Widdison v. Widdison – 2022 UT App 46 – custody modification

Widdison v. Widdison - 2022 UT App 46   THE UTAH COURT OF APPEALS  NICOLE WIDDISON, Appellant,  LEON BRYANT WIDDISON,  Appellee.  Opinion  No. 20200484-CA  Filed April 7, 2022  Third District…

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Law from a legal assistant’s point of view, week 39: Judges, part III

By Quinton Lister, legal assistant  For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a…

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Knowles v. Knowles – UT App 47

Knowles v. Knowles - UT App 47  THE UTAH COURT OF APPEALS  DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee.  Opinion  No. 20200032  Filed April 7, 2022  Second District…

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How easy is it to change your child’s last name?

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…

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Law from a legal assistant’s point of view, week 38: Arb-med, part II

By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…

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In re Adoption of E.M.F. – 2022 UT App 43 time in which to appeal

In re Adoption of E.M.F... - 2022 UT App 43 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF E.M.F. AND M.S.F., PERSONS UNDER EIGHTEEN YEARS OF…

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Why do spurned spouses often refuse to cooperate in their own divorce proceedings?

Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…

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Do you lose child custody if you have a bench warrant?

Not merely for having a warrant out for your arrest, no.  Utah Family Law, LC | divorceutah.com | 801-466-9277   https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311  

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How can I enforce my power when I have final say in joint custody?

My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power?  If you are asking: “How do I enforce in good…

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Pending divorce spouse has moved out and stopped paying bills.

Pending divorce spouse has moved out and stopped paying bills. Should I report to my attorney or just wait until we go to court?  Report this to your attorney immediately. There are…

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Our agreement says no child support, can my ex ask for it anyway?

Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit…

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Law from a legal assistant’s point of view, week 36: Planning

By Quinton Lister, legal assistant  Planning is something that I have always aspired to do in my life but being a legal assistant has helped me realize that there is…

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What advice would you give to someone whose divorce is going to court?

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…

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How do you win a case against your ex for false accusations?

If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such…

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Erickson v. Erickson – 2022 UT App 27

THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy…

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How can I help my step-child get away from an abusive mother?

How can I help my 12-year-old step-daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not…

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True or false: Better to divorce than have a miserable life.

This blog post is in response to this question:  I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn. What are…

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In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12  IN THE SUPREME COURT OF THE STATE OF UTAH  STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age  J.L. and…

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Is it true that family courts get paid from child support payments?

Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it?  The courts do…

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What is the best DIY book about divorce in the U.S.?

There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route.  The main…

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These Moving Companies Move Domestic Abuse Victims for Free

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…

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Should I use free family law resources?

Merely use them? I don’t see the harm in being familiar with them. Reading, watching, listening. Learning. That’s a good thing. A very good thing. Being dependent upon only free resources? No. That’s…

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In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. - 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS…

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Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…

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What to do when child won’t comply with the custody award?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…

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Why do spurned spouses refuse to participate in certain parts of divorce?

Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…

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What is the basis for everything I have to do for my Utah divorce case?

What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask…

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Do letters vouching for one’s character really matter?

My lawyer asked me to get letters of my character from my friends for family court to introduce as evidence, but do they really matter and is 12 enough? Do…

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Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

2022 UT App 5  THE UTAH COURT OF APPEALS  CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee.  Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022  Third District Court, Salt…

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Sanders v. Sanders – 2021 UT App 122

2021 UT App 122  THE UTAH COURT OF APPEALS  KRISTINE L. SANDERS, Appellee,  v. TRAVIS JAMES SANDERS, Appellant.  Opinion  No. 20200618-CA  Filed November 12, 2021  Third District Court, Salt Lake Department  The Honorable Todd M. Shaughnessy …

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Johansen v. Johansen – 2021 UT App 130 – compliance with court rules

2021 UT App 130  THE UTAH COURT OF APPEALS  COLTEN JOHANSEN,  Appellee,  KATHY JOHANSEN,  Appellant.  Opinion  No. 20200234-CA  Filed November 26, 2021  Second District Court, Ogden Department  The Honorable Joseph…

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Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS  GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee.  Opinion  No. 20200557-CA  Filed December 30, 2021  Seventh District Court, Moab Department  The Honorable Don Torgerson …

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In re J.P. – 2021 UT App 134 – termination of parental rights

2021 UT App 134  THE UTAH COURT OF APPEALS  STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE.  T.L., Appellant, v. STATE OF…

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The way UT courts conduct custody evaluations nowadays is indefensible

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…

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Should a parent prorate child support to include the child’s 18th birthday?

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…

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Are Licensed Paralegal Practitioners a good idea?

I just received and responded to a survey from Alyx Mark, assistant professor at Wesleyan University and a law and society scholar. After completing the survey, I sent this e-mail to Professor Mark:…

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What is a costly part of divorce that almost no one thinks of ahead of time?

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…

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