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Custody Motion Drafting Guide
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The conversation covers drafting a custody motion in Utah, organizing evidence for a collections case, presenting evidence in court, handling cross-examination, preparing witnesses, sending disclosures, and contesting balance billing claims. It provides detailed steps for each process, emphasizing the importance of proper documentation and organization.Full Conversation
can you help me draft a custody motion in the state of utah for my granddaughter who is has level * autism and cvi her mother is my daughter and is willing to give up her parental rights
Hi ****,
I can provide some general guidance on drafting a custody motion in Utah. Here are the steps you might consider:
I can provide some general guidance on drafting a custody motion in Utah. Here are the steps you might consider:
Custody Motion Steps:
*. **Title and Introduction:**
- Title the document as "Motion for Custody of [Child's Full Name]."
- Include your name and relationship to the child.
*. **Jurisdiction:**
- State that the motion is being filed in the appropriate Utah court.
*. **Facts:**
- Provide details about the child's condition (Level * autism and CVI).
- Explain the current living situation and why custody change is in the child's best interest.
*. **Parental Consent:**
- Mention that the mother, your daughter, is willing to give up her parental rights.
*. **Best Interest of the Child:**
- Highlight why you are the best guardian for the child.
- Include information on your ability to care for the child’s special needs.
*. **Relief Sought:**
- Clearly state what you are asking the court to grant (e.g., full custody).
*. **Title and Introduction:**
- Title the document as "Motion for Custody of [Child's Full Name]."
- Include your name and relationship to the child.
*. **Jurisdiction:**
- State that the motion is being filed in the appropriate Utah court.
*. **Facts:**
- Provide details about the child's condition (Level * autism and CVI).
- Explain the current living situation and why custody change is in the child's best interest.
*. **Parental Consent:**
- Mention that the mother, your daughter, is willing to give up her parental rights.
*. **Best Interest of the Child:**
- Highlight why you are the best guardian for the child.
- Include information on your ability to care for the child’s special needs.
*. **Relief Sought:**
- Clearly state what you are asking the court to grant (e.g., full custody).
Example:
```
MOTION FOR CUSTODY OF [GRANDDAUGHTER'S NAME]
I, **** Drap
```
MOTION FOR CUSTODY OF [GRANDDAUGHTER'S NAME]
I, **** Drap
what evidence do i need to submit in discovery for a collections case for a medical bill that was paid in partial by insurance and paid by me the company is NRA inc their discovery is a paper signed on a different day then the day they are suing for and a print out of a couple of amounts they claim was demanded for payment
For a collections case involving a medical bill, you may need to submit the following evidence during discovery:
- **Proof of Partial Payment:** Receipts or bank statements showing payments made by you and the insurance company.
- **Correspondence:** Any letters or emails between you and the collection agency or medical provider.
- **Insurance Statements:** Explanation of Benefits (EOB) from the insurance company.
- **Medical Bills:** Original and updated bills from the medical provider.
- **Discrepancies:** Highlight the differences between the signed document and the date they are suing for.
Would you like further information on how to organize this evidence for your case?
- **Proof of Partial Payment:** Receipts or bank statements showing payments made by you and the insurance company.
- **Correspondence:** Any letters or emails between you and the collection agency or medical provider.
- **Insurance Statements:** Explanation of Benefits (EOB) from the insurance company.
- **Medical Bills:** Original and updated bills from the medical provider.
- **Discrepancies:** Highlight the differences between the signed document and the date they are suing for.
Would you like further information on how to organize this evidence for your case?
yes please
Here’s how to organize your evidence for a collections case:
*. **Proof of Partial Payment:**
- Group your receipts and bank statements chronologically.
- Highlight payments made by both you and the insurance company.
*. **Correspondence:**
- Organize letters and emails by date.
- Make notes of key points or agreements in the correspondence.
*. **Insurance Statements:**
- Collect all Explanation of Benefits (EOB) documents.
- Match EOBs with the corresponding payments.
*. **Medical Bills:**
- Keep original and updated bills.
- Note any discrepancies between the original and updated versions.
*. **Discrepancies:**
- Clearly mark differences between the signed document and the date they are suing for.
- Use annotations or a separate note to explain these discrepancies.
Phone: (*) *-*
Address: * West Tabernacle, Suite *, St. George, UT *
Website: www.utcourts.gov
Would you like guidance on how to present this organized evidence in court?
*. **Proof of Partial Payment:**
- Group your receipts and bank statements chronologically.
- Highlight payments made by both you and the insurance company.
*. **Correspondence:**
- Organize letters and emails by date.
- Make notes of key points or agreements in the correspondence.
*. **Insurance Statements:**
- Collect all Explanation of Benefits (EOB) documents.
- Match EOBs with the corresponding payments.
*. **Medical Bills:**
- Keep original and updated bills.
- Note any discrepancies between the original and updated versions.
*. **Discrepancies:**
- Clearly mark differences between the signed document and the date they are suing for.
- Use annotations or a separate note to explain these discrepancies.
Utah Fifth District Court
Phone: (*) *-*
Address: * West Tabernacle, Suite *, St. George, UT *
Website: www.utcourts.gov
Would you like guidance on how to present this organized evidence in court?
yes
To present your organized evidence in court, follow these steps:
*. **Label and Index:**
- Create a table of contents for your evidence.
- Label each piece of evidence with a corresponding number or letter.
*. **Prepare Copies:**
- Make three copies of all documents: one for the court, one for the opposing party, and one for yourself.
*. **Binder or Folder:**
- Use a binder or folder to keep documents organized and easily accessible.
*. **Highlight Key Points:**
- Use sticky notes or highlights to mark important sections in your documents.
*. **Practice Presentation:**
- Be ready to explain each piece of evidence and how it supports your case.
Would you like tips on what to expect during the court hearing?
*. **Label and Index:**
- Create a table of contents for your evidence.
- Label each piece of evidence with a corresponding number or letter.
*. **Prepare Copies:**
- Make three copies of all documents: one for the court, one for the opposing party, and one for yourself.
*. **Binder or Folder:**
- Use a binder or folder to keep documents organized and easily accessible.
*. **Highlight Key Points:**
- Use sticky notes or highlights to mark important sections in your documents.
*. **Practice Presentation:**
- Be ready to explain each piece of evidence and how it supports your case.
Would you like tips on what to expect during the court hearing?
yes
During the court hearing, here’s what you can expect:
*. **Opening Statements:**
- Be prepared to give a brief summary of your case and what you aim to prove.
*. **Presenting Evidence:**
- Introduce your labeled and indexed evidence.
- Explain the relevance of each piece of evidence.
*. **Witness Testimony:**
- If applicable, provide witnesses who can support your claims.
*. **Cross-Examination:**
- Be ready for the opposing party to question your evidence and witnesses.
*. **Closing Arguments:**
- Summarize your case and reinforce key points from the evidence presented.
Would you like more information on how to handle cross-examination?
*. **Opening Statements:**
- Be prepared to give a brief summary of your case and what you aim to prove.
*. **Presenting Evidence:**
- Introduce your labeled and indexed evidence.
- Explain the relevance of each piece of evidence.
*. **Witness Testimony:**
- If applicable, provide witnesses who can support your claims.
*. **Cross-Examination:**
- Be ready for the opposing party to question your evidence and witnesses.
*. **Closing Arguments:**
- Summarize your case and reinforce key points from the evidence presented.
Would you like more information on how to handle cross-examination?
yes
During cross-examination, consider these tips:
*. **Stay Calm:**
- Remain composed and polite, even if questioned aggressively.
*. **Answer Clearly:**
- Respond to questions directly and succinctly.
*. **Know Your Evidence:**
- Be familiar with your documents to confidently refer to them.
*. **Avoid Speculation:**
- Only speak to facts you know; do not guess or assume.
*. **Ask for Clarification:**
- If a question is unclear, request the opposing party to rephrase it.
Would you like guidance on how to prepare your witnesses for cross-examination?
*. **Stay Calm:**
- Remain composed and polite, even if questioned aggressively.
*. **Answer Clearly:**
- Respond to questions directly and succinctly.
*. **Know Your Evidence:**
- Be familiar with your documents to confidently refer to them.
*. **Avoid Speculation:**
- Only speak to facts you know; do not guess or assume.
*. **Ask for Clarification:**
- If a question is unclear, request the opposing party to rephrase it.
Would you like guidance on how to prepare your witnesses for cross-examination?
yes
To prepare your witnesses for cross-examination, consider these steps:
*. **Brief Your Witnesses**:
- Explain the process and what to expect during cross-examination.
*. **Review Key Points**:
- Go over the main points they need to emphasize.
*. **Practice Questions**:
- Conduct mock cross-examinations to practice answering questions.
*. **Stay Focused**:
- Advise them to listen carefully and answer only the question asked.
*. **Stay Composed**:
- Encourage them to remain calm and collected, even under pressure.
Would you like more details on any specific aspect of witness preparation?
*. **Brief Your Witnesses**:
- Explain the process and what to expect during cross-examination.
*. **Review Key Points**:
- Go over the main points they need to emphasize.
*. **Practice Questions**:
- Conduct mock cross-examinations to practice answering questions.
