How Much Does A PPM Cost?

You may have learned that there are rules and regulations that apply to raising capital for your business. Federal and state securities laws apply whenever you seek capital from investors, regardless of whether they are friends, family, crowd funding investors, high net worth individuals, angel investors, accredited investors, or otherwise. A private placement memorandum (PPM), as you may have also learned, is the legal document provided to prospective investors when selling equity or debt in your business. It is sometimes referred to as an offering memorandum or offering document. It provides investors with the information they need as well as protects the company in the event of an investor complaint. Now you may be asking yourself, do I really need a private placement memorandum? If so, can I write it myself? Can I use a template? Do I need an attorney? And how much do I need to budget for this?

Regulation D Exemption

Regulation D is an exemption that allows companies to raise capital in what is known as a private placement. There are various rules under Regulation D that are designed to allow for different sized offerings. There are three distinct offerings provided under Regulation D. Each of the three offerings is controlled by a rule: Rule 504, Rule 506(b), and Rule 506(c). The vast majority of offerings are conducted under Rule 506(b) or 506(c). Each allows for the company to raise any amount of money, but differ as follows:

• Rule 506(b): This is a private offering only to investors with whom the company has a pre-existing relationship. Up to a maximum of 35 investors may be unaccredited, but audited financials would be required if there are any unaccredited investors. There is no limit to the amount that can be raised.

• Rule 506(c): This offering allows for general solicitation, which means the company can advertise the offering, list it on their website, use an equity crowd funding site such as Equity Net, and/or use social media, email, seminars, radio, TV, print, and any other means to market the offering. All investors must be accredited and there are enhanced requirements for qualifying investors. There is no limit to the amount that can be raised.

Anti-Fraud Rules

Regulation D provides entrepreneurs and startups with a truly flexible and lightly regulated means for raising capital. However, raising capital from investors is a securities transaction, and even under Regulation D, and the Anti-Fraud Rules apply. Compliance with these rules is critical to avoid severe civil or even criminal liability, which can include investigation by the SEC, state securities commission, or a State Attorney General, potentially leading to enforcement action. Investors can also pursue civil damages. Rescission – an order to return all funds received to investors – is not an uncommon outcome of such investigations. One purpose of a comprehensive customized PPM is to avoid these outcomes by protecting your company in the event of a complaint.

Wide Price Range

There is a significant range in pricing among these options and you may receive price quotes ranging from $2,500 to $35,000. Why the tremendous range in price?

Big law firms have big overhead, including supporting high salaries for associates and partners. The firms will likely charge at least $35,000 to draft a PPM. Keep in mind that only one or two attorneys would be working on your documents, despite the size of the firm, and these lawyers may not even be specialists in private placements, but rather have a more general corporate securities background. These firms may also require an equity interest in your company. Ultimately, the work will probably be good and your interests should be well protected, but the high price tag will choke many startups and entrepreneurs. PPM LAWYERS focuses exclusively on private placements and provides flat-fee services.

In your research, you may also come across small firms that offer PPM drafting services for under $5,000. The service providers at these firms are generally not lawyers at all. In this case, the person or people drafting your PPM may have general business experience and will probably model your PPM on a template or sample PPM. If your drafter is not a trained or experienced lawyer, there is a high risk that s/he will miss important nuances and complexities of the federal and state securities laws that apply to your particular business and offering. Be sure to ask the person preparing your PPM what exemption or exemptions you’re offering should fit into and what facts and regulations s/he has analyzed in making that determination. Ask whether she/he will be drafting industry- and company-specific risk factors for you), or if the PPM will only include boilerplate risk factors. And be sure to ask if she/he will be handling the regulatory filings for both state and federal, as well as what the firm will do in the event an investor complains or has issues with the PPM. Ultimately, in the case of a non-attorney PPM drafter, you run the risk of getting a final product that does not adequately protect your company and leaves you vulnerable to grave legal exposure and compliance issues.

There are also small law firms, sometimes solo practitioners, who will draft a PPM for anywhere from $5,000-$15,000. With such a firm, be sure to find out how much experience the attorney has in corporate securities law in general and PPM practice in particular. Most small firms do not specialize in private placements and may lack the ability to fully understand the nuances of the rules and regulations that apply to your company. Another consideration with a small firm or solo practitioner is their ability to take calls, discuss your project, and complete your documents within a reasonable time frame. Solo practitioners, in particular, are often overworked and unable to provide focused, personalized service. It is also important to find out if they are charging you by the hour or with a flat fee. Billable hours have a way of building up to cost prohibitive levels. Find out exactly what you are getting from this lawyer. Will they handle the regulatory filings, and is that included in the cost? Are they drafting custom risk factors that are industry and company-specific? Are they providing ongoing support or advice throughout the offering, and is that also included in their price quote? Finally, do your homework on the firm you are considering to ensure that they have a track record of satisfied clients, that you can trust them to complete your PPM in a reasonable time frame, and that they can provide the support you need throughout the process.

PPM Templates are available in the $1,000 price range. While this low cost is attractive, especially for a startup or small business, consider these factors before you use a PPM template.

How will you assess whether the template provides a comprehensive structure, includes all necessary components, and reflects the most recent changes in applicable laws and regulations?
• How much time do you have to dedicate to working on your PPM? A comprehensive PPM generally runs 40-50 pages, not including exhibits and appendices. In addition, the language in most templates is likely to be very confusing for a layperson.
• Will the template provider help you? If so, see the “Non-Attorney Drafter” section above.
• Templates are boilerplate documents that have little relevance to your particular business or offering. A good PPM drafter conducts extensive research to ensure that the document is fully customized for your particular business.

• How will you ensure that you’re not making any mistakes with respect to the proper legal exemptions and disclaimers, disclosures, risk factors, securities offering structure, or ownership tables?
Think carefully about these considerations before you spend a lot of time trying to draft your PPM from a template. The answers to these questions are often the difference between a successful raise and a waste of time, let alone the catastrophe of an investor complaint down the road. Laws and regulations have changed dramatically in recent years and remain in flux; it’s critical that your PPM document reflect the most current state of the law. The complex legal language is difficult to navigate for most people and if you miss something or misinterpret something, you could be putting yourself and your company at risk. Most entrepreneurs will not want to take the risks involved with trying to draft one themselves. Remember, a strong PPM not only impresses investors but also stands as your shield against legal exposure and compliance issues. If you’re thinking you can draft your PPM yourself from a template and then engage a lawyer to sign off on it, keep in mind that no good lawyer will put his/her name on a document that they can’t stand behind 100%, due to professional liability concerns. If you do find a lawyer who is willing to review your document, it is likely to be at a substantial cost, because careful review of a PPM document is an extensive process. If you are considering this option, you would be wise to first identify a lawyer who is willing to provide the review and find out what they will charge.

