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,…

Continue ReadingHow do I find out what my divorce case number was, if I’ve forgotten it?

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…

Continue ReadingDoes greed also have a role in most divorce cases?

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…

Continue ReadingErring on the side of caution is not merely cowardly, it is evil

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…

Continue ReadingChristmas/Winter Break for Parents Under the Utah Code

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…

Continue ReadingHave 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?

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…

Continue ReadingParental alienation

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…

Continue ReadingHow do I get custody back of my child if the custodial parent is not keeping the child safe?

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…

Continue ReadingLaw from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

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…

Continue ReadingI have no money and a non-cooperative ex, how do I get legal help?

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…

Continue ReadingIf two unwed people have a child and split up, is it treated like a divorce?

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…

Continue ReadingLaw from a legal assistant’s point of view, week 17: Fairness

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…

Continue ReadingWhat is the first step if you get served with papers for divorce?

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…

Continue ReadingWhere can I find a pro bono lawyer when being charged with contempt of child support in MN?

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…

Continue ReadingHow to Avoid Hiring the Wrong Divorce Lawyer

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…

Continue ReadingHow do courts insist upon custody evaluations being conducted?

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…

Continue ReadingHow do you go through a custody battle and the only thing they can use is making up lies, manipulating the children to tell lies?

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…

Continue ReadingThe Protective Order Deception

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…

Continue ReadingWhat are the divorce laws in Utah?

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…

Continue ReadingIf a married couple divorces and neither one wants their child, what happens?

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…

Continue ReadingLaw from a legal assistant’s point of view, week 14: Preparedness and Honesty

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…

Continue ReadingWhy isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

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…

Continue ReadingHow Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work

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…

Continue ReadingI’m a child whose parents are divorcing and fighting over custody. What can I do?

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…

Continue ReadingWhen a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

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…

Continue ReadingIn Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

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,…

Continue ReadingMcQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

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…

Continue ReadingWhat is one thing you wish you would have added in your divorce parenting plan?

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…

Continue ReadingLaw from a legal assistant’s point of view, week 12: Perfection

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…

Continue ReadingIf the father got the child custody, will the mom pay for child support?

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…

Continue ReadingMy 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?

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…

Continue ReadingWhat happens to a child support order if both parents move out of the country?

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…

Continue ReadingHow can I get an emergency hearing for custody and child support?

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…

Continue ReadingWhat is the success rate of having a court-appointed legal aid?

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…

Continue ReadingHow do I best grab the attention of an attorney regarding a child custody case that is unusual, difficult, and I need help?

Would you support changing the law in each and every single U.S. state to make it crystal-clear that people have an unlimited insurable interest in their own child support obligations as well as in their family members’ child support obligations?

No.  I do support that idea that one’s own child support entitlement should be an insurable interest in the amount of the entitlement itself (meaning that if you are the…

Continue ReadingWould you support changing the law in each and every single U.S. state to make it crystal-clear that people have an unlimited insurable interest in their own child support obligations as well as in their family members’ child support obligations?

What is the best and fastest way to switch judges in a family court?

I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…

Continue ReadingWhat is the best and fastest way to switch judges in a family court?

Can an unemployed alienated parent be forced to help pay for a car for the child?

First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of…

Continue ReadingCan an unemployed alienated parent be forced to help pay for a car for the child?

Are mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?

No, mothers are not being treated "worse" by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have…

Continue ReadingAre mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?

What questions do people ask about divorce?

The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What…

Continue ReadingWhat questions do people ask about divorce?

Why is child support still garnishing my friend’s wages and her children are back in her custody?

There could be at least two possible reasons.  1. Even though the child is living with you, if the court and/or the child support collection agency has not been made…

Continue ReadingWhy is child support still garnishing my friend’s wages and her children are back in her custody?

Can you seek a temporary custody award if you have an apartment but you’re not on the lease, but your fiancé is on the lease and also the child does have their own room?

I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but…

Continue ReadingCan you seek a temporary custody award if you have an apartment but you’re not on the lease, but your fiancé is on the lease and also the child does have their own room?

In re A.B. – 2021 UT App 91

THE UTAH COURT OF APPEALS  STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE.  K.T.,  Appellant,  v..  S.T. AND T.T.,  Appellees.  Opinion  No. 20200342-CA  Filed August 26, 2021  Third District Juvenile Court, Salt…

Continue ReadingIn re A.B. – 2021 UT App 91