The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…
What would you think of a parent who makes the last child support payment prorated 7 days because the child’s 18th birthday falls on the 7th? I see nothing illegal…
What’s one thing you’ve heard a lawyer say that made you question their expertise? I was in court for a hearing in a divorce action where opposing counsel objected to…
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…
It’s easy if you know what you’re doing. And if you don’t know what you’re doing, it’s easy to find someone who does know what to do. In many jurisdictions,…
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…
If you have a lawyer: your lawyer can and should give you a copy. If you don’t have a lawyer: go to the courthouse (if the courthouse is open and allowing members…
By Quinton Lister, legal assistant My boss at the law firm where I work (Utah Family Law, LC) has informed me more than once that, “divorce lawyers are, with few exceptions, terrible people”. I am…
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…
I’ve been a divorce attorney for 25 years, and I don’t see any difference in the divorce rate between the pre-and post-COVID-19 eras. That’s not a scientific study, just anecdotal…
Many married couples are now foregoing having children but still feel a need for caring for something other than themselves individually and for each other, and so they get a…
I just read the following comment made by a viewer of my UFLTV parental alienation interview with Kelly Peterson. This viewer wrote, “So basically, parental alienation is proved by documenting the instances…
What is the best way for me to explain to my 3 daughters that the reason in which I am divorcing their Assistant Prosecutor stepmother is because I wouldn’t let…
The best way to phrase this question is as follows, “How do I get an order awarding custody of our child to me, if I assert as the basis for…
If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The…
By Quinton Lister, legal assistant Before I started working as a legal assistant I was a philosophy major at BYU. During that time I read a portion of John Rawls treatise on justice. Mr. Rawls…
Rip off that band-aid and go see a lawyer immediately. Not “as soon as possible,” right now. Now. Without delay. Without any delay. Yes, I know you don’t trust lawyers. I know…
So you've paid your divorce attorney $10,000 or so, it's been 6 months, and essentially nothing's getting done. What went wrong? It could be many things. If you have a…
We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your…
Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that…
In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…
Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint…
I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn't want to take me to court to present my…
In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its…
This is an example of a logical fallacy; specifically, begging the question. It assumes the conclusion in the premise It is not a given that disciplining a child is a…
No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The…
MCQUARRIE v. MCQUARRIE - 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5,…
Here are some provisions that I have seen divorce litigants who did not include them in their divorce settlement agreements wish were included: a “loser pays” clause for 1) when…
By Quinton Lister, Legal Assistant It doesn’t take a lawyer to discover, and it doesn’t take long to realize, that the legal profession is by no means perfect. The legal system…
In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…
Of course. First, even if one could prove a parent suffers from narcissistic personality disorder (NPD), merely suffering from this condition wouldn’t automatically disqualify a parent from being awarded sole…
By Quinton Lister, Legal Assistant Giving without expectation is one of the hardest things to do in this life. I often wonder in our capitalistic society why it is so…
Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
By Quinton Lister, Legal Assistant I think most of the observations I am having as a new legal assistant are not groundbreaking, but my boss and I are learning that…
SAT scores? Come on, that’s getting too granular. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-does-divorce-and-child-abuse-affect-SAT-scores
With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s…
No. I do support that idea that one’s own child support entitlement should be an insurable interest in the amount of the entitlement itself (meaning that if you are the…
I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…
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…
First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of…
No, mothers are not being treated "worse" by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have…
The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What…
By Quinton Lister, Legal Assistant Since I have started working as a legal assistant, I have come to realize more the nuances of legality vs. morality. For the purposes of…
There could be at least two possible reasons. 1. Even though the child is living with you, if the court and/or the child support collection agency has not been made…
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…
I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but…
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…
Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they…
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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