Do Many Women Lie About DV in Divorce and Child Custody Court Cases?

Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…

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Why Condemn Children to Sole Custody Awards When They Have Two Fit Parents?

One of the arguments that some fathers make when they encounter the double standard applied to mothers and fathers in child custody disputes (resulting in a denial of equal legal…

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Mother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?

Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…

Continue ReadingMother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?

I Was Just Laid Off, Through No Fault of My Own, and Don’t Know How Soon I’ll Find Work Again or How Much I Might Actually Earn Once I Do. How Do I Get the Court to Reduce or Terminate My Alimony Obligation?

A reduction in the alimony award obligation is extremely difficult to obtain. It's designed to be difficult to modify downward, so that only those who 1) are truly unable to…

Continue ReadingI Was Just Laid Off, Through No Fault of My Own, and Don’t Know How Soon I’ll Find Work Again or How Much I Might Actually Earn Once I Do. How Do I Get the Court to Reduce or Terminate My Alimony Obligation?

Fair Treatment in Court by Braxton Mounteer, Legal Assistant.

The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic…

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McFarland v. McFarland – 2024 UT App 31 – attorney’s fees awards

McFarland v. McFarland - 2024 UT App 31 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellee, v. NICOLE S. MCFARLAND, Appellant. Opinion No. 20221044-CA, Filed March 14, 2024 Second District…

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Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?

We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…

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Why Get it Straight From the Horse’s Mouth When You Can Get a Truncated Version, Second-Hand?

When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…

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What Assumptions Can You Make About Someone Who Has Been Divorced Twice?

You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both…

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In re Adoption of J.E. – 2024 UT App 34 – termination of parental rights – adoption

In re Adoption of J.E. – 2024 UT App 34 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF J.E., E.E., AND L.E., PERSONS UNDER EIGHTEEN YEARS…

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I Am Going through a Custody Battle and the Other Parent Is Making False Statements About Me in Court. What Can I Do to Protect Myself and My Child?

If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you…

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2024 UT App 28 – Smith v. Smith

2024 UT App 28 - Smith v. Smith THE UTAH COURT OF APPEALS JACQUELINE P. SMITH, Appellee,  v. DANIEL H. SMITH, Appellant. Opinion No. 20220697-CA  Filed March 7, 2024  Third…

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In re O.N. – 2024 UT App 27 – failure to sign notice of appeal

In re O.N. - 2024 UT App 27 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF O.N. AND R.N., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.D.,…

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Can Child Support (Whether Prospectively or Retrospectively) Be Waived by the Child Support Payee?

The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…

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In re H.H. – 2024 UT App 25 – termination of parental rights

In re H.H. - 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H.…

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46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money

From cnbc.com: 46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money (Published Tuesday, August 15, 2023 2:23 PM EDT; Updated Tue, August 15,…

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Is there a difference between hearings and trials in Utah divorce cases?

Yes. A hearing is not the same as a trial. While there may be some similarities, they are not the same thing and do not accomplish the same objectives. The…

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Doing What’s Best for Children by Refusing to Hear From Them on the Subject (And Other Nonsense).

Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…

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Is Court-Ordered Therapy Over-Used? By Braxton Mounteer, legal assistant.

Whether you believe that everyone needs (or could benefit from) therapy or that it is only for the most dysfunctional families, you, like most people, likely agree some therapy has…

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Should You Ask for a Psychological Evaluation in Your Divorce Case? By Braxton Mounteer

The point of a psychological evaluation isn’t to establish if someone merely suffers from any mental or emotional disorder or disorders, but to help determine whether such disorders, if they…

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Is There A Better Way To Conduct Court Proceedings?

A better way to conduct court proceedings came along (a long time ago): remote appearances.  You read that correctly: the courts in Utah can accommodate appearances by remote video conference.…

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In re Adoption of M.A. – 2024 UT 6 – petition to unseal adoption records – good cause

In re Adoption of M.A. - 2024 UT 6 This opinion is subject to revision before final publication in the Pacific Reporter 2024 UT 6 IN THE SUPREME COURT OF…

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Why Hiding Your Money in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer

When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…

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Why won’t courts test competing custody and parent-time proposals during the pretrial phase of a case?

Do you want to know where the real money is most often made in divorce and family law cases? Child custody and parent-time disputes, hands down. Rarely do the parents…

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Blanket Prohibitions on Child Testimony in Custody and Parent-Time Disputes Are Irrational and Irresponsible.

Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…

Continue ReadingBlanket Prohibitions on Child Testimony in Custody and Parent-Time Disputes Are Irrational and Irresponsible.

What happens if the respondent does not show up in family court?

Like winning the lottery, it does happen, but not very often. Parties rarely fail to appear for proceedings in family court. But if and when they do, the court can…

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Is There a Primary Parent in Joint Custody in Utah Which Is Also Known as “Equal” or “50/50” Custody?

Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…

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What Must or Should I Do In This Situation?

What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…

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My spouse is threatening to take the children away, but I’ve done nothing wrong. What can I do to protect them and me?

What do you do when your spouse threatens to walk out and take the children even though you have been an equal and contributing partner in the marriage? It is…

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What are the child custody factors that judges consider?

What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…

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Lamb v. Lamb, 2024 UT App 16 – divorce, custody, business, home equity

2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…

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CPS Has Encouraged Parental Alienation Before My Parental Rights Have Been Taken, My Public Defender Has Not Been Representing Me the Way He Was Supposed to Be, but I Didn’t Know Until Now. What Can I Do?

There are plenty of things you can do (plenty of activity in which you can engage), but whether any of it will do any good is the question. The answer…

Continue ReadingCPS Has Encouraged Parental Alienation Before My Parental Rights Have Been Taken, My Public Defender Has Not Been Representing Me the Way He Was Supposed to Be, but I Didn’t Know Until Now. What Can I Do?

Is mom deemed to be unfit or unstable if she’s going to school to better her career for a better living for her two year old child while temporarily receiving unemployment benefits. Can mom still be granted joint custody with the other parent?

I am a divorce and family lawyer. I think you’d be hard-pressed to find a court anywhere in this country (USA) that would consider a mother temporarily receiving unemployment benefits…

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House Bill 193 (HB0198 (utah.gov))

Another bill under consideration during the 2024 Utah legislative session is House Bill 193 (HB0198 (utah.gov)). This bill would, if passed into law, 1) make clear that a “totality of…

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House Bill 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”.

This post discusses another proposed family law bill under consideration for the 2024 Utah legislative session, House Bill 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”. This bill, if passed, would…

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H.B. 194

Another potential law up for consideration in the 2024 Utah legislative session is H.B. 194. This bill would, if passed, amend provisions relating to adoption and child placement by amending the…

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Why Hiding or Misrepresenting Your Income in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer

When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope…

Continue ReadingWhy Hiding or Misrepresenting Your Income in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer

House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”

Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…

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Today’s blog post reviews House Bill 134 (HB0134 (utah.gov)), entitled “Marriage Modifications”.

It addresses the validation and recognition of a marriage regardless of the race, ethnicity, or national original of the parties to the marriage, and would repