If you've been named legally as the father of a child, but you're unsure of your paternity, you can request a legal paternity test through the court. However, this can be challenging if you don't know where the mother is or how to get in contact with her. If a friend or family member has asked about getting a paternity test when their partner has refused, here are some tips for what to do next. To start, it's important to understand that unless the mother has been declared legally incompetent by a court, she still has the final say in determining who will take part in the child's life. If she is refusing to give up your DNA for testing, there are a few ways you can try and convince her: -       ...

The short answer is “yes.”  In one movie, a man named his friend as executor of his will without asking him first. The friend was happy about being named but then realized that his own father was also named in the will to help him out. His father wasn't thrilled about being asked to help out and gave his son such a hard time that he died before completing the job. It's common for people to have a friend whom they trust and want to name as an executor of their will. But if you're that person, how do you feel about being named? It's helpful to understand what the role of an executor entails: The role of executor is all about seeing the estate through to the end. This means making funeral and burial arrangements, paying off debts, sorting out any tax issues, and collecting assets and distributing them as appropriate. In Utah, we call executors “ personal representatives ” of the estate. In addition to the grief, you may be experiencing at the loss of your loved one...

You can deny a test unless the court orders you to take one. Then you are required to take the paternity test . If you're worried that a paternity test will reveal to your family and friends that you aren't the father of the child in question, you may be tempted to deny the request for a paternity test altogether. However, denying paternity is a risky move, because it raises obvious questions about your motives for doing so. If there is an undeniable chance that you are the father, you will come across as either dishonest or disrespectful to your family and friends. If you want to avoid those pitfalls , a better strategy is to ask for additional evidence. Remember that it's always possible—even likely—that the child who looks like him or her could be yours, even if they aren't. You might think that's irrational, but keep in mind that this is what happens every day in divorce court when people accuse their exes of having affairs during their marriages. They often h...

Many people wonder how to write their will if they have no one to give their assets and property to after they pass away. While this may initially seem like a difficult thing to do, it can actually be quite easy because you can create your own will without any help from lawyers. If you are a single person or are not currently married, you may not have anyone to leave your possessions to when you pass on. There are options for this, though. If you do not have anyone to leave your property to but want to make sure that your assets and properties will be used to help people in need, there are a few different ways to go about doing this. Think about charitable giving. What do you care about? What do you want to prosper when you are gone?  Call this estate planning law firm and get a free consultation about your options: Parklin Law LLC 5772 West 8030 South, Unit N206 West Jordan, UT 84081 (801) 618-0699 https://parklinlaw.com/utah-estate-planning-law-firm/

The simple answer is yes, but it's not a straightforward process. This is typically called a “disclaimer” where you disclaim an inheritance . If you are the person who created the estate plan, then you can remove yourself from a will and estate plan at any time. However, if your estate has already been through probate , or if your heirs have already been determined, you cannot remove yourself. If you are tired of being in your parent's will, or if you don't want to receive an inheritance, you can remove yourself from an estate plan fairly easily. However, the procedure for doing so is not always the same. It depends on whether the will has already been probated or not. To figure out exactly how to proceed, call a lawyer and get a free consultation. Parklin Law LLC 5772 West 8030 South, Unit N206 West Jordan, UT 84081 (801) 618-0699 https://parklinlaw.com/utah-estate-planning-law-firm/  

The honest answer is: “it depends.” Every state is different and some allow a part of your estate to go to children, parents, or siblings when you die without a will. Dying without a will is called “ intestacy .”  People who are married and have children tend to make up the biggest portion of individuals seeking estate planning services. Their goal is often to leave everything they own—their home, their savings, their investments, and most importantly their family—to their spouse or children upon their death.  A will can be the best way to ensure that the things you want to pass on are protected, whether you have a spouse or not. If your will is executed properly and is valid in your state, it should protect all of your assets from being claimed by someone other than your intended recipients. In addition, a will can also help with avoiding probate costs as well as help you bypass court fees for estate administration. It's important that you consult an attorney about creati...

I'm not an attorney, so I can't give you a legal opinion on the validity and efficacy of your estate plan . But I can tell you that making a will doesn't have to be difficult or costly. First, what's a will? A will is a document that explains how you want your property to be divided after you die, who should take care of your minor and dependent children, and who should make medical decisions for you if you become incapacitated. There are two types of wills : a last will and testament (which covers everything except property passing by right of survivorship) and a living will (which only deals with end-of-life medical decisions). You'll need to decide which kind of will is best for you, but first let's get started on a valid, simple last will and testament.  If you want a free consultation, call this law firm: Parklin Law LLC 5772 West 8030 South, Unit N206 West Jordan, UT 84081 (801) 618-0699 https://parklinlaw.com/utah-estate-planning-law-firm/...

