The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
It depends on how you reached this point, and how much time, if any, you have to fix it. If circumstances relevant to the child custody award have materially and…
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
I like this idea (House Bill 281) https://le.utah.gov/Session/2025/bills/static/HB0281.html Do you like it too? If not, I'd like to know why. Schools are being asked to provide services that have nothing…
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
A previous post (The Cause of “Protective Orders Disorder” and How to Prevent It.) discussed the trouble caused by granting domestic violence protective orders without a preponderance of evidence. This…
Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…
I am a divorce and family lawyer. So I know that there are laws on the books in my jurisdiction (Utah) and in other jurisdictions throughout the U.S. that make…
State v. Harris - 2024 UT App 191 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. RICKEY SCOTT HARRIS, Appellant. Opinion No. 20220791-CA Filed December 27, 2024 First…
State v. Hughes - 2024 UT App 168 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DAYMIAN MARTIEZ HUGHES, Appellant. Opinion No. 20220640-CA Filed November 15, 2024 Third…
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…
State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…
What will happen? Who knows? What could happen? The court could A) believe your story; B) not believe your story; or C) not believe your story and then come down…
State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…
McKell v. McKell - 2024 UT App 72 THE UTAH COURT OF APPEALS SUMMER TATIANA MCKELL AND MICHELLE TISCHNER, Appellants, v. ROBERT C. MCKELL, Appellee. Opinion No. 20220315-CA Filed May…
State v. Arce - 2024 UT App 43 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOSE FELIPE ARCE, Appellant. Opinion No. 20220006-CA Filed March 28, 2024 First…
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
In re H.H. - 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H.…
Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…
Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 81 (HB0081 (utah.gov)), entitled “Domestic Violence Modifications”. It would add…
Here's a very, very short news report on the subject of when allegations of child abuse are countered with allegations of parental alienation: https://www.youtube.com/watch?v=44hJ8zWRrik I welcome sincere and rational comments…
According to the "General Description" of H.B. 272, what's not to like?: Highlighted Provisions: This bill: ▸ defines terms; ▸ in certain proceedings involving child custody: specifies requirements for the admission of expert…
Let’s discuss this principle in the context of DUIs, but the principle applies in any situation in which you could be questioned in regard to any crime. What is hard…
You hear and read on attorney websites stuff like, “Navigating child custody arrangements during divorce can be challenging.” That’s not the half of it. Child custody disputes with an evil parent…
State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…
In re D.S. - 2023 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.S. AND K.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. S.S.,…
The Utah State Legislature passed this into law an amendment to Utah Code § 77-36-2.1, which was effective May 3, 2023. The newly amended code section now requires police officers to…
State v. Hararah - 2023 UT App 77 2023 UT App 77 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. HOUSTON RAEFAT HARARAH, Appellant. Opinion No. 20220276-CA Filed…
Judge orders lawyers in Kouri Richins cases to limit what they say to press Prosecutors had initially requested a more substantial gag order, citing “overwhelming media interest.” by Jordan Miller,…
It is possible, but not a given. Why? If the court determines that the circumstances under which you were a crime victim were created or exacerbated by you in whole or in…
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…
It depends upon what criteria define “effective”. More child abductions have been prevented with the Amber Alert system in place than without it, yet it’s impossible to say how many…
Today's blog post is a guest post from Hire A Helper. This is not a paid placement. We hope you find it useful, if you or a loved one need this kind…
2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…
2022 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. JOEL CHANCE REDDEN, Appellee. Opinion No. 20200700-CA Filed January 27, 2022 Fifth District Court, Cedar City…
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…
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
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…
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…
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 know if my relationship is abusive? How abusive does it have to be to get sole custody of my children? How do I know if my relationship…
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past…
What are practical, tangible steps someone can and should take when preparing to escape an abusive relationship? If it’s physically violent abuse: I really like what Fredric Garms had to…
2019 UT App 205 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOHNNY BRICKMAN WALL, Appellant. Opinion No. 20151017-CA Filed December 12, 2019 Third District Court, Salt…
2019 UT App 202 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American…
I am a domestic relations attorney. With this in mind, and if you are convinced that you don’t have enough evidence to obtain a restraining order, my answer to your…
You were just arrested for a crime you didn't commit. Do you talk to the police and detectives, or stay silent and call an attorney? Exercise your right to remain…
2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…
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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