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…
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…
How do I prepare for family court mediation? There appears to be a lot of confusion and fear surrounding the divorce mediation settlement conference. There shouldn’t be. The two main…
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…
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…
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…
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…
Any way that works for you (without running afoul of God or the law of the land, of course). Parental alienation is one of the most gut-wrenching miseries one can…
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…
For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of…
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…
Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they…
Pretty much impossible. Why? Two big reasons, generally: Narcissists are masters of deception. Being a narcissist generally not terribly relevant, if relevant at all, to most issues in a divorce…
By Quinton Lister, Legal Assistant The practice of family law takes a thick skin. I haven’t been at the job long (and I’m just a legal assistant), but it’s obvious that you got to be tough to do…
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
By Quinton Lister, Legal Assistant I wake up with a knot in my stomach every morning. I am not sharing that to get sympathy or to indicate that anything is…
It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes, but…
Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a…
In my experience, free legal advice is worth what you pay for it, but I understand that there are some (even many) who simply cannot afford an attorney (or believe…
Rarely, and when the judge does know, it’s usually because the other parent’s malicious behavior is so way over the top as to be impossible to detect or ignore or…
How? Not very well, generally. But before I elaborate, let’s ask and answer this question first: is the legal system designed to protect the visitation (“visitation” is also known as…
There are some great answers in this thread already. I hope that adding my two cents’ worth is informative too. I am a divorce and family lawyer. With rare exception…
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
It is sad, but I think that becoming a legal assistant has made me want to be more engaged with civic processes. It is not sad that I want to…
Yes. Even most of the lawyers who don’t quit the practice of law can barely stand it. I have met some lawyers who claim that their jobs are not stressful.…
2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court,…
Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains…
If you are asking whether there are “legitimate” ways to make truthful witness look inaccurate or dishonest (meaning there are ways to do it that won’t get you in trouble),…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
Assuming that you are asking whether a parent who is, in the course of a United States divorce or child custody proceeding, ordered to pay child support, moving out of…
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
In Utah, that question has been thoroughly discussed on the subject of grandparent visitation rights in the case of Jones v. Jones. and if you don’t want to read the…
My favorite part of being new at something is that feeling of every aspect being unique and energizing. I am experiencing that feeling now in my new job as a…
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
With the COVID-19 crisis essentially behind us now (please don't start on the Delta variant) the Utah courts are re-opening the courthouses. And there's nothing wrong with that . .…
Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No.…
Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
Ward v. McGarry - 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. …
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
ttps://www.utcourts.gov/opinions/appopin/In%20re%20A.H...20210528_20190846_57.pdf In re A.H. - 2021 UT App 57 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.H., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190846-CA Filed…
I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie…
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
In our society what shows that we value fathers as parents? When it comes to child custody awards (i.e., the award of legal and/or physical custody)? Society values fathers far…
If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work…
This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice…
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It…
Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all…