*. **Stay Focused**:
- Advise them to listen carefully and answer only the question asked.
*. **Stay Composed**:
- Encourage them to remain calm and collected, even under pressure.
Would you like more details on any specific aspect of witness preparation?
i need more information on how to send my disclosures
To send your disclosures in Utah, follow these steps:
*. **Compile Information:**
- Ensure all required documents are gathered and organized.
*. **Serve the Opposing Party:**
- Send a copy of your disclosure documents to the opposing party via mail or in person, and ensure you keep proof of service.
*. **File with the Court:**
- File the original disclosure documents with the court, including a Certificate of Service showing when and how the opposing party was served.
*. **Meet Deadlines:**
- Adhere to any court deadlines for submitting disclosures.
Would you like more details on how to file with the court?
*. **Compile Information:**
- Ensure all required documents are gathered and organized.
*. **Serve the Opposing Party:**
- Send a copy of your disclosure documents to the opposing party via mail or in person, and ensure you keep proof of service.
*. **File with the Court:**
- File the original disclosure documents with the court, including a Certificate of Service showing when and how the opposing party was served.
*. **Meet Deadlines:**
- Adhere to any court deadlines for submitting disclosures.
Would you like more details on how to file with the court?
yes
To file your disclosures with the court in Utah, follow these steps:
*. **Prepare Documents:**
- Ensure all disclosure documents are complete and include a Certificate of Service.
*. **Fill Out Forms:**
- Complete any required court forms related to disclosures.
*. **Submit to Court:**
- File the original documents with the court clerk in person or via mail.
*. **Confirmation:**
- Obtain a stamped copy or receipt from the court as proof of filing.
Would you like information on finding the appropriate court forms?
*. **Prepare Documents:**
- Ensure all disclosure documents are complete and include a Certificate of Service.
*. **Fill Out Forms:**
- Complete any required court forms related to disclosures.
*. **Submit to Court:**
- File the original documents with the court clerk in person or via mail.
*. **Confirmation:**
- Obtain a stamped copy or receipt from the court as proof of filing.
Would you like information on finding the appropriate court forms?
yes
To find the appropriate court forms in Utah, follow these steps:
*. **Visit the Utah Courts Website:**
- Access the Utah State Courts website: [www.utcourts.gov](http://www.utcourts.gov).
*. **Navigate to Forms:**
- Go to the "Self-Help Resources" section and select "Court Forms."
*. **Select the Relevant Category:**
- Choose the category that matches your case type (e.g., “Civil,” “Family Law,” etc.).
*. **Download and Complete Forms:**
- Download the necessary forms and fill them out as required.
Is there any other assistance you need regarding this process?
*. **Visit the Utah Courts Website:**
- Access the Utah State Courts website: [www.utcourts.gov](http://www.utcourts.gov).
*. **Navigate to Forms:**
- Go to the "Self-Help Resources" section and select "Court Forms."
*. **Select the Relevant Category:**
- Choose the category that matches your case type (e.g., “Civil,” “Family Law,” etc.).
*. **Download and Complete Forms:**
- Download the necessary forms and fill them out as required.
Is there any other assistance you need regarding this process?
how can i present the argument that they are trying to balance bill as i do not have record of an appointment for the day they are claiming i owe for and they only thing they have is a computer generation of some random numbers and no signed contact for that day and the amount is slightly off from the insurance discounts
To present the argument that they are trying to balance bill without proper documentation, consider the following points:
- **Lack of Documentation:** Emphasize that there is no record of an appointment on the claimed date.
- **Computer-Generated Data:** Argue that the numbers provided are not backed by actual documentation or a signed contract.
- **Discrepancies:** Highlight the differences between the claimed amount and the insurance discounts.
Would you like assistance in drafting this argument formally?
- **Lack of Documentation:** Emphasize that there is no record of an appointment on the claimed date.
- **Computer-Generated Data:** Argue that the numbers provided are not backed by actual documentation or a signed contract.
- **Discrepancies:** Highlight the differences between the claimed amount and the insurance discounts.
Would you like assistance in drafting this argument formally?
yes
To formally draft your argument against the balance billing claim, consider the following structure:
*. **Introduction:**
- State your name and the purpose of the document (to contest the balance billing claim).
*. **Lack of Documentation:**
- Clearly state that there is no record of an appointment on the date they are claiming.
- Mention that the only evidence they have provided is a computer-generated document without supporting records.
*. **Computer-Generated Data:**
- Argue that the numbers presented are not backed by any actual documentation or a signed contract for the claimed date.
- Point out that such data lacks legitimacy without proper supporting evidence.
*. **Discrepancies:**
- Highlight the differences between the claimed amount and the insurance discounts.