The short answer is yes. When it comes to estate planning, there are a lot of options to consider. It's important to explore all of them before you draw up the documents that determine how your property is distributed after you pass away. One area many people overlook is the possibility of excluding a child (or children) completely from the will or leaving them minimal or no inheritance. This might seem like an extreme action and one that wouldn't be decided lightly—but sometimes, it's worth considering depending on how they have treated you during your life. Your best step if you want to do this is to call a lawyer who focuses on estate planning to help you . Call this law firm if you have any questions or concerns for a free consultation. Parklin Law LLC 5772 West 8030 South, Unit N206 West Jordan, UT 84081 (801) 618-0699 https://parklinlaw.com/utah-estate-planning-law-firm/  

No, but you should get one anyway.  Here’s why: estate planning is a complicated subject. There are many types of wills and trusts, each with its own benefits and drawbacks. You also have many options as far as executing your will or trust, from hiring a lawyer to do it for you , to doing it all on your own (with online documents, software, or apps), to just keeping it simple by naming beneficiaries. Depending on the state you are in, a handwritten will may or may not be valid.  This is the main reason you should have a lawyer help you prepare a will . Wills are used to distributing the property you leave behind when you die. Trusts help manage the property while you're alive. Both are important parts of estate planning that can help keep your family out of legal trouble after you pass away. If you're ready to start learning more about estate planning and want to know if a lawyer is right for you, call this estate planning law firm for a free consultation: Parklin Law ...

The short answer is yes. Even though adoption is an emotional decision, a lot of people become overwhelmed by details and are unsure if they can really adopt children from different countries. It's normal to have these concerns; it's a big decision. If you're wondering whether you can adopt children from different countries, here are some answers to your questions: Yes, it is possible to adopt children from different countries. For example, families have adopted children who have been rescued from war zones or children without parents. The U.S. has also welcomed many children who have been orphaned by AIDS in Africa and Asia. Families choose to adopt from other countries because they want to help the world's most vulnerable orphans and do something good for communities that need it most. Adopting a child from another country can be very rewarding, but it is also more complex than adopting within the U.S. Because there are so many possible situations, a family shou...

In Utah, once a final decree of adoption is signed by the judge and the birth certificate it changed then yes, adopted children become your descendants and will inherit from you. In all aspects, legally and lawfully, they are your children. Some people often say that adopted children are not descendants because they don't descend through the bloodline. But others say that they're descendants of their ancestors. If you're talking about genealogy, there's a difference between lineage and descendants . Lineage is like a tree trunk: it's the line of ancestors back to Adam and Eve. A person's descendants are all the people descended from them—their kids and grandchildren and great-grandchildren and so on down the line. Adopted children are technically not descended from their parents, but they are descended from their ancestors (just via a different set of parents). So, they are not “blood issues” but they are “ legal issues .” Ascent Law LLC 8833 S Redwood...

Not in the state of Utah, but it might be possible in other states.  I’ve read that some states may allow up to 4 people to be involved in an adoption. For example, in California, up to 4 adults can jointly adopt a child, as long as each adult adopts the child with the intent that each of them has equal rights and responsibilities regarding the child. There are many benefits to this type of joint adoption situation. For example, if you live in California, two unmarried partners can take advantage of this because it will provide them with equal rights and protections under California law. Also, remember that same-sex couples have been adopting children since 2003—and now that same-sex marriage is legal in several U.S. states as well as in other countries across the globe, many gay parents have also. Adoption is a wonderful, fulfilling, and life-changing process. But what happens when you have more than 2 people who want to adopt a child? Some people think that you can only h...

Not really. In the past, it was thought that a child could not consent to adoption —that is, an adoption couldn't be finalized unless he or she had been given up by his or her parents. In Utah, a child who is ten or eleven years old has to consent to the adoption, but that’s not the same as putting themselves up for adoption . If a child doesn’t like their parents, they can’t just go find new parents. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/adoption-process-in-utah/

Yes, you can adopt a child that you have found from the streets or that was abandoned. The state will let you adopt them. Before doing so, you should ask a few questions about the child's identity, their living conditions, and other things about their family and past. There are many ways to do this but records of some sort will help give clues to who the parent is. If everything checks out with the state, then you can legally adopt the child after six months. In the United States, it is legal to adopt a child you found if they were abandoned. However, there are certain criteria that must be met before this can occur. The parent(s) who left the child must not have claimed them yet. If the parent(s) do come forward and attempt to claim the child, then you will be unable to adopt them because of their parental rights . The parent(s) also cannot have been charged with a felony or any violent crime (excluding theft and property damage). If the parent(s) are charged with a felony or ...

