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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Do parents who share joint equal custody pay child support?

Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of…

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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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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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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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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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If I can’t find an attorney, can it honestly be said I got a fair trial?

If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…

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Why does someone need an attorney when they can just defend themselves in court?

Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…

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2020 UT App 171 – Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. BRENDA MILLER, Appellee

2020 UT App 171 - Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington…

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Do GALs or custody evaluators do a better job of interviewing children than judges do?

This post is the tenth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…

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If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child?

If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child?   This post is the seventh…

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Believing Judges Interviewing Children Harms Children Rests on False Premises

This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…

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Does having the judge interview the children traumatize the children?

Does having the judge interview the children traumatize the children?   This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…

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Utah Divorce Case Timeline Summary

Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…

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How can we change the court system in order to make divorces easier on the children?

How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…

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Must I engage in all-day divorce mediation or some other time period?

Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in…

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2020 UT App 14 – UTAH COURT OF APPEALS – QDRO drafting, rule 60(b)

2020 UT App 14 - THE UTAH COURT OF APPEALS REGGIE ANN PECK, Appellee v. KEVIN SCOTT PECK, Appellant. Opinion No. 20180732-CA Filed January 24, 2020 First District Court, Logan…

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Is it OK to fill out divorce documents by hand in ink, or must they be typed?

It depends upon the court rules of the jurisdiction in which you would be filing your divorce documents are to be filed. In Utah, where I practice divorce and family…

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Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…

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How can I get a divorce if I don’t know where my spouse is?

If I'm married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don't know where my spouse is?…

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Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…

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Why do judges say “don’t break court orders,” but then do nothing when the order is broken?

Why do judges tell people not to break court orders but then do nothing when the court order is broken? Reason #1: because of the principle of “easier said than…

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How could a mother or a father claim a child’s custody?

How could a mother or a father claim a child's custody? Custody is not something a parent usually “claims”. Biological parents of child already legally have custody of their children.…

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Can I represent myself in a child custody dispute and win?

Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…

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Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…

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What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?

What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there…

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As a divorce lawyer, what is the most petty thing one of your clients had you do?

QUESTION: As a divorce lawyer, what is the most petty thing one of your clients had you do? ANSWER: Thanks for the question. The answer is: nothing. Legal whores do…

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Cool as a Cucumber: How to Testify Successfully at Your Deposition or in Court in a Domestic Relations Case

Cool as a Cucumber[1]: HOW TO TESTIFY SUCCESSFULLY AT YOUR DEPOSITION OR IN COURT IN A DOMESTIC RELATIONS CASE [1] This phrase (c. 1732) derives from ancient folk knowledge confirmed by…

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Can I sue for the child support I paid after our child started living with me?

QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…

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How can I call my 10-year-old as a witness to say where she would like to live?

QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…

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What if my spouse won’t complete the divorce orientation and education courses?

What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…

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