2024 UT App 51 – Bailey v. Bailey – evidence, sanctions
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in…
2024 UT App 47 – In re K.J. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.J., M.J., AND K.J., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Did you see this in the news in Utah (from the Salt Lake Tribune)? A Utah man never hit his wife — until he tried to kill her. But how…
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
I recently accompanied my boss to the trial of a divorce case. If I had had to place a bet on what the judge was thinking at given moment or…
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…
Without knowing more about your criminal record, I can still safely predict that having almost any kind of chronic or significant criminal record reduces your chances of being awarded custody…
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…
A reduction in the alimony award obligation is extremely difficult to obtain. It's designed to be difficult to modify downward, so that only those who 1) are truly unable to…
The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic…
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
In re Adoption of J.E. – 2024 UT App 34 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF J.E., E.E., AND L.E., PERSONS UNDER EIGHTEEN YEARS…
2024 UT App 28 - Smith v. Smith THE UTAH COURT OF APPEALS JACQUELINE P. SMITH, Appellee, v. DANIEL H. SMITH, Appellant. Opinion No. 20220697-CA Filed March 7, 2024 Third…
Probably. The schemes and technology for providing fake urine samples have advanced so much and are available so easily to everyone that most urine collection that courts order is observed…
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.…
Yes. A hearing is not the same as a trial. While there may be some similarities, they are not the same thing and do not accomplish the same objectives. The…
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…
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…
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
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 may be asking yourself, why should I order from the court a copy of the audio recordings of my court hearings? Shouldn’t the court's own notes in the written…
Most people fundamentally misunderstand what the Internet and social media are. Many believe that social media is a web of interconnections where you can send and receive updates about your…
STATE OF UTAH, IN THE INTEREST OF R.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.G., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220635-CA Filed November 24, 2023 Second…
2023 UT App 137 - Lobendahn v. Lobendahn THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.H. AND R.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. L.G., Appellant, v. R.G. AND R.G., Appellees. Opinion No. 20220920-CA…
STATE OF UTAH, Appellee, v. K.S., Appellant. Opinion No. 20210291-CA Filed November 16, 2023 Third District Juvenile Court, Salt Lake Department The Honorable Mark W. May No. 1108274 Monica Maio,…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
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 A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
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…
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
2023 UT App 95 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant, v. STATE OF UTAH,…
Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…
Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her…
THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion No. 20200890-CA Filed May 18, 2023 Second District Court, Ogden Department The Honorable Joseph M.…
In re K.R. - 2023 UT App 75 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.R. AND R.B., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In re M.S. - 2023 UT App 74 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. R.S. AND…
In re L.L.B. - 2023 UT App 66 THE UTAH COURT OF APPEALS IN THE INTEREST OF L.L.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.B. AND H.B., Appellees, v.…
2023 UT App 65 - State v. Meyer THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. ELIZABETH LYDIA MEYER, Appellant. Opinion No. 20210718-CA Filed June 15, 2023 First…
2023 UT App 61 - State v. West THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DEBORAH JEAN WEST, Appellant. Opinion No. 20210335-CA Filed June 2, 2023 Fifth…
2023 UT App 48 - Anderson v. Deem THE UTAH COURT OF APPEALS ELLIE ANDERSON, Appellant, v. JACKSON DEEM, Appellee. Opinion No. 20210558-CA Filed May 11, 2023 Fourth District Court,…
2023 UT App 57 - State v. Schroeder THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. MICHAEL SCHROEDER, Appellant. Opinion No. 20190339-CA[1] Filed May 25, 2023 Fifth District…
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…