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…
I’m getting a divorce, and my husband filed the paperwork. Strangely, he filled out my portion of the paperwork for me and even put in a name change. I don’t know what to do with this. Any suggestions?
This is a general response because every jurisdiction may be a little different, but the principles that I discussed below are pretty uniform throughout the United States. Make sure you…
Law from a legal assistant’s point of view, week 4: Trial by fire
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
Law from a legal assistant’s point of view, week 3: Who is watching the court?
It is sad, but I think that becoming a legal assistant has made me want to be more engaged with civic processes. It is not sad that I want to…
Law from a legal assistant’s point of view, week 2: Pile higher and deeper
Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains…
The Utah courthouses will be re-opening soon. Don’t go back!
With the COVID-19 crisis essentially behind us now (please don't start on the Delta variant) the Utah courts are re-opening the courthouses. And there's nothing wrong with that . .…
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…
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. …
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…
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.…
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…
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…
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…
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…
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…
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…
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”…
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…
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…
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…
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?…
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…
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…
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…
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…
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…
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…
There is a proposal to make more Utah court records “private” that are currently public.
There is a proposal to make more Utah court records "private" that are currently public. Here is the proposed amendment to Utah Code of Judicial Administration Rule 4-202.02 (Records Classification):…
Young v. Hagel – 2020 UT App 100 – Rule 73(c) appear or appoint counsel
2020 UT App 100 THE UTAH COURT OF APPEALS JOSHUA J. YOUNG, Appellee, v. MICHAELA M. HAGEL, Appellant. Opinion No. 20190661-CA Filed June 25, 2020 Second District Court, Farmington Department…
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…
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…
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…
2020 UT App 16 – THE UTAH COURT OF APPEALS – lack of jurisdiction
2020 UT App 16 - THE UTAH COURT OF APPEALS NOUR AL-SALEH, Appellee v. ASAAD AL-SALEH, Appellant. Per Curiam Opinion No. 20191013-CA Filed January 30, 2020 Third District Court, Salt…
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…
How and Where to Find Utah State Court Rules
Here's a "one-stop shopping" reference to the basic court rules you'll want to know about in a Utah divorce case: Utah Rules of Civil Procedure https://www.utcourts.gov/resources/rules/urcp/ Utah Rules of Evidence…
Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases
UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109…
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…
2018 UT App 210 – Silva v. Silva – sheriff’s sale, attorney fees
2018 UT App 210 - Silva v. Silva THE UTAH COURT OF APPEALS DAVID SILVA, Appellee, v. BONNIE SILVA, Appellant. Opinion No. 20160171-CA Filed November 8, 2018 Third District Court,…
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?…
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…
Can anyone go to court and just watch?
Can anyone go into a court room and sit in the back seat and just watch? Why or why not? Courts are open to the public With the exception of…
New court rule for Utah divorce cases
The Utah Supreme Court has adopted a new effective date for newly created rule 109 of the Utah Rules of Civil Procedure. The rule was formerly effective May 1, 2019, but is…
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…
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.…
Can the divorce go through if you have not been served divorce papers?
Question: Can the divorce go through if you have not been served divorce papers? Answer: No divorce action can be decided and a judgment entered unless the defendant or respondent…
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…
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…
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…
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…
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…