Call A Securities Lawyer

If you want to be able to sleep at night and not waste your money, your best bet is to retain PPM LAWYERS to prepare your documents and provide full coverage and support to you for the entire transaction. Raising capital from investors is not to be taken lightly. Cutting corners at this stage, looking for a cut rate service provider, or spending any money at all to have an inexperienced or unqualified person draft these legal documents is often a waste of money, and can come back to haunt you down the road. As a result, it is the very first layer of defense against potential allegations of securities fraud. Nearly any private placement offering or crowd funding offering cannot go without one as a core best practice.

The Form 1A document standard drives fully registered offerings which are vetted and approved by the SEC and accordingly offers potential investors substantial detail and disclosure. By drafting our clients’ private placement memoranda to Form 1A standards, we strive to maximize clarity, efficacy, and liability insulation. Moreover, drafting PPM’s to this standard enhances the offering’s viability among investors, financial advisors, placement agents, as well as institutions. Finally, our services include taking our robust private placement memoranda and enhancing their presentation value with the highest level graphics and visual content. While a PPM is the heart of a private offering, there are many other considerations and decision points that require a skilled and experienced hand. In particular, the actual structure of the offering (as a small sample: debt versus equity, waterfall mechanics, pro formas, conversion mechanics, investor rights, etc.) is not something that should be randomly chosen. An Attorney provides comprehensive planning, strategy and consulting services in and around your offering to assure optimal structure. Moreover, he can quickly and modify aspects of the offering as each deal often evolves over a period of time and as individual investors request particular incentives and rewards for investment.

A brief summary of those considerations are below, any of which can have drastic implications for the overall character of the private placement offering:

• Pre Offering Analysis and Consultation: Analyzing the venture prior to designing the offering structure so as to identify and offset major weaknesses in the venture itself that may undermine investment viability is a key step.

• Debt versus Equity: One of the primary concerns for any private placement offering is the actual “security” to be offered. Contrary to popular belief, one can sell debt security as well as equity (i.e., the difference between an investor actually owning pieces of the company, versus the investor owning an obligation to pay back a debt). Since this is a major strategy point careful consideration has to be given to the various pros and cons of both approaches, which can have far-reaching implications.

• Optimally Choosing from Various SEC Exemption Rules: There are various “flavors” of private placement offering exemptions that each have their own set of pros and cons (e.g., the total amount of the capital raise, the nature of the documents required for prospective investors, etc.). Properly navigating between them so as to optimize the options and minimize the requirements of the issuer is a key strategy point and requires careful planning.

• “Blue Sky” Filing Strategy and Implementation: All private placement offerings have a double government footprint–a state footprint based on the residence of each investor, as well as the federal footprint which applies across the board. As a result, private placement offerings generally require notification filings (i.e., forms that indicate the nature of the offering, the principals involved, etc.) to be made with these states as well as the federal government. Each state has its own set of requirements which can add complexity and costs. Properly navigating between them so as to optimize the options and minimize the requirements of the issuer is a key strategy point and requires careful planning.

• Share and Unit Classes and Rights: An issuer cannot simply sell “shares”, without considering what investor rights, duties, and obligations attach to each (information rights, management rights, payout preference, etc.). As a result, while pricing the shares or notes is also key, special care should also be given to the various classes the shares, notes, etc. can take since that will dictate many of these rights, duties, and obligations (e.g., common, preferred, or convertible preferred equity).

• Engineering the Capitalization Structure: Properly devising the company capitalization structure (how many shares makes sense given both current and future capitalization/growth needs, company valuation and share, etc.) requires careful planning. Using figures that do not factor in long term considerations can potentially harm the company’s growth and deter investment in the current offering.

• Min/Max Offering: In certain cases, an issuer may be required by statute to or may desire to set a minimum threshold of investment that must be met prior to releasing or being able to utilize the funds. This is a tricky consideration and must be planned with care, so as not to unduly hamper the offering with over onerous thresholds, while still satisfying investor and statutory requirements.

• Engineering Investor Returns and Waterfalls: At the heart of any offering is the actual model of return for an investor. Each offering is different in terms of incentives, industry norms, participants, and a variety of other factors that may affect these models. In addition, a venture or project may leverage a jigsaw puzzle of funding sources including private equity or debt and institutional sources that may also affect this model.

• Marketing Strategies: Any private placement offering should be generated with a robust understanding of the optimal strategy to market that offering based on a solid sensitivity to the investor audience. In addition, after the offering has been generated.

Free Initial Consultation with Lawyer

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Utah Real Estate Code 57-1-12.5

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Utah Real Estate Code 57-1-12.5

Utah Real Estate Code 57-1-12.5 Form Of Special Warranty Deed — Effect.

(1) Conveyances of land may be substantially in the following form: SPECIAL WARRANTY DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants against all who claim by, through, or under the grantor to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the property). Utah Code Page 5 Witness the hand of said grantor this __________(month\day\year).

(2) A special warranty deed when executed as required by law shall have the effect of: (a) a conveyance in fee simple to the grantee, the grantee’s heirs, and assigns, of the property named in the special warranty deed, together with all the appurtenances, rights, and privileges belonging to the property; and (b) a covenant from the grantor, the grantor’s heirs, and personal representatives, that: (i) the granted property is free from all encumbrances made by that grantor; and (ii) the grantor, the grantor’s heirs, and personal representatives will forever warrant and defend the title of the property in the grantee, the grantee’s heirs, and assigns against any lawful claim and demand of the grantor and any person claiming or to claim by, through, or under the grantor.

(3) Any exceptions to a covenant described in Subsection (2)(b) may be briefly inserted in the deed following the description of the land.

Special Warranty Deed

A special warranty deed (also called a grant deed, covenant deed, or limited warranty deed) is a deed form that transfers property with a warranty of title limited to the period when the signing owner owned the property. A special warranty requires special language to ensure that the deed qualifies. This language is automatically included in all of our deeds.

How a Special Warranty Deed Works

A special warranty deed transfers title from one owner (called a grantor) to another owner (called a grantee). The title is transferred with a limited warranty of title. By signing the deed, the grantor promises that—for as long as the grantor has owned the property—nothing has happened that would cause title issues for the grantee. This promise also extends to others that may acquire title through the grantee. The grantor makes no promises about what may have happened before the grantor owned the property. Special warranty deeds place some risk on the grantor and some risk on the grantee. The grantor is legally responsible for any title issues that arose while the grantor owned the property. The grantee assumes the risk of any title issues that arose before the grantor owned the property.

Other Names for Special Warranty Deeds

Of all of the types of deeds, special warranty deeds have the largest variety of names. Depending on the state, special warranty deeds may be called grant deeds, covenant deeds, statutory warranty deeds, or limited warranty deeds. Each name refers to essentially the same document: A deed that makes the grantor responsible for title issues but limits the grantor’s liability to the period when the grantor owned the property.

The designation of a deed as a special warranty deed identifies the warranty of title. The warranty provided by a special warranty deed is limited in the sense that it only covers the period when the grantor owned the property. By dividing risk between the grantor and grantee, the limited warranty of title provided by a special warranty deed provides a middle ground between quitclaim deeds and warranty deeds.

