If I understand your question correctly, you're wondering if the court will fault for your ex-spouse's claims that you are failing to act responsibly when it comes to making and…
There’s more to consider than just the mutual friendship. Such as whether someone is seriously in the wrong. You wouldn’t (or shouldn’t) fail to report a friend for committing murder.…
Family law is, for most lawyers, a miserable practice area. You have to have the right personality and constitution for it. If you want to be a family lawyer to…
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
My answer to your question is going to be a generalized answer to a hypothetical question. Before you take any real-life legal action in relation to real, existing laws, you…
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…
You have just received an email from your lawyer about a deadline that your lawyer needs your help to meet. What should you do? You are already extremely busy with your life and…
Appellee. Opinion No. 20220629-CA Filed September 28, 2023 Second District Juvenile Court, Ogden Department The Honorable Tasha Williams No. 1183589 Colleen K. Coebergh, Attorney for Appellant Sean D. Reyes, Carol…
That is a great question. Most lawyers who have tried being divorce and family lawyers hate it and abandon it for other practice areas. I can tell you why I…
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there…
Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules…
The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…
The documents your attorney tells you that you must prepare for your case are, in fact, documents that you must prepare for your case. Failure to prepare them and to…
Please check your email. And if you don’t have an email address, you must get one. And then you need to check your email inbox every day. Not just once…
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,…
There are so many things wrong with this question. But thank you for asking it because it can be the start of a beneficial conversation and lead to a better…
Many people wonder whether they must file for divorce in the state (or even the country) where they were married, even if they never resided there or no longer reside…
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…
I’m just at the beginning stages of a divorce case, but already in the thick of it. My spouse tells me she is going to have her lawyer file a…
I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…
There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The…
I have noticed three chronic problems with clients in just the few weeks I have been working as a legal assistant. 1) Most clients seem to have an almost allergic…
It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not…
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.…
How one writes in the legal world and how one writes in the world of creative are both very similar and very different. When I became a legal assistant, I thought…
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…
After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system.…
There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…
Knight v. Knight - 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third…
Read this article to learn about how the Utah Supreme Court is hearing arguments about elective abortions in Utah and which rights are protected in the state. ; https://www.sltrib.com/news/politics/2023/08/08/does-utah-constitution-protect/
This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children…
If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose…
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 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 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,…
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 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. MICHAEL SCHROEDER, Appellant. Opinion No. 20190339-CA[1] Filed May 25, 2023 Fifth District…
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. 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 THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
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 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,…