This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Of Non Cohabitation For Solo Parent In Utah
Category:
State:
Multi-State
Control #:
US-00003BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Is there a presumption of legal custody for mothers? Utah child custody law is gender neutral. However, in the case of unmarried parents, mothers have a “natural” and “primary” right to custody. Until a father establishes paternity, he has no rights at all.
What is the New Child Custody Law in Utah? Utah's new child custody law, which went into effect on , is called the "Equal Parent-Time Schedule." This law allows parents to share equal physical custody of their children unless there is a reason why this would not be in the children's best interests.
A custody and parent time order can include arrangements for when a parent relocates. If an order does not include arrangements for when a parent relocates, Utah law has a process that either parent can request when one of the parents plans to move 150 miles or more from the residence of the other parent.
Sole legal and sole physical Either parent can be awarded sole custody of the children. This means the children live with one parent and that parent makes major decisions about the children's lives. The non-custodial parent will usually have parent-time with the children.
An Affidavit of Cohabitation is a sworn statement attesting to the fact that two individuals have lived together as husband and wife for a specified period. It is a legal document typically executed under oath before a notary public.
Cohabitation is defined as two individuals that live together and are not married. ing to the Utah Supreme Court case of Myers v. Myers, this is when two people are engaged in a romantic relationship and spend most or all of their time living together.
A father and mother can declare the father's paternity by signing a Declaration of Paternity. Evidence that the father is named on the child's birth certificate, that the child took the father's surname, and/or that the father has been providing support is good evidence for a declaration.
Utah Code 81-6-101(16) The child spends over 255 nights a year in the home of one parent. This is called sole physical custody.
Joint legal custody does not affect the children's residence. Joint physical custody means the children live at least 111 nights a year in the home of each parent.
When parents share parenting time equally (50/50), one of the two parents must have at least one more overnight than the other because there are an odd number of days in a year (365). In most cases, one parent will have 183 overnights and the other will have 182 overnights.