• A quitclaim deed (also known as a quit claim deed and sometimes erroneously called a quick claim deed) provides no warranty of title. Because a special warranty deed provides a limited warranty of title, it provides more protection than a quitclaim deed.

• A warranty deed (also called a general warranty deed) provides a full warranty of title that extends to all time, including the period before the grantor owned the property. A special warranty deed does not provide this much protection. It only covers the period when the grantor owned the property.

In the sale context, the protection provided by the special warranty title has been supplemented and sometimes replaced by title insurance. Title insurance allows the grantor to avoid the risk of unknown title issues and provides the grantee with the protection of a solvent financial institution to look to if title issues arise. Special warranty deeds also differ from estate planning deeds, including life estate deeds, lady bird deeds, and transfer-on-death deeds. Each of these deeds is named after the estate planning and probate avoidance benefits it provides. Special warranty deeds, in contrast, are named after the warranty of title they provide.

Common Uses of Special Warranty Deeds

Special warranty deeds are often used in negotiated situations, where the grantor is uncomfortable with the liability associated with a warranty deed and the grantee wants more protection than a quitclaim deed. Common uses include:
• Transferring real estate to a trust—like a living trust—that the transferor controls or benefits from;
• Transferring real estate to a business—like a limited liability company—that the transferor owns;
• Selling commercial or multi-family residential property;
• Transferring property to a new owner that is purchasing title insurance on the property and is not concerned with the limited warranty of title; or
• In other circumstances where the current owner does not want to be legally responsible for problems with title that arose before the current owner owned the property.

How to Create a Special Warranty Deed

The legal basis for the validity of a special warranty deed depends on state law. In some states, a specific statute authorizes the creation of a special warranty deed. In others, special warranty deeds (called covenant deeds in) are accepted under common law. Even in states that provide statutory language, the deed must take into account the other elements of a deed. These features include:
• A valid legal description;
• A statement of the consideration changing hands or statement that the deed is without consideration;
• If there is more than one grantee, a statement of the manner in which the grantees will hold title;
• Recording requirements, including the correct font size, page margins, and other page format requirements; and
• Signature blocks and notary acknowledgments that comply with the statutory format.
When creating special warranty deeds, it is important to understand the legal basis and create a deed that meets the requirements of that state. Using a generic form is dangerous. A special warranty deed that is valid in one state may be a crime in another state. For example, Utah law makes it a crime to use the word “warranty” in any deed that does not convey a full warranty of title. An uninformed property owner using a generic, fill-in-the-blank form for a special warranty deed could become criminally liable for including the wrong language. Each deed created by our deed preparation service was designed by attorneys to comply with the requirements of the state where the property is located.

What Must Be Included in a Special Warranty Deed

Any type of deed has to contain the following information to be legal:
• Name and address of the person conveying the property, also known as the grantor
• Name and address of the person receiving the property, also known as the grantee
• Legal description of the property (which could be a description of property lines or a lot number), which you can find on the previous deed
• Statement that the grantor intends to convey the property to the grantee

To qualify as a special warranty deed, it must also say that:
• The grantor is the legal owner of the property and has the legal right to transfer the property.
• There are no outstanding claims against the property by any creditor or anyone else that were instituted during the grantor’s ownership period.
• The grantor guarantees he or she has clear title only during his or her period of ownership and, if there is a problem with title during that period, the grantee is not entitled to compensation from the grantor. The guarantee does not cover the time period before the grantor owned the property.
When a Special Warranty Deed Is Used
A special warranty deed is common when a house has been foreclosed on by a bank because the previous owner did not pay their mortgage. The bank forecloses on the property and then sells it to a new buyer. The special warranty deed that the bank provides to the new buyer provides no protection for the period of time before the bank took ownership of the property.

Special Warranty Deed and Title Insurance

When a buyer purchases property under a special warranty deed, there is the possibility that a prior creditor or owner could make a claim against the property. The best way to protect yourself as a buyer is to buy title insurance when you purchase the property. The title insurance company will research the title to ensure it is clear and then provide insurance so that you have protection should there ever be an old claim that is brought against your title. A special warranty deed provides the buyer with some guarantees about title, but it does not offer complete protection. However, these types of deeds can be acceptable if other protections are put in place. You can find the right form to use by searching online for “special warranty deed” and your state’s name. If you want help in creating a special warranty deed or any other type of deed, you can use an online services provider to help ensure that everything is completed and filed properly. To own a property, you need specific real property documents to support your rights to the property. Real property includes any structures on the land, any person’s rights and interests related to the property, and natural parts of the land. As a property owner, it is important to understand what documents you need to verify your ownership.

Why Do I Need Proof of Ownership?

Proof of ownership is how you claim the rights to a certain property. In the late 1800s, proof of ownership expanded from a local matter to a national one, when the federal government created specific regulations for the process. By making it national, the process became simpler, and gave property owners an easy way to prove their rights.

A warranty deed is one type of proof of ownership; it shows the name of the owner and gives a brief description of the property. The previous owner or party granting you ownership signs the warranty deed, showing your rights to the property. A quitclaim deed is the other main type of property deed. Warranty deeds are the most common property deed for people to have but you can also have a quitclaim deed, which also proves ownership but can express that only the current owner has rights over certain parts of the property.

Bill of Sale

A bill of sale is another document that can serve as proof of ownership; it comes from the previous owner and shows the transfer of ownership. The bill of sale is essentially the receipt for the sale. It usually serves as the primary proof of ownership until the deed can be officially notarized.

Recorder’s Office

When you get ownership interest in land, you should record the documents and deed at the local recorder’s office so that the information is available to the public. Because it is a public record, you can purchase copies of the record at any time. The record can serve as proof of ownership.

Deed of Trust

Some states require lenders to create a deed of trust when someone receiving a loan buys property using a mortgage. The trustee holds the property deed until the property owner can pay off the mortgage debt. The land owner can get a copy of the deed of trust, even if they have not yet finished paying off the debt. Though the deed of trust shows that the borrower does not have full ownership, it is proof that they will have ownership when they complete payment of the mortgage. A copy of a deed of trust is also available at the recorder’s office.

Some states have lenders create mortgage notes to secure a debt. The property owner gets the title to the property during closing and the person selling the property transfers ownership without needing to use a deed of trust. A mortgage note indicates that you own a property that has a mortgage lien. You can receive a satisfaction of mortgage letter when you finish paying off the mortgage debt. You can use it as proof that you own property.

Losing a Property Deed

If you lose your proof of ownership, you must get new documentation as soon as possible. While losing the property deed does not mean you lose the property, it can cause complications with your rights. You can get a new copy of the deed at your local county clerk’s office and have it notarized.