- Emphasize that the amount they are suing for does not match the insurance-adjusted amounts.
*. **Conclusion:**
- Summarize your points, stating that due to the lack of proper documentation, the computer-generated data, and discrepancies in the amounts, the balance billing claim should be dismissed.
*. **Introduction:**
- State your name and the purpose of the document (to contest the balance billing claim).
*. **Lack of Documentation:**
- Clearly state that there is no record of an appointment on the date they are claiming.
- Mention that the only evidence they have provided is a computer-generated document without supporting records.
*. **Computer-Generated Data:**
- Argue that the numbers presented are not backed by any actual documentation or a signed contract for the claimed date.
- Point out that such data lacks legitimacy without proper supporting evidence.
*. **Discrepancies:**
- Highlight the differences between the claimed amount and the insurance discounts.
- Emphasize that the amount they are suing for does not match the insurance-adjusted amounts.
*. **Conclusion:**
- Summarize your points, stating that due to the lack of proper documentation, the computer-generated data, and discrepancies in the amounts, the balance billing claim should be dismissed.
~Utah Fifth District Court
Phone: (*) *-*
Address: * West Tabernacle, Suite *, St.
Phone: (*) *-*
Address: * West Tabernacle, Suite *, St.
do i state this with my discloures
In Utah, you can include your argument against the balance billing claim within your disclosures. Here's a concise outline on how to do it:
*. **Introduction:**
- State your purpose to contest the balance billing claim.
*. **Lack of Documentation:**
- Mention there is no record of an appointment on the claimed date.
- Note that only a computer-generated document without supporting records was provided.
*. **Computer-Generated Data:**
- Argue that the numbers are not backed by any actual documentation or a signed contract for the claimed date.
- Indicate that such data lacks legitimacy without proper supporting evidence.
*. **Discrepancies:**
- Highlight the differences between the claimed amount and the insurance discounts.
- Emphasize that the amount they are suing for does not match the insurance-adjusted amounts.
*. **Conclusion:**
- Summarize your points, stating that due to the lack of proper documentation, computer-generated data, and discrepancies in amounts, the balance billing claim should be dismissed.
Would you like more details on any specific part of this process?
*. **Introduction:**
- State your purpose to contest the balance billing claim.
*. **Lack of Documentation:**
- Mention there is no record of an appointment on the claimed date.
- Note that only a computer-generated document without supporting records was provided.
*. **Computer-Generated Data:**
- Argue that the numbers are not backed by any actual documentation or a signed contract for the claimed date.
- Indicate that such data lacks legitimacy without proper supporting evidence.
*. **Discrepancies:**
- Highlight the differences between the claimed amount and the insurance discounts.
- Emphasize that the amount they are suing for does not match the insurance-adjusted amounts.
*. **Conclusion:**
- Summarize your points, stating that due to the lack of proper documentation, computer-generated data, and discrepancies in amounts, the balance billing claim should be dismissed.
Would you like more details on any specific part of this process?
they are not claiming balance billing im saying they are trying to balance bill me when it clearly states on the bottom of the insurance claim by the insurance company "do not balance bill
To address the issue that they are trying to balance bill you despite the insurance claim stating "do not balance bill," consider the following steps:
*. **Introduction:**
- State your purpose to contest the balance billing attempt.
*. **Insurance Claim Statement:**
- Quote the specific part of the insurance claim that states "do not balance bill."
*. **Lack of Appointment Record:**
- Mention there is no record of an appointment on the claimed date.
*. **Computer-Generated Data:**
- Argue that the numbers are not backed by any actual documentation or a signed contract for the claimed date.
*. **Discrepancies:**
- Highlight the differences between the claimed amount and the insurance discounts.
*. **Conclusion:**
- Summarize your points, stating that due to the insurance claim's explicit instruction, lack of proper documentation, computer-generated data, and discrepancies in amounts, the balance billing attempt should be dismissed.
Would you like more information on how to present this argument formally in court?
*. **Introduction:**
- State your purpose to contest the balance billing attempt.
*. **Insurance Claim Statement:**
- Quote the specific part of the insurance claim that states "do not balance bill."
*. **Lack of Appointment Record:**
- Mention there is no record of an appointment on the claimed date.
*. **Computer-Generated Data:**
- Argue that the numbers are not backed by any actual documentation or a signed contract for the claimed date.
*. **Discrepancies:**
- Highlight the differences between the claimed amount and the insurance discounts.
*. **Conclusion:**
- Summarize your points, stating that due to the insurance claim's explicit instruction, lack of proper documentation, computer-generated data, and discrepancies in amounts, the balance billing attempt should be dismissed.
Would you like more information on how to present this argument formally in court?