Law from a legal assistant’s point of view, week 26: Lying
By Quinton Lister, legal assistant Lying is corrosive. Lying does not allow us to be the best version of ourselves. Lying keeps us in denial about the actual state of…
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 …
Do you agree or disagree? Divorce creates chaos in the family.
Divorce generally creates far more chaos in individual families than it alleviates, but sometimes a divorce is the best thing to happen to a family. But that’s like saying sometimes its good…
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…
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…
What affects the outcome of court cases more?
What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in…
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…
What has a lawyer said that made you question their expertise?
What’s one thing you’ve heard a lawyer say that made you question their expertise? I was in court for a hearing in a divorce action where opposing counsel objected to…
Why does paternity leave benefit everyone?
I’m not sure it does (and this comes from the father of four children himself). A little paternity leave would do no harm in most cases, but I’m not sure…
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:…
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…
I have a debit card in my name. Can my parents take it?
I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This…
How do I find out what my divorce case number was, if I’ve forgotten it?
It’s easy if you know what you’re doing. And if you don’t know what you’re doing, it’s easy to find someone who does know what to do. In many jurisdictions,…
Does greed also have a role in most divorce cases?
In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some…
How do you go about getting a copy of your divorce papers?
If you have a lawyer: your lawyer can and should give you a copy. If you don’t have a lawyer: go to the courthouse (if the courthouse is open and allowing members…
Erring on the side of caution is not merely cowardly, it is evil
Erring on the side of caution is not merely cowardly, not merely corrupt, it is evil. We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than…
Do courts penalize working parents?
Why do the courts give full custody to a parent who refuses to work but yet reduces custody of the working parent, saying they work too much? In the belief…
Christmas/Winter Break for Parents Under the Utah Code
Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January…
Is the divorce rate rising during the COVID-19 pandemic?
I’ve been a divorce attorney for 25 years, and I don’t see any difference in the divorce rate between the pre-and post-COVID-19 eras. That’s not a scientific study, just anecdotal…
Have you, or someone you know, ever had to share joint custody of a pet due to a breakup/divorce? If so, how did that work out? Was the time actually 50/50?
Many married couples are now foregoing having children but still feel a need for caring for something other than themselves individually and for each other, and so they get a…
Parental alienation
I just read the following comment made by a viewer of my UFLTV parental alienation interview with Kelly Peterson. This viewer wrote, “So basically, parental alienation is proved by documenting the instances…
How do I get custody back of my child if the custodial parent is not keeping the child safe?
The best way to phrase this question is as follows, “How do I get an order awarding custody of our child to me, if I assert as the basis for…
Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures
Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…
I have no money and a non-cooperative ex, how do I get legal help?
How can I obtain assistance in a custody matter when I have no money and my ex-husband is not following the current court order? In some jurisdictions there are legal…
If two unwed people have a child and split up, is it treated like a divorce?
If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The…
Law from a legal assistant’s point of view, week 17: Fairness
By Quinton Lister, legal assistant Before I started working as a legal assistant I was a philosophy major at BYU. During that time I read a portion of John Rawls treatise on justice. Mr. Rawls…
What is the first step if you get served with papers for divorce?
Rip off that band-aid and go see a lawyer immediately. Not “as soon as possible,” right now. Now. Without delay. Without any delay. Yes, I know you don’t trust lawyers. I know…
Where can I find a pro bono lawyer when being charged with contempt of child support in MN?
You may have a very difficult time finding free legal representation, BUT you may have a much easier time getting advice as to how you can and should proceed and…
How to Avoid Hiring the Wrong Divorce Lawyer
So you've paid your divorce attorney $10,000 or so, it's been 6 months, and essentially nothing's getting done. What went wrong? It could be many things. If you have a…
How do courts insist upon custody evaluations being conducted?
With rare exception in Utah (so rare that it might as well be non-existent), the way courts insist upon custody evaluations being conducted consists of: the court imposing one and…
How do you go through a custody battle and the only thing they can use is making up lies, manipulating the children to tell lies?
If you want my answer, skip to paragraph three. 1. First, it may be the case (and it may be that you need to acknowledge) that the problem is not…
The Protective Order Deception
We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your…
What are the divorce laws in Utah?
I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family…
If a married couple divorces and neither one wants their child, what happens?
Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that…
Law from a legal assistant’s point of view, week 14: Preparedness and Honesty
By Quinton Lister, Legal Assistant My new job as a legal assistant to a divorce attorney has opened my eyes to the necessity of preparation. There are emergencies and surprises…
Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?
In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…
How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work
Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint…
I’m a child whose parents are divorcing and fighting over custody. What can I do?
I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn't want to take me to court to present my…
When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?
In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its…
Law from a legal assistant’s point of view, week 13: Thoughts on ADR
By Quinton Lister, Legal Assistant Part of what has drawn me to my current position as a legal assistant to a divorce attorney is that I wanted to learn more…
In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?
No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The…
McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony
MCQUARRIE v. MCQUARRIE - 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5,…
What is one thing you wish you would have added in your divorce parenting plan?
Here are some provisions that I have seen divorce litigants who did not include them in their divorce settlement agreements wish were included: a “loser pays” clause for 1) when…
Law from a legal assistant’s point of view, week 12: Perfection
By Quinton Lister, Legal Assistant It doesn’t take a lawyer to discover, and it doesn’t take long to realize, that the legal profession is by no means perfect. The legal system…
If the father got the child custody, will the mom pay for child support?
In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…
My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?
Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…
What happens to a child support order if both parents move out of the country?
Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…
How can I get an emergency hearing for custody and child support?
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
What is the success rate of having a court-appointed legal aid?
I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel…
How do I best grab the attention of an attorney regarding a child custody case that is unusual, difficult, and I need help?
With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s…