The process of establishing proof of ownership involves a series of steps. It also depends largely on the type of property and your relationship to the person claiming it. If you are the original owner and have been reported as the property owner, there are certain documents you must provide to prove it. Some of the documents include:
• Copy of driver’s license or another photo ID
• Copy of proof of Social Security number
• Proof of association with the property’s address such as a utility bill or driver’s license with that address
• Proof of business dealings between you and the reporting company

If you are claiming on behalf of a minor, are a guardian or trustee of the reported owner, or the heir of the deceased property owner, you must provide documents such as:
• Driver’s license and proof of Social Security number
• Proof of identity and ownership from the reported property owner
If there is more than one owner, each person much provides their personal information. Someone claiming on behalf of a minor must show the minor’s birth certificate. A guardian must have a copy of the legal letters of ownership. Heirs must have a copy of the deceased person’s death certificate, will, letters of administration, current Letters Testamentary, or copy of the trust agreement.

Utah Real Estate Lawyer

When you need legal help for Utah Real Estate Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Hotel Owner Liability

If you ever decide to start running your own hotel, the law will impose different duties and liabilities on you regarding how to run your business. The duties and obligations of both innkeepers and their guests are legal rather than contractual.  When you check into a hotel, there is an unspoken contract between the owner and guest; one of these is that the hotel owner has a duty to protect the guest from undue injury.

Under What Circumstances Can a Hotel Be Held Liable?

According to US Legal, “the proprietor’s duty of reasonable care for the safety of its guests and to protect them from harm due to reasonably foreseeable risks of injury is a continual legal duty, the breach of which gives rise to a cause of action for negligence.” The hotel isn’t the insurer of the guests’ safety, and is only held liable if there is a defect or hidden danger that you and the hotel are unable to foresee. If you slip and fall in your hotel bathroom shower due to lack of proper tub safety items, you could hire a lawyer and sue the hotel for damages. The hotel has the responsibility to keep you safe, and if proper precautionary measures were not taken, then the hotel could be held liable. Of course this claim would only be successful if there was sufficient evidence of a defect or a previously unknown peril. The hotel should be subject to periodic inspection in order to make sure the hotel is safe for guests. Understanding these basic principles and liabilities of hotels can help you immensely in the event of a slip and fall injury. A hotel is generally held liable for any injury or loss of property that a guest suffers while on hotel property.

When is a Hotel Liable to its Guests?

Hotels can be held liable when hotel guests who are on their property are injured, or have their personal property stolen. There is a common law “innkeeper’s duty” which states that “innkeepers (hotel owners)” are responsible for injuries to and theft from their guests. Another name for this type of liability is “premises liability”, which states that owners of land and buildings can be held liable for injuries to or theft from their guests. Injuries to guests may be caused by unsafe conditions on the property. Theft may be perpetrated by other hotel guests or by employees of the hotel. Hotels can also be held liable for actions of their employees. When a hotel guest brings a claim against a hotel, it is usually for negligence, which means the hotel failed to do something they were responsible for in ensuring the safety of the guest and their belongings. It is unlikely that a guest would bring a claim against a hotel for an intentional action, as hotels and their employees are unlikely to intentionally harm their guests. Therefore, the claim is usually for negligence, which must be proven in a court of law.

How Do I Prove that a Hotel was Negligent?

When a hotel guest experiences an injury or has their personal property stolen while on hotel property, they may bring a claim of negligence against the hotel. In order to prove that negligence occurred, the following elements must be proven in court:
• The guest was a paying customer of the hotel at the time, and was considered an “invitee”;
• Being an invitee, the hotel owed to the guest a duty of reasonable care, based on the standards of reasonable hotels caring for their guests;
• The duty was breached because of the hotel’s negligence, or failure to complete some action, which resulted in the guest’s claim; and
• In breaching the duty of care, the hotel directly caused the injury to or theft from the guest.

What are the Duties Owed by a Hotel?

As mentioned above, the duty a hotel owes to its guests is to meet the industry standards of care to guests. The hotel must take care of certain things on the hotel property, and among its employees and other guests, to make sure all guests have the duty of care met. Invitees of property owners are always owed this duty, and are owed protection. What follows is a list of common duties hotels is responsible for to insure the safety of their guests. Hotels must:
• Keep the hotel and hotel grounds in safe condition for guests;
• Stay aware of any unsafe conditions, make repairs swiftly, and inform guests of any possibly unsafe conditions until repairs are made;
• Make sure there is security, as needed;
• Hire enough staff and train and oversee them properly;
• Take care of any health and sanitation issues, to include infect infestations such as bed bugs; and
• Make sure all locks on guest room doors function properly.

There are myriad ways a hotel can be responsible for injuries to or theft from its guests. If negligence by the hotel can be proven, according to the elements listed above, then a guest can receive monetary damages for their suffering. Here are some of the most common claims of negligence guests make against hotels:
• Personal injury – if a guest is injured during the course of their stay on hotel property, they may bring a claim against the hotel;
• A guest who has items stolen from their room may make a claim;
• A guest may sue a hotel because another hotel guest committed a crime against them;
• Because of infect infestations (bed bugs);
• Because of stairs or elevators in need of repair; and
• For actions of hotel employees

Can a Hotel be Liable for the Actions of its Employees?

Yes, if an employee causes injury to a guest, or steals items from a guest, the hotel may be held liable. This does not require that the hotel have had any knowledge which led to the incident. In a case like this, the guest would still just need to prove that the hotel is guilty of negligence. Under the theory of vicarious liability, the hotel is responsible for its employees’ actions, as long as the employee completed the action within the “scope of their employment,” meaning in the course of their job duties.
Do I Need a Lawyer for My Hotel Liability Problem?
If you have been injured or have had items stolen during a hotel stay, you may have a claim against the hotel. You might want to contact a personal injury attorney to discuss your rights and the possible compensation for any loss you have suffered.
Can a Hotel Be Liable in a Personal Injury Claim?
When a guest is injured due to the carelessness or neglect of a hotel or it’s employees, the hotel may be liable in a personal injury claim or lawsuit. Hotels can be held liable for injuries to guests, and can be also held responsible for negligent acts of hotel employees.

Proving That a Hotel Was Negligent

In order to hold a hotel legally responsible for injuries that occurred on the premises, you’ll need to establish that the hotel was somehow negligent. That means showing that the hotel breached a duty owed to a person who was injured on the premises, and that the breach of duty caused the injury.

Hotel Duties to Guests

A hotel has a general duty to exercise reasonable care in operating its business and protecting guests. A hotel guest, considered an “invitee” under premises liability law, is legally entitled to a high amount of protection. A hotel must inspect the hotel grounds and maintain the property in a reasonably safe condition. This duty includes quickly repairing dangerous conditions and taking affirmative steps to protect guests from known or reasonably discoverable conditions. For example, there is a duty to quickly clean up a spilled pitcher of water and a duty to post signs when a pipe located in a hallway is known to leak. In both situations, the hotel could be liable if a guest slipped on the water from the pitcher or the water from the pipe. Common hotel duties include a duty to maintain adequate lighting, a duty to keep steps dry and unobstructed, and a duty to repair hotel defects. Other general hotel duties and responsibilities to guests include:
• Control insect infestation (“bed bugs”)
• Maintain proper security (security guards and cameras) to avoid theft and assaults on guests
• Exercise reasonable care in hiring hotel staff
• Train hotel pool staff to prevent injuries to guests
• Maintain stairs and elevators
• Maintain locks on hotel rooms.
There is also a duty to reasonably construct hotel steps or warn guests of unusual staircase locations. Hotel guests have won lawsuits in which a hotel has been found liable for negligent design and construction where the staircase was located in a long hallway, there was no warning or caution sign, and the guests’ inability to exit the hotel resulted in injuries. A hotel has minimal duties to non-guests and trespassers. Non-guests have a right to enter the hotel premises with the permission of guests, but non-guests may be evicted for engaging in prohibited activities.

