Is it legal to record threatening callers? Are recordings admissible?

You question has two parts. Part 1: can you legally record phone calls (or an in-person conversation)? ANSWER: It depends on the jurisdiction. Some states won’t allow you to record…

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Is it illegal to video record people in your home without their knowledge?

Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah): Utah Code § 76-9-401. Definitions.…

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Oldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment

Oldroyd v. Oldroyd - 2019 UT App 155 - THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20180257-CA Filed September 26, 2019…

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What are some cases that restored your faith in the judiciary?

There are not enough well-conducted and well-decided cases to restore my overall lack of faith in the legal system generally. To be sure, there are very good judges and others…

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Why doesn’t family law immediately use collaborative law practices to reach decisions?

Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…

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What is the best comeback a judge has ever made in court?

I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…

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What happens to a client’s files if the lawyer succumbs to death or illness?

What happens to a lawyer's past and ongoing client files if the lawyer succumbs to a sudden illness? Is the client entitled to the possession of it? In the jurisdiction…

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Why is it common for the custodial parent to villainize the ex to their child?

I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…

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Do married lawyers ever fight each other in court?

Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely.…

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How does it feel to file for divorce when your spouse doesn’t know it’s coming?

Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other…

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Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…

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How do I respond to parental alienation?

What can a parent do if, after the divorce, the other parent who has custody of the child turns the daughter against that parent? A parent in this situation can…

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How did your parents’ divorce when you were a child affect your adult life?

My parents did not divorce, but I base my answer to this question on the experiences of my clients, whether it be how their own children reacted to their divorce…

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After a divorce, is joint residential custody better or worse for the children?

Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is…

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Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…

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How many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?

Not many. In fact, in many jurisdictions this has already occurred (many states have, in the past few years, passed laws that presume joint equal custody is in the child’s…

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What do most TV shows and movies get wrong about the legal profession?

I’m amazed at the number of people who believe, from what fictitious TV lawyers “accomplish,” that if the lawyers just try hard enough, do enough research, pound the pavement tenaciously,…

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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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Why do some narcissist men not want a woman who works and try to keep her from working?

The answer to your question lies, in part, in the question itself. The dictionary defines narcissism as “selfishness, involving a sense of entitlement, a lack of empathy, and a need…

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My ex told me I can’t post videos of our children on my social media. What can I do?

I'm a mother of 3. The father has custody and I have visits and overnights. The father told me not to post videos of our children on my social media,…

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Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?

Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she…

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How to Identify a Good Divorce Lawyer, from the Client’s Perspective

Unfortunately, it’s almost impossible to identify a good lawyer without using his/her services for a while to see if you “got it right” on your choice. There are, however, a…

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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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Do I need a separate room for my daughter?

As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a…

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Have you ever dealt with parental alienation?

Yes, but from the perspective of being the divorce lawyer for the alienated parent. Let me tell you, unless the alienating parent is so ham-handed in his or her efforts…

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What’s the best way to decide who takes the children when a couple splits?

I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about.…

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Dealing with Your Spouse During the Divorce Process

QUESTION: What are some pointers that you may have in getting along with your ex-spouse to be during the process of a divorce? What advice do you have to keep…

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LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 - THE UTAH COURT OF APPEALS - LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019…

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