Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…

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What to do when child won’t comply with the custody award?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…

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My spouse owes me child support, but we are both almost homeless.

How do I find assistance if I own a business with a spouse that owes money in child support, yet we are unable to support ourselves and at risk of…

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Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

2022 UT App 5  THE UTAH COURT OF APPEALS  CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee.  Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022  Third District Court, Salt…

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T.W. v. S.A. – 2021 UT App 132 – child custody

2021 UT App 132  THE UTAH COURT OF APPEALS  T.W., Appellant, v. S.A., Appellee.  Opinion  No. 20200397-CA  Filed November 26, 2021  Third District Court, West Jordan Department  The Honorable Dianna…

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Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS  GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee.  Opinion  No. 20200557-CA  Filed December 30, 2021  Seventh District Court, Moab Department  The Honorable Don Torgerson …

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In re J.P. – 2021 UT App 134 – termination of parental rights

2021 UT App 134  THE UTAH COURT OF APPEALS  STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE.  T.L., Appellant, v. STATE OF…

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The way UT courts conduct custody evaluations nowadays is indefensible

The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…

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Law from a legal assistant’s point of view, week 22: The Rule of Law

By Quinton Lister, legal assistant Rule of law. The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.  My time as a legal assistant for a divorce…

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What is a costly part of divorce that almost no one thinks of ahead of time?

Every aspect of divorce. Every single one.  Two cannot live separately and divorced for less than they did together.  Litigation is mind-bogglingly expensive and protracted.  Even an uncontested divorce can…

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What is a court order and its types?

Here’s the definition from Black’s Law Dictionary (11th ed. 2019):  order n. (16c) 1. A command, direction, or instruction. See MANDATE (1). 2. A written direction or command delivered by a government official, esp. a court or judge.…

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Erring on the side of caution is not merely cowardly, it is evil

Erring on the side of caution is not merely cowardly, not merely corrupt, it is evil.  We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than…

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Christmas/Winter Break for Parents Under the Utah Code

Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January…

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Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…

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I have no money and a non-cooperative ex, how do I get legal help?

How can I obtain assistance in a custody matter when I have no money and my ex-husband is not following the current court order?  In some jurisdictions there are legal…

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Law from a legal assistant’s point of view, week 15: Objections.

By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of…

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The Protective Order Deception

We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your…

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Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…

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How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work

Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint…

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When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its…

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McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

MCQUARRIE v. MCQUARRIE - 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5,…

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What happens to a child support order if both parents move out of the country?

Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…

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Can an unemployed alienated parent be forced to help pay for a car for the child?

First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of…

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Does a family court judge know when a parent is being malicious?

Rarely, and when the judge does know, it’s usually because the other parent’s malicious behavior is so way over the top as to be impossible to detect or ignore or…

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MacFarland v. MacFarland – 2021 UT App 58

021 UT App 58  THE UTAH COURT OF APPEALS  BRUCE RAY MCFARLAND, Appellant and Cross-appellee,  v.  NICOLE S. MCFARLAND, Appellee and Cross-appellant.  Opinion  No. 20190541-CA  Filed June 4, 2021  Second…

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Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…

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Ward v. McGarry – 2021 UT App 51

Ward v. McGarry - 2021 UT App 51  NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.   …

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After a divorce, should my kids be with me or with the mom?

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…

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I have custody of my child. He’s refusing to come home. What now?

I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…

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Child refuses to leave noncustodial parent’s house. What happens now?

I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…

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What would happen if there were no alimony or splitting assets in divorce without kids?

That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…

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Recent thoughts about family law

Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I…

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Why is child support and alimony rooted in revenge, power, and humiliation?

Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: "Why is child support and alimony rooted in revenge, power, control, and humiliation over…

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Can a mother lose custody even if the child is still very young?

Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…

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Can grandma sue if the child stopped visiting because of COVID-19?

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild…

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S.B. 122 just passed! So what? Joint equal physical custody.

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender…

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In court cases, how does taking an oath make any difference?

In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before…

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Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19?

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild…

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Do you need a reason to get a divorce?

Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault”…

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What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option?

What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option? Is this a trick question? Correct me…

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I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…

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Do I have to respond to discovery questions in a divorce?

Do I have to respond to discovery questions in a divorce? Yes, unless you can persuade the court that some or all of the discovery requests: violate the rules governing discovery, such…

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