Hotel’s Breach of its Duties and Responsibilities

When a hotel does not inspect the premises, keep the premises reasonably safe, or fails to warn of dangerous conditions, it has breached its duty to guests. For example, when a hotel does not thoroughly clean its sheets, and bed bugs infect the bed, the hotel has breached its duty.

In all negligence cases, the defendant (the party being sued) must cause the plaintiff’s (party suing) injury. It must be reasonably foreseeable to the defendant that his or her actions could cause injury to the plaintiff. As a real-world example, a hotel is not negligent when a hotel guest slips on another guest’s spilled soda in their individual hotel room. However, the hotel could be liable if the room has just been cleaned by the hotel staff and an obvious spill or other hazard was not remedied.

The final necessary element is harm. To succeed in a case against the hotel, the guest must experience an injury or some other loss. So, in a slip and fall case involving an obvious safety hazard, the guest must have been injured by the fall. It’s not enough to show that there was a hazard, and that a fall occurred.

In legalese, “damages” is the amount of money awarded to a successful plaintiff as compensation for injuries. Depending on the type and severity of a hotel guest’s injury, recoverable damages might include medical bills, lost wages, pain and suffering, mental anguish, and loss of companionship.
Liability of Hotels for Employee Conduct
Under a legal theory known as “vicarious liability,” a hotel may be liable for the harmful actions of employees. The hotel’s liability depends on whether the employee’s actions were performed “within the scope of employment.” A hotel may be liable for an employee’s actions even if the hotel did not sanction the conduct, was unaware of the incident, or did not have direct control or supervision over the employee at the time the incident occurred.

When you check into a hotel and place your luggage in your room, you usually assume that your belongings will remain safe. But it can often happen that your belongings may be stolen or damaged while at a hotel. The fact is that hotels have limited liability for your property unless you can show that the hotel or its staff members acted negligently. The legal rule that governs these cases is known as “innkeepers liability” and will determine whether the hotel is responsible for none, some, or the full amount of your losses. Here is a short guide to the innkeeper’s rule and how it can impact your legal rights.

Although it is an old-fashioned term, the term innkeeper is just a historical hold-over that refers to hotels and motels today. In the past, the rule stated that an “innkeeper” was liable for all losses and damage to a guest’s property, unless the loss was caused by a third party, an act of nature, or by the guest themselves. Today, most jurisdictions have modified this rule to limit the hotel’s liability as long as they abide by certain regulations. Every state has different laws concerning hotel liability, but there are some commonalities.

Common Hotel Liability Issues

Because a few scenarios have come up time and time again when it comes to hotel losses, most states now have laws limiting their liability in certain circumstances. For example, most states now have laws protecting hotels for events out of their control, such as an accidental fire or an act of nature like a hurricane. If this is the case, the hotel will not be liable for your belongings. There are also many cases where a guest may need to leave their luggage in the care of the hotel before checking in or after checking for safekeeping. The legal term for this is a bailment. If the luggage is stolen or damaged while it is in the hotel’s charge they will be liable for the full amount of losses. Having luggage stolen is usually what guests worry about most when it comes to hotels. The laws regarding liability for any stolen property varies depending on the state and the circumstances. Many differentiate between lost and stolen, where a claim for stolen property will likely succeed, a claim for lost property will not. State law may also limit a hotel’s liability if they post warning signs renouncing liability in their building or on their premises, such as waiving liability if a guest does not put valuables into the hotel-provided safe. But these signs may not absolve them completely. Check the specific jurisdiction’s laws and talk to an attorney for a clearer picture.

Beware of liability release forms. Most hotels now require their guests to sign one when they check in, which attempts to limit or deny any liability for losses under the stated circumstances. As long as the release does not violate any laws, they are usually binding. Another thing to be aware of is how guest actions may impact liability. If you leave your valuables sitting in a hotel lobby where the public is free to come and go without taking them to hotel staff for bailment security, then a hotel will likely deny liability. Most courts will find that it was the guest’s fault, relieving the hotel of liability.

Do I Need a Hotel Attorney?

The laws controlling hotel liability vary from state to state. Thus, it is important that you contact an attorney familiar with that state’s laws to assess your case. If you believe you have a claim against a hotel, they can advise you on the case’s likelihood of success, and tell you what legal actions you need to pursue to recover your losses. Hotel guests should be aware of certain laws and regulations or policies that could impact their visits. Special concerns affect the “hospitality industry” because its establishments hold their property open to the public at large. For hotels (collectively referred to as “innkeepers” under many state laws), duties owed to the public at large are based on the historic consideration that when weary travelers reached wayside inns as night approached, they were not to be arbitrarily turned away into the dark (the roads were filled with robbers) or otherwise subjected to the arbitrary mercy of the innkeeper with regard to prices or adequacy of quarters. Modern innkeepers’ laws are mostly based on old English common law.

Hotel Owner Lawyer

When you need legal help with a Hotel Owner Lawyer please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
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Lindon Utah Foreclosure Lawyer

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Lindon Utah Foreclosure Lawyer

Lindon is a city in Utah County, Utah, United States. It is part of the Provo–Orem, Utah Metropolitan Statistical Area. The population was 10,070 at the 2010 census. In July 2018 it was estimated to be to 10,970 by the US Census Bureau. Lindon has an abundant cultural and historical background. Originally settled in 1861, Lindon began as pioneers moved into what was then the Lindon grazing land. The town was originally named “String Town” because of the way the houses were strung up and down the street between the towns of Orem and Pleasant Grove. An old linden tree (Tilia) growing in town in 1901 inspired the present (misspelled) name. Over the past century Lindon has seen organized development, but it has tried to remain true to its motto: “Lindon: a little bit of country”.

Short Sales vs. Deeds in Lieu of Foreclosure

If you’re having trouble making your mortgage payments and the loan holder (the bank) has denied your request for a repayment plan, forbearance, or loan modification or if you’re not interested in any of those options two other ways to avoid a foreclosure are completing a short sale or a deed in lieu of foreclosure. One benefit to these options is that that you won’t have a foreclosure on your credit history. But your credit score will still take a major hit. A short sale or deed in lieu of foreclosure is almost as bad as a foreclosure when it comes to credit scores. For some people, though, not having the stigma of a foreclosure on their record is worth the effort of working out one of these alternatives.

Short Sales

A short sale occurs when a homeowner sells his or her home to a third party for less than the total debt remaining on the mortgage loan. With a short sale, the bank agrees to accept the proceeds from the sale in exchange for releasing the lien on the property.

