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The petitioner may use OCAP the Online Court Assistance Program to prepare the petition and other documents to file for custody. Once in OCAP, choose the option called Custody, Support, or Paternity.
Time to Respond The summons will say how many days the defendant has to respond. In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.
Rule 12(b) (6) permits the dismissal of a case "for failure of the pleading to state a claim upon which relief can be granted." Rule 8(a) sets out what a complaint must contain in order to state a claim for relief: "A pleading which sets forth a claim for relief * * * shall contain (1) a short and plain statement of ...
In general, the defendant has 30 days to answer. If the defendant doesn't answer in time, the Court can enter a default judgment.
Utah Code Annotated §78A-2-301;Filing Fees - Effective July 1, 2020 Type of Filing, Action, or ServiceSubsectionFeeGuardianship of an Adult Disabled ChildSubsection (1)(b)(vii)$35.00Motion to Renew Civil Judgment$2,000 or lessSubsection (1)(l)$45.00Greater than $2,000 and less than $10,000Subsection (1)(l)$100.0058 more rows
Most Defendants file an Answer to the Complaint. If the Plaintiff did not follow the rules when serving you with the Complaint, the Complaint is missing certain information, or the Complaint shows that the Plaintiff cannot win, it may be possible to file a Motion to Dismiss the Complaint instead.
Technically, ing to Utah Law, the ?desires of a child 14 years of age or older shall be given added weight but is not the single controlling factor.? Again, 14 and above, the court may consider the preference of children and what they have to say, but even that will be the exception and not the normal case.
Responding to a Summons In most civil law suits, a person has 21 days in which to answer the complaint or petition. If the person is served outside of Utah, they have 30 days in which to answer.