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Temp Orders (sole/physical) How long?

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Ohiogal

Queen Bee
She committed a crime

Under Utah Law 53A-2-201:

53A-2-201. Child's school district of residence -- Determination -- Responsibility for providing educational services.
(1) The school district of residence of a minor child whose custodial parent or legal guardian resides within Utah is:
(a) the school district in which the custodial parent or legal guardian resides; or
(b) the school district in which the child resides:
(i) while in the custody or under the supervision of a Utah state agency;
(ii) while under the supervision of a private or public agency which is in compliance with Section 62A-4a-606 and is authorized to provide child placement services by the state;
(iii) while living with a responsible adult resident of the district, if a determination has been made in accordance with rules of the district board of education that:
(A) the child's physical, mental, moral, or emotional health would best be served by considering the child to be a resident for school purposes;
(B) exigent circumstances exist which would not permit the case to be appropriately addressed under Section 53A-2-207; and
(C) considering the child to be a resident of the district under this subsection would not violate any other law or rule of the State Board of Education; or
(iv) if the child is married or has been determined to be an emancipated minor by a court of law or by a state administrative agency authorized to make that determination.
It continues but quite frankly unless the child is a resident in that school district, the child is enrolled illegally.

Also the next section 53A-2-202 states:

(10) (a) Intentional submission to a school district of fraudulent or misleading information under this part is punishable under Section 76-8-504.
(b) A school district which has reason to believe that a party has intentionally submitted false or misleading information under this part may, after notice and opportunity for the party to respond to the allegation:
(i) void any guardianship, authorization, or action which was based upon the false or misleading information; and
(ii) recover, from the party submitting the information, the full cost of any benefits received by the child on the basis of the false or misleading information, including tuition, fees, and other unpaid school charges, together with any related costs of recovery. (c) A student whose guardianship or enrollment has been terminated under this section may, upon payment of all applicable tuition and fees, continue in enrollment until the end of the school year unless excluded from attendance for cause.

Would you like to know what else can and will happen to you?
Here is the portion of the Utah Criminal code that applies:

Title 76 Utah Criminal Code
Chapter 8 Offenses Against the Administration of Government
Section 504 Written false statement.


76-8-504. Written false statement.
A person is guilty of a class B misdemeanor if:
(1) He makes a written false statement which he does not believe to be true on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or
(2) With intent to deceive a public servant in the performance of his official function, he:
(a) Makes any written false statement which he does not believe to be true; or
(b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or
(c) Submits or invites reliance on any writing which he knows to be lacking in authenticity; or
(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false.
(3) No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.

Class B misdemeanor. And it is too late to retract due to the fact that it would be exposed due to the pending court case.

A class B misdemeanor is as follows:


Title 76 Utah Criminal Code
Chapter 3 Punishments
Section 204 Misdemeanor conviction -- Term of imprisonment.


76-3-204. Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
(1) In the case of a class A misdemeanor, for a term not exceeding one year;
(2) In the case of a class B misdemeanor, for a term not exceeding six months;
(3) In the case of a class C misdemeanor, for a term not exceeding ninety days.

So if I were you I would ask your Attorney at law why they didn't inform you that you committed a crime. You had no right to continue your child in grandma's district when you don't live there anymore. You broke the law by doing so. YOu admitted that you don't live there still and she was registered in GRANDMA's school. Congrats. You have broken the law.
 


Ohiogal

Queen Bee
Thank you sirs.

I also believe that my 'Attorney at law' attorney would inform me if I committed 'fraud'. I am an honest person and I will handle repercussions if needed.

Including up to six months in jail (oh and by the way jail time will ensure that dad gets custody while you are in jail)?
 

Ohiogal

Queen Bee
Where is LdiJ? :-)

Right or wrong, I will deal with that issue in what ever way it comes to me to get it corrected. My attorney nor judge have never mentioned the word 'fraud' in my case.

Now back to the issue at hand.

I am sure the tax professional will be back to answer you shortly.

The other side can definitely make it an issue. They can just report you to the prosecutor and school district. You deal with your criminal ways. Wait for the tax professional to come back and advise you on the law.

ETA: What type of attorney is your attorney-at-law? Predominantly family law? School law? General practioner? Tax attorney?
 
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I am sure the tax professional will be back to answer you shortly.

The other side can definitely make it an issue. They can just report you to the prosecutor and school district. You deal with your criminal ways. Wait for the tax professional to come back and advise you on the law.

ETA: What type of attorney is your attorney-at-law? Predominantly family law? School law? General practioner? Tax attorney?

(I have two threads going-whew!)

I just posted on the other thread that father has claimed that my child has lived w/him since he's been back from Arizona on 2007. He also did not live in same district and did not change her school districts. I asked if this issue only applies to me? since he claims my child has lived with him since 07? Now, he recently moved into same apartments as his mother, has not changed her address to his. (or u can read the post on the other thread that we keep switching back and forth to)

Attorney is Family and Divorce. I don't know the proper attorney lingo. Why do you ask? Is there a specific type that would be more knowledgeable to my case?
 
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