Court Proceedings from the Perspective of a New Legal Assistant By Braxton Mounteer
I have finished my first week as a legal assistant. In that time, I have been to a few court proceedings. Previous to taking this job as a legal assistant,…
In Re L.L.B. – 2023 UT App 66 – Termination of Parental Rights Reversed
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 – Parent Charged With Child Abuse
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 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change
2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…
First Impressions of Being a Legal Assistant as a Writer By Braxton Mounteer
The first thing you should know is that I am a writer. I have authored some short stories and some other things you haven’t heard of. I have been a…
2023 UT App 57 – State v. Schroeder
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…
An Interesting and Troubling Article on the Topic of Family and Family Law From the Salt Lake Tribune
This is an interesting and troubling article on the topic of family and family law from the Salt Lake Tribune: Mother of teen killed in Salt Lake City murder-suicide pushed…
2023 UT App 55 – In re F.C.G.
2023 UT App 55 - In re F.C.G. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF F.C.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. L.C.G., Appellant,…
2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings
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…
Why Are Family Courts Biased Against Husbands and Fathers?
We should note first that not all courts/judges/judicial officers are against fathers. Some courts/judges/judicial officers are against fathers (far too many), but not all of them. Why are the judges…
We Have Joint Custody, but I’ve Moved to Another State. Is It Wrong to Ask My Ex to Bring Our Child to Me?
We have joint custody in Nevada. I’m in California now. Is it wrong to ask them to take my child to me because of my location? Do mean to ask,…
What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?
What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…
How Long Does a Child Custody Court Hearing Take?
rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…
Artificial Fraudulence
Seth Godin stated it well when he wrote, "The ease with which someone can invent and spread lies [with advancing technology] is going to take most of us by surprise.…
What Should I Do When a Family Court Judge Refuses to Look at My Evidence?
What should I do when a family court judge refuses to look at my evidence of abuse because my ex's lawyer lied about me bringing it to him when I…
Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award
Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in…
State in Interest of P.J.R., 2023 UT App 27
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA…
Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…
Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity
2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20,…
What Are the Reasons That a Request for a Temporary Order Be Denied in a Family Court Case?
There can be many reasons, but it should all comes down to one or more of these most basic reasons: The motion for temporary orders does not have valid grounds…
If Parents Are Unable to Care For Their Children, Do Grandparents Have the Legal Right to See Them?
I cannot answer this question as the law applies in every jurisdiction, but I can give you the answer as the law applies in Utah, which is the state where…
State In Interest of B.W. – 2022 UT App 131
State In Interest of B.W. - 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years…
Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules
2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork…
In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication
In re K.K. - 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In re K.K. – 2023 UT App 13
In re K.K. - 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Knowlton v. Knowlton – 2023 UT App 16
Knowlton v. Knowlton - 2023 UT App 16 THE UTAH COURT OF APPEALS SHONDELL SWENSON KNOWLTON, Appellee, v. BRADLEY LEWIS KNOWLTON, Appellant. Opinion No. 20200483-CA Filed February 9, 2023 Second…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
Mintz v. Mintz – 2023 UT App 17
Mintz v. Mintz - 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed…
In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity
In re J.E. - 2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant,…
Myers v. Myers 2023 UT App 20 – Alimony Modification
Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March…
From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them
There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused…
The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules
From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277
Wellman v. Kawasaki – 2023 UT App 11 – Alimony
2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable…
In Re A.H. – 2022 UT App 114 – Termination of Parental Rights
2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Can You Win a Custody Battle Without an Attorney?
Can you? Meaning: is it possible? Of course it’s possible. Likely? That depends. I had written over 500 words in my first draft of the answer to this question when…
How Do You Prove Parental Alienation in a Child Custody Case?
Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than…
In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity
2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH,…
In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse
2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH,…
Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property
2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department…
Why Do Americans Believe That Divorce Is Damaging to Children Compared to Remaining in a “Bad” Marriage?
Your question is not a good one because it’s based upon a false premise. Not all Americans believe that it’s better for all children for their parents to remain in…
Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights
2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On…
Should I file for a no-fault divorce or for an uncontested divorce?
My spouse and I have no children together and own no property together. Should I file for a no-fault divorce or for an uncontested divorce? It's not a question of…
Is 50/50 custody likely when the parents live in the same neighborhood?
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
My children’s father is a bum. Can he get 50/50 custody awarded?
The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%?…
Who do you pick between a present father and an absentee mother?
Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1)…
What advice would you give to someone who has just started a divorce?
What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost…
Do I have to pay the court to go to trial?
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
How do you get pet custody after a breakup?
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
Do family courts favor mothers?
While there are some judges, perhaps even some jurisdictions, that are outliers, the answer to your question is: generally yes, no question about it. While the preference for and…
Can a child who wants to, testify of his/her desires regarding the child custody award?
Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…
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