The bank’s loss mitigation department must approve the short sale before the transaction can be completed. (The process of finding a way to avoid foreclosure is called “loss mitigation.”) To get approval for a short sale, the seller (the homeowner) must contact the loan servicer—the company that manages the loan account—to ask for a loss mitigation application. The homeowner then must send the servicer a complete application, which usually includes:
• a financial statement, in the form of a questionnaire, that provides detailed information regarding monthly income and expenses
• proof of income, if applicable
• most recent tax returns
• bank statements (usually two recent statements for all accounts), and
• a hardship affidavit or statement.
• The purchase offer. A short sale application will also most likely require that you include an offer from a potential purchaser. Banks often insist that there be an offer on the table before they will consider a short sale, but not always.

• A second mortgage holder must agree to the short sale. If there is more than one mortgage on the property, both mortgage holders must consent to the short sale. The first mortgage holder will offer a certain amount from the short sale proceeds to second mortgage holder to release their lien, but the second mortgage holder can refuse to accept the amount and kill the deal.

Deficiency Judgments Following Short Sales

Many homeowners who complete a short sale will face a deficiency judgment, though a few states disallow them after this kind of transaction. The difference between the total debt and the sale price is called a “deficiency.” For example, say your bank gives you permission to sell your property for $200,000, but you owe $250,000. The deficiency is $50,000. In many states, the bank can seek a personal judgment against you after the short sale to recover the deficiency amount.

While many states have enacted legislation that prohibits a deficiency judgment following a foreclosure, most states do not have a corresponding law that would prevent a deficiency judgment following a short sale.
How to avoid a deficiency with a short sale
To ensure that the bank can’t get a deficiency judgment against you following a short sale, the short sale agreement must expressly state that the transaction is in full satisfaction of the debt and that the bank waives its right to the deficiency.

If the bank forgives some or all of the deficiency and issues you a IRS Form 1099-C, you might have to include the forgiven debt as taxable income.
When It Might Be a Good Idea to Let a Foreclosure Happen and Other Issues to Consider

In some states, a bank can get a deficiency judgment against a homeowner as part of a foreclosure or thereafter by filing a separate lawsuit. In other states, state law prevents a bank from getting a deficiency judgment following a foreclosure. If the bank can’t get a deficiency judgment against you after a foreclosure, you might be better off letting a foreclosure happen rather than doing a short sale or deed in lieu of foreclosure that leaves you on the hook for a deficiency. For specific advice about what to do in your particular situation, talk to a local foreclosure attorney. Also, you should take into consideration how long it will take to get a new mortgage after a short sale or deed in lieu versus a foreclosure. Fannie Mae, for instance, will buy loans made two years after a short sale or deed in lieu if there are extenuating circumstances, like divorce, medical bills, or a job layoff that caused you economic difficulty, compared to a three-year wait after a foreclosure. (Without extenuating circumstances, the waiting period for a Fannie Mae loan is seven years after a foreclosure or four years after a short sale or deed in lieu.) On the other hand, the Federal Housing Authority (FHA) treats foreclosures, short sales, and deeds in lieu the same, usually making its home loan insurance available after three years.

Deeds in Lieu of Foreclosure

Another way to avoid a foreclosure is by completing a deed in lieu of foreclosure. A deed in lieu of foreclosure is a transaction in which the homeowner voluntarily transfers title to the property to the bank in exchange for a release from the mortgage obligation. Generally, the bank will only approve a deed in lieu of foreclosure if there aren’t any other liens on the property.

You Might Want to Complete a Deed in Lieu of Foreclosure

Because the difference in how a foreclosure or deed in lieu affects your credit is minimal, it might not be worth completing a deed in lieu unless the bank agrees to:
• forgive or reduce the deficiency
• give you some cash as part of the deal, or
• give you some additional time to live in the home (longer than what you’d get if you let the foreclosure go through).
Banks sometimes agree to these terms to avoid the expense and hassle of foreclosing.
If you have a lot of equity in the property, however, a deed in lieu is usually not a good way to go. In most cases, you’ll be better off by selling the home and paying of the debt. If a foreclosure is imminent and you don’t have much time to sell, you might consider filing for Chapter 13 bankruptcy with a plan to sell your property.

Just like with a short sale, the first step in obtaining a deed in lieu of foreclosure is for the borrower to contact the servicer and request a loss mitigation application. As with a short sale request, the application will need to be filled out and submitted along with documentation about income and expenses. The bank might require that you try to sell your home before it will consider accepting a deed in lieu, and require a copy of the listing agreement as proof that this has been done.

Deed in Lieu of Foreclosure Documents

If approved for a deed in lieu of foreclosure, the bank will send you documents to sign. You will receive:
• a deed that transfers ownership of the property to the bank, and
• an estoppel affidavit. (Sometimes there might be a separate deed in lieu agreement.)
The estoppel affidavit sets out the terms of the agreement and will include a provision that you are acting freely and voluntarily. It might also include provisions addressing whether the transaction is in full satisfaction of the debt or whether the bank has the right to seek a deficiency judgment.
Deficiency Judgments Following a Deed in Lieu of Foreclosure
With a deed in lieu of foreclosure, the deficiency amount is the difference between the fair market value of the property and the total debt. In most cases, completing a deed in lieu will release the borrowers from all obligations and liability under the mortgage, but not always.

Anti-deficiency laws

Most states don’t have a law that prevents a bank from obtaining a deficiency judgment following a deed in lieu of foreclosure. Washington, however, is one state that does prohibit a bank from getting a deficiency judgment after a deed in lieu. So, the bank might try to hold you liable for a deficiency following the transaction. If the bank wants to preserve its right to seek a deficiency judgment, it generally must clearly state in the transaction documents that a balance remains after the deed in lieu, and it must include the amount of the deficiency.
How to avoid a deficiency with a deed in lieu of foreclosure
To avoid a deficiency judgment with a deed in lieu of foreclosure, the agreement must expressly state that the transaction is in full satisfaction of the debt. If the deed in lieu of foreclosure agreement does not contain this provision, the bank might file a lawsuit to obtain a deficiency judgment. Again, you might have tax liability for any forgiven debt.

The process for completing a deed in lieu will vary somewhat depending on who your loan servicer is and who the lender (or current owner of your loan, called an “investor”) is. Generally, you’ll have to try to sell the property for at least 90 days at fair market value before the lender will consent to accepting a deed in lieu. Also, you usually must have clear title, which means there can’t be other liens on the property. You might have to provide details about your finances and show that the home won’t sell for what’s owed. As part of the deal, the homeowner usually agrees to vacate the home, leaving it in good (“broom swept”) condition, and sign over ownership to the lender. In some cases, the borrower will have to submit an affidavit indicating that the process was voluntary. In some cases, the lender will allow the homeowner to rent the home even after turning over the deed. Fannie Mae, for example, offers this option to borrowers who have Fannie Mae loans. Also, in some cases, the departing homeowner will receive relocation money after completing a deed in lieu.

