What are the significant changes to family law in the past two centuries?

What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): …

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True or false: Better to divorce than have a miserable life.

This blog post is in response to this question:  I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn.…

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What is the proper way to request a change of the child custody order?

What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…

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How should the child support payment system in the U.S. be changed?

How should the child support payment system in the U.S. be changed to make it more fair?  What is unfair about child support for the child support payor (also known…

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How can I reveal my soon-to-be ex as having NPD in our custody case?

How can I reveal my soon-to-be ex as having NPD in our child custody case? You're asking the wrong question. You shouldn't be asking how you can prove your spouse…

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How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…

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Is the percentage of married people getting a divorce still about 50%?

Is the percentage of married people getting a divorce still about 50%, or is it now higher? It’s actually a bit less than 50% currently and for the past few years. This…

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How do I stop being afraid of divorcing?

How do I stop being afraid of divorcing? I’m so scared. I’ve been a stay-at-home mother for 18 years. I have health issues. I don’t know if I can provide…

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Duffin v. Duffin – 2022 UT App 60

2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department…

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Beckham v. Beckham, 2022 UT App 65

2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The…

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What will the court do if I do not pick up a letter my ex husband sent?

What will the court do if I do not pick up a letter my ex husband sent that needs to be signed by me from the courts about his back…

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Law from a legal assistant’s point of view, week 46

Law from a legal assistant’s point of view, week 46: Simplify, but do so Elegantly  By Quinton Lister, legal assistant   As a legal assistant to a divorce attorney, I find…

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Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…

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How can I help my stepdaughter get away from an abusive mother?

How can I help my 12-year-old step daughter get away from an emotionally abusive mother?  Tell the child’s father (your husband) about the trouble and have him handle it. It’s…

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Is it wrong for a parent to go to their adult child for emotional support?

Is it wrong for a parent to go to their adult child for emotional support concerning the parent’s marriage? I am a divorce and family lawyer and a parent, but…

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Is appointing a guardian ad litem helpful in custody cases?

Is appointing a guardian ad litem a positive tool to help with custody cases?  [I will respond to your question based upon my experience with guardians ad litem in Utah,…

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What are the chances of a mother getting full custody?

In my experienced opinion:  If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of…

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How will it affect children to switch schools every other school year?

How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states?  Probably not…

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If both parents are wonderful, will the court still favor the mother?

If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…

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Law from a legal assistant’s point of view, week 44: Mountains

By Quinton Lister, legal assistant  One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns…

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What should the child support award be if my ex makes $1,200 per week?

Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week?  Each jurisdiction has different child support laws and rules, but I…

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What if your client gets custody when they should not have, due to you?

What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability?  We have a word…

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What is the argument for hearing a child’s view in a custody decision?

What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…

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Can a parent take kids out of state while divorce is pending?

Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be…

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I’m 14 and my mom is making me live with my dad. How do I stop this?

I'm 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening?  I’m a divorce and…

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Why isn’t 50/50 custody the default resolution in child custody cases?

I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…

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In a divorce, should children live with their favorite parent?

I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…

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Law from a legal assistant’s point of view, week 40

Law from a legal assistant’s point of view, week 40: Recording family law hearings By Quinton Lister, legal assistant My time as a legal assistant to a divorce and family…

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Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…

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Corona-Leyva v. Hartman – 2022 UT App 45 – civil stalking injunction

Corona-Leyva v. Hartman - 2022 UT App 45 THE UTAH COURT OF APPEALS  SERGIO CORONA-LEYVA,   Appellee,   JESUS HARTMAN,   Appellant.  Opinion  No. 20200948-CA  Filed April 7, 2022  Fourth District Court, Provo…

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Is it damaging for a child to witness a divorce/parents fighting constantly?

Is it damaging for a child to witness a divorce or witness their parents fighting constantly? Yes.  Yes, of course.  Utah Family Law, LC | divorceutah.com | 801-466-9277   https://www.quora.com/Is-it-damaging-for-a-child-to-witness-a-divorce-or-witness-their-parents-fighting-constantly/answer/Eric-Johnson-311 

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Widdison v. Widdison – 2022 UT App 46 – custody modification

Widdison v. Widdison - 2022 UT App 46   THE UTAH COURT OF APPEALS  NICOLE WIDDISON, Appellant,  LEON BRYANT WIDDISON,  Appellee.  Opinion  No. 20200484-CA  Filed April 7, 2022  Third District…

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Law from a legal assistant’s point of view, week 39: Judges, part III

By Quinton Lister, legal assistant  For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a…

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Knowles v. Knowles – UT App 47

Knowles v. Knowles - UT App 47  THE UTAH COURT OF APPEALS  DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee.  Opinion  No. 20200032  Filed April 7, 2022  Second District…

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How easy is it to change your child’s last name?

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…

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Why is the Divorce Rate Higher than Ever?

First, the divorce rate is not currently higher than ever. It has been higher in the past. Unfortunately, the reason the divorce rate is declining is likely because fewer people…

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Law from a legal assistant’s point of view, week 38: Arb-med, part II

By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…

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Do you lose child custody if you have a bench warrant?

Not merely for having a warrant out for your arrest, no.  Utah Family Law, LC | divorceutah.com | 801-466-9277   https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311  

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Law from a legal assistant’s point of view, week 37: Arb-med

By Quinton Lister, legal assistant  I have mentioned in previous posts that I am interested in the field of alternative dispute resolution, or “ADR”.   What is ADR? Its any means…

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How can I enforce my power when I have final say in joint custody?

My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power?  If you are asking: “How do I enforce in good…

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Pending divorce spouse has moved out and stopped paying bills.

Pending divorce spouse has moved out and stopped paying bills. Should I report to my attorney or just wait until we go to court?  Report this to your attorney immediately. There are…

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