For people who have always wanted to adopt but are deterred by the high costs of adoption, there's good news and bad news. The good news is that the number of cost-effective ways to adopt a child has gone up in recent years. The bad news is that it's still a long and expensive process for parents who want to adopt domestically. One of the most appealing parts of adoption is that there are many children out there who need homes and families, and when you can find one who seems like a great fit, it's heartbreaking to be told that you're not allowed to adopt because you already have so many kids. But what does this number even mean? Is there some kind of limit on how many children one person can have? It turns out that there aren't any rules about how many children you can be given permission to adopt at one time, but there are laws in place regarding how many children you're allowed to have total. Every state has its own set of laws regarding adoption, and t...

Adoption is a wonderful way to grow a family—and it could be the perfect option for you. But not everyone knows all of the ins and outs of this route to parenthood. It's a fairly common misconception that adoption and foster care are the same things, but they're actually quite different. Foster care is temporary—it is meant to be a short-term solution to provide an alternative environment for children who have been removed from their families. A caregiver takes in children until they are able to return home or are placed with permanent parents through adoption or foster care. The foster parent might have the goal of becoming a permanent guardian, but this isn't always the case. Adoption , on the other hand, is permanent. The adopting parent assumes all of the same parental rights and responsibilities as a birth parent. Even though there are scenarios where adoption can be terminated by court order, it's very uncommon for adoptive parents to give up their adopted child ...

Typically, there are no age limits for adoption. A person of any age can adopt a child ; however, you should always check with an adoption lawyer in your state. If you meet the criteria to be a good parent, there is no reason why you can't adopt. The main requirements are that you have a stable home and income and that you're able to provide a safe environment for a child. -           All children under the age of 3 can be adopted   -           Adoptions are always open and never closed   -           Children who are up for adoption may not be legally free for adoption if they have living parents, or if their parents have rights over them   -           Older children who need a home may be legally free for adoption, even if their parents want them to stay at home There are ad...

In short, yes. In the US, it is possible for a child to be adopted by the same family as their biological sibling. It's known as ' Simultaneous Placement ,' and it's something that can happen if the children have been in foster care together.  We’ve even seen twins and triplets placed for adoption shortly after birth with the same adoptive parents. Simultaneous placement is a complicated process that requires a lot of cooperation and effort from everyone involved. It's important to note that this is only allowed in certain circumstances: -           The biological parents are no longer able or willing to take care of the kids (i.e. they're deceased or their parental rights have been terminated by a court of law) -           The adoptive parent(s) must be approved by the state first (this can take some time, so be prepared for that) Adoption is a great way to make a family. The goal of...

It's a fear that any new parent can understand: what if the child gets taken away? Every child is unique and special, so when you have the chance to adopt them, it's natural to worry that their birth parents might change their minds and want them back. The answer is typically no - but it does matter what state you are in - there is also a difference between a temporary placement of a child and a final decree of adoption . (1) For starters, it's important to know that this possibility is rare. "In most cases, when a child is adopted by a family, that child will remain with the family," says Dave Wilton of the National Council For Adoption. "So the notion of taking the child back from the family is actually quite rare." (2) In fact, according to statistics from the North American Council on Adoptable Children, less than one percent of adoptions in the U.S. were disrupted between 2004 and 2009. When a child is adopted and there is a permanent finaliz...

The short answer is maybe. The real question is: is this man the father of the child? If you are the biological father, you are a putative father and then you should pay child support because it's the right thing to do. With that being said, the issue of child support is a sensitive and complicated one. In this article, we will be explaining everything you need to know about paying it, not paying it, and how to calculate it. The main responsibility of a non-custodial parent is usually to pay child support to the custodial parent. Child support is money that one spouse gives to another spouse (or ex-spouse) in order to help with expenses involving the children, such as food, clothing, school supplies, activities expenses, etc. The purpose of child support is to ensure that both parents can contribute equally towards these expenses while allowing each parent time with their children by not having them be responsible for such costs on their own. The non-custodial parent may ha...

The short answer is no. A lot of people are surprised to find out that the father of a baby can refuse to pay child support even if he has the means (a degree and career with a high salary), but there are consequences for those actions. Every situation is different so it is essential that you speak with an attorney about your matter. The basic requirements for a court to compel someone to pay child support: 1) The father must have the means to pay them; 2) The child must be in need of support; 3) The mother must be able to provide reasonable proof that the father is indeed the father. Call this law firm below for a free consultation about your child support rights. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/child-support/  

Maybe. It depends on the specifics of the case and the estate. When a person dies, his or her estate is managed by someone who is granted power of attorney by the state. In most states, this person is called an "executor" or "administrator," and may be appointed by the will writer or by the court. The executor's job is to take care of the deceased person's property—everything from selling off their assets to paying off their debts—and to see that his or her final wishes are fulfilled. Is a dead parent's child support debt among the things that a probate court can compel an executor to address? Sometimes, yes. For example, in some states, child support payments are considered a family debt that must be paid off as part of the estate. However, if there isn't enough money in a decedent's estate to cover his or her debts, then child support obligations would likely be dropped along with other unsecured debts like credit cards. The best way f...