Call A Foreclosure Lawyer

Some people think that completing a deed in lieu will cause less damage to their credit score than a foreclosure. But the difference in how a foreclosure or deed in lieu affects your credit is minimal. For this reason, it might not be worth doing a deed in lieu unless the lender agrees to forgive or reduce the deficiency, you get some cash as part of the deal, or you get some extra time to live in the home (longer than what you’d get if you let the foreclosure go through). In some cases, the lender will agree to one or more of these conditions to avoid the expense and hassle of foreclosing. Also, you should take into consideration how long it will take to get a new mortgage after a deed in lieu versus a foreclosure. Fannie Mae, for instance, will buy loans made two years after a deed in lieu if there are extenuating circumstances, like divorce, medical bills, or a job layoff that caused you economic difficulty, compared to a three-year wait after a foreclosure. (Without extenuating circumstances, the waiting period for a Fannie Mae loan is seven years after a foreclosure or four years after a deed in lieu.) On the other hand, the Federal Housing Authority (FHA) treats foreclosures, short sales, and deeds in lieu the same, usually making its home loan insurance available after three years. If you have a lot of equity in the property, however, a deed in lieu is usually a poor choice. You’d be better off by selling the property and paying of the debt. If you don’t have a lot of time and a foreclosure is imminent, you might consider filing for Chapter 13 bankruptcy with a plan to sell your home.

With a deed in lieu, the homeowner may negotiate what will happen to the deficiency, if one exists. Because a deed in lieu is a voluntary agreement between you and the lender, it’s possible to negotiate a deal in which:
• the lender agrees not to pursue a deficiency judgment
• you agree pay part of the deficiency, or
• you agree to repay the deficit over time.
Be aware that, if the lender forgives all or part of the deficiency, you might face tax consequences.
Should You Let the Foreclosure Go Through?
In some states, a bank can get a deficiency judgment against a homeowner as part of a foreclosure or thereafter by filing a separate lawsuit. In other states, an anti-deficiency law prevents a bank from getting a deficiency judgment following a foreclosure. If the bank can’t get a deficiency judgment against you after a foreclosure, you might be better off letting a foreclosure happen rather than agreeing to a deed in lieu of foreclosure that leaves you responsible for all or a portion of a deficiency. (For specific advice about what to do in your particular situation, talk to a local foreclosure attorney.)

If you’re considering completing a deed in lieu, consider talking to a lawyer. Many different foreclosure avoidance options exist, including loan modifications and short sales, and some options might be better than others, especially for specific situations. To find out if a deed in lieu might be right for you or to explore other possible options, contact a lawyer.

Avoiding a Deficiency Judgment

In some states, lenders have the right to sue borrowers for deficiencies after a foreclosure or a deed in lieu of foreclosure. A deficiency is the difference between the amount you owe on your mortgage loan and the price your lender gets for your home when it sells at a foreclosure sale. In other words, if you owe your mortgage lender $300,000 on your house and you default, and the foreclosure sale brings in just $250,000, the deficiency is $50,000. If permitted by state law, the lender can sue you for the $50,000 and get a deficiency judgment—even though it already took the house. With a deed in lieu of foreclosure, the deficiency is the difference between the total debt and the fair market value of the house. As part of the deed in lieu of foreclosure negotiations, you should get your lender to agree to release you from having to repay any deficiency, perhaps in exchange for your agreeing to deliver the house to your lender in good condition. Make sure to get the deficiency waiver in writing. Though, if the lender forgives all or part of the deficiency, you could face tax consequences.

Know Your Options

If you are a distressed homeowner who’s facing a foreclosure, knowing your options is very important. As soon as you realize that you’re in financial distress, call your servicer’s loss mitigation department to find out what alternatives to foreclosure—such as a refinance, loan modification, short sale, or deed in lieu of foreclosure—are available to you. (The servicer is the company that manages your loan account on behalf of the lender. Servicers process borrower payments, manage escrow accounts, and pursue foreclosure for defaulted loans.) You have nothing to lose by calling the servicer and the call might make a huge difference. You will typically be provided a packet of information and documents to complete. If you don’t understand the contents of any of these documents, ask for help, either from an attorney or a free HUD-certified housing counselor. While the foreclosure process can be scary, you have some choice in the matter.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Utah Divorce Code 30-3-34.5

Utah Code 30-3-34.5: Supervised Parent-Time

1. Considering the fundamental liberty interests of parents and children, it is the policy of this state that divorcing parents have unrestricted and unsupervised access to their children. When necessary to protect a child and no less restrictive means is reasonably available however, a court may order supervised parent-time if the court finds evidence that the child would be subject to physical or emotional harm or child abuse, as described in Section 76-5-109, from the noncustodial parent if left unsupervised with the noncustodial parent.

2. A court that orders supervised parent-time shall give preference to persons suggested by the parties to supervise, including relatives. If the court finds that the persons suggested by the parties are willing to supervise, and are capable of protecting the children from physical or emotional harm, or child abuse, the court shall authorize the persons to supervise parent-time.
3. If the court is unable to authorize any persons to supervise parent-time pursuant to Subsection (2), the court may require that the noncustodial parent seek the services of a professional individual or agency to exercise their supervised parent-time.
4. At the time supervised parent-time is imposed, the court shall consider:
a. whether the cost of professional or agency services is likely to prevent the noncustodial parent from exercising parent-time; and
b. whether the requirement for supervised parent-time should expire after a set period of time.
5. The court shall, in its order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted. The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time.
6. A noncustodial parent may, at any time, petition the court to modify the order for supervised parent-time if the noncustodial parent can demonstrate that the specific goals and expectations set by the court in Subsection (5) have been accomplished.

How Supervised Visitation Works for Families

Supervised visitation is when a parent is only allowed to visit with their child under the supervision of another individual, such as a family member or a social worker. The visit may take place at the parent’s home or in a designated visitation facility, such as a child care center. Judges typically order supervised visitation when the visiting parent’s fitness is in question, such as in the event of prior alcohol or substance misuse, or if there have been allegations of abuse or domestic violence. The purpose of supervised visitation is to ensure that parents have an opportunity to maintain contact with their children in a structured environment that is both safe and comfortable for the child.

How Supervised Visits Work

Typically, the visiting parent will need to report to the designated visitation center to visit with the child, or the judge will arrange for the child to be delivered to the parent’s home. In both cases, the judge will specify who is to supervise the sessions. Many times, a counselor or social worker supervises contact and ensures that the parent visits with the child in a controlled setting.

For How Long Are Supervised Visits Typically Ordered?

A judge may order supervised visitation temporarily or indefinitely. If there are allegations of abuse or domestic violence, a judge may order that visitation with the accused parent be supervised until the allegations are fully investigated. Judges take allegations of abuse or violence seriously and will investigate these allegations fully. If a judge has already determined that a parent is not fit for custody, the judge can still allow visitation on an ongoing basis, but require that the visitation is supervised in a controlled setting. In these cases, visitation will remain supervised until the parent can demonstrate that there has been a change in circumstances, such as attendance in a drug rehabilitation program, which impacts the parent’s fitness.

