2021 UT App 122 THE UTAH COURT OF APPEALS KRISTINE L. SANDERS, Appellee, v. TRAVIS JAMES SANDERS, Appellant. Opinion No. 20200618-CA Filed November 12, 2021 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy …
2021 UT App 130 THE UTAH COURT OF APPEALS COLTEN JOHANSEN, Appellee, KATHY JOHANSEN, Appellant. Opinion No. 20200234-CA Filed November 26, 2021 Second District Court, Ogden Department The Honorable Joseph…
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 …
Miserable. Narcissists know how to game the system, to exploit its weaknesses, to exploit all that is good in human nature and institutions for destructive ends. It’s virtually impossible to prove that a narcissist is engaging in such misconduct because one of the things that makes a narcissist a narcissist, and so maddeningly effective…
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…
In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some…
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…
How do I prepare for family court mediation? There appears to be a lot of confusion and fear surrounding the divorce mediation settlement conference. There shouldn’t be. The two main…
Any way that works for you (without running afoul of God or the law of the land, of course). Parental alienation is one of the most gut-wrenching miseries one can…
There are clearly circumstances that not only justify but may even necessitate a divorce. No one is bound to remain married too someone who threatens one’s life or physical safety with a…
In my experience, free legal advice is worth what you pay for it, but I understand that there are some (even many) who simply cannot afford an attorney (or believe…
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…
How? Not very well, generally. But before I elaborate, let’s ask and answer this question first: is the legal system designed to protect the visitation (“visitation” is also known as…
Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course. How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship…
If you are asking whether there are “legitimate” ways to make truthful witness look inaccurate or dishonest (meaning there are ways to do it that won’t get you in trouble),…
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…
Assuming that you are asking whether a parent who is, in the course of a United States divorce or child custody proceeding, ordered to pay child support, moving out of…
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
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…
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
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. …
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie…
This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don't need financial support from your…
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
In our society what shows that we value fathers as parents? When it comes to child custody awards (i.e., the award of legal and/or physical custody)? Society values fathers far…
If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work…
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…
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It…
Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all…
Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges…
First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your…
Questions regarding one’s character as a spouse and parent often arise in a divorce and/or child custody case, and family members are often some of the best, if not the…
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
Why is the divorce rate so high in the United States? Until now, I would answer this question by stating that some of the main reasons for the high divorce…
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.…
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…
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…
If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another…
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
In my personal experience, most of the time, with most judges. I’m a divorce and family lawyer in Utah, and family law gives judges such broad discretion that even those…
With rare exception, the family law attorneys who offer services at a big discount are either 1) incompetent and inept attorneys or 2) attorneys whose source of income or main…
Yes, in my experience, there are aspects of the legal system and the practice of law that some lawyers and judges see and treat as a game. You see lawyers…
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…
Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such…
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
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…
Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman's Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make…
Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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