Do Parents Have to Return to Court to Change the Order or Does It Expire?
Once a judge has determined custody and visitation through a court order, the order remains in place until a parent can demonstrate that there has been a change in circumstances. A change in circumstances can be one parent’s decision to move, a parent’s successful completion of rehabilitation or counseling, or other changes that impact a parent’s suitability. The parent who wishes to change the court order must return to court and request that the agreement is modified to reflect the change in circumstances.

What Else Should Parents Know?

Parents should understand that supervised visitation is designed to protect the safety of children, while also allowing parents to maintain contact with their children. If you are a parent whose visitation is supervised, consider how you can demonstrate your fitness to a judge. If the other parent has accused you of abuse or domestic violence, you should cooperate with any investigation ordered by the judge. In addition, if you are a parent who is worried about the safety of your child in the presence of the other parent, you should inform the judge of this immediately.

Supervised Visitation

Supervised visitation is when the non-custodial parent can visit with the child only when supervised by another adult. It is used to keep the child safe, while supporting the parent–child relationship. Supervised visitation is different from supervised exchanges, which protect parents from each other and prevent the child from witnessing conflict. If supervised visitation is necessary, the court will order it and it will be part of the parenting plan. The parents may also need to make a visitation schedule so that the supervised visits can happen.

When Supervised Visitation Is Necessary

Supervised visitation may be necessary when:
• There has been physical, sexual, or emotional abuse of the child by a parent
• There has been physical, sexual, or emotional abuse of one parent by the other parent
• A parent has a substance abuse problem
• A parent has an uncontrolled mental illness that poses harm to the child
• There is risk of kidnapping or abduction by one of the parents
• A parent has neglected the child
• A parent has been absent from the child’s life and wants to start a relationship with the child
• There have been any potentially dangerous family situations
Often, supervised visitation is a temporary arrangement that can lead to unsupervised visitation if the non-custodial parent meets certain requirements. For example, the non-custodial parent may need to have six months of clean drug tests, seek counseling, or complete an anger management class in order to be awarded unsupervised visits.

In Utah, parents who are no longer married or not living together share parenting of their minor children. Sometimes they share equally and sometimes disproportionately with one of the parents possibly due to work schedules or maybe, because one parent is not as involved with the minor children as the other parent. Typically, each parent makes day-to-day decisions while he or she is exercising parenting time. However, there are times when a parent may feel that supervised parenting time is necessary. This is unusual, and results from Utah law seeking to protect minor children. In such situations, the Court may issue temporary or permanent orders which will require a third party (usually a mental health professional or social worker but could be a family member) to monitor the interaction between a parent and minor child during parenting time. The supervisor maintains a record of what transpired during the parenting time and submits reports. These reports are often valuable in evaluating the ongoing need for supervision. Most commonly, requests for supervised visitation occur in the context of allegations of drug abuse, alcoholism, severe mental illness, and/or physical or sexual abuse. Domestic violence in relation to others may not be a basis for requiring supervision. The need for supervision is focused on the protection of the minor child. The party believing that supervision is necessary must file a petition seeking supervision, either on a temporary or permanent basis. In order to prevail, it must be shown that the minor child needs the protection and the evidence supporting this extraordinary relief is often police reports or medical records supporting the argument that the parent has a drug or alcohol history, mental illness or abuse has occurred. Supervision may be a useful tool where a parent has had no (or limited) contact with the minor child for an extended period and either the minor child or parent feels more comfortable with a neutral third present to assist with reunification. There are several pitfalls in seeking supervised parenting time if it is a tactic to paint the other parent as “bad”. First, there is the emotional harm that may occur to the minor child. Second, the courts will see through thinly veiled attempts to discredit the other parent (where no basis exists). And third, our statutes require that the Court consider which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. Obviously, seeking supervision where no basis exists reflects poorly on the party seeking supervision. Supervised parenting time is an important tool to protect children that may be harmed. But using this tool without justification is risky to both parents and the child. Supervision should not be used as a litigation tactic. It should be used only where absolutely necessary to protect a child.

When Is Supervised Visitation Necessary?

Anytime a judge thinks that a parent might not be able to provide safe supervision for their child, supervised visitation might be ordered. The main priority in any child custody case is meeting the needs of the child. While in most cases, it is beneficial for a child to spend time with their non-custodial parent, the physical and emotional safety of the child must always be considered. So in certain cases, in order to ensure that the child is safe, visitation might need to be supervised.

There are several types of situations that might warrant supervised visitation. They include (but are not limited to)

• A history of child abuse: In some cases of child abuse, the parent will not be able to have contact with the child at all. In other cases, however, supervised visitation might be an option.
• A history of domestic violence: If one parent has physically abused the other parent or someone else in the household, they might be ordered to have only supervised visits with the child. This is the case even if the parent never abused the child at all.
• A substance abuse issue: A parent who is currently struggling with an addiction to any type of substance (generally drugs or alcohol) is not usually able to provide a safe place for their child and will often be offered only supervised visits.
• A history of neglect or abandonment: If a parent has neglected their child or who has abandoned him or her, supervised visits are often advised to be sure the child is both physically and emotionally safe.
• Severe mental illness or mental disability: If a parent is not mentally stable, they might require supervised visits to be sure that the child is safe.

• The threat of child abduction: A parent who has attempted to or threatened to abduct the child or keep them from their other parent might find that they are no longer allowed to have unsupervised visitation.

What Can I Do If I Don’t Think My Child Is Safe?

If you are afraid that your child is unsafe while in the care of his or her other parent, it is important to contact the court and let them know. A guardian ad litem (GAL) might be assigned to your case. This is an individual who will be assessing both your interactions and your ex’s interactions with the child. He or she might interview others who know one or both of you, as well. In an emergency situation, such as if your child’s other parent has abused your child; you should call the police to file a report. They will contact the Department of Children and Families (or the equivalent agency in your state). You can also contact the agency yourself. Once this is done, both parents will be investigated and the agency can go back to the court to have the custody agreement modified if necessary. A lawyer or a legal resource group like National Family Solutions can help you determine what to do and what agencies you need to help you keep your child safe.

What Can I Do If My Visits Are Supervised?

If you have been assigned only supervised visits with your child, attend your visitation as ordered. Show up each time, barring illness or extenuating circumstances. The most important thing is that you continue to create a bond with your child, and having supervised visits will allow that to happen. Sometimes, supervised visits will be permanent. In this case, look forward to your visits and be creative when it comes to making plans with your child. If allowed, you can ask the social worker to supervise your visits while you take your child to get ice cream or even to go somewhere like a zoo. If that is not allowed or you are not able to do that, play new games and think of fun and inexpensive crafts and other activities the two of you can enjoy together. In other cases, you might be able to one day have unsupervised visits. For this to happen, you will need to follow a plan given to you by a judge. You might need to show that you have not used substances in the last 60 days, for example, or you might need to find a new apartment in a safer area. If you have abused your child, you might need to complete an anger management program. Do whatever you need to in order to gain unsupervised visits, if possible.

Terms Used In Utah Code 30-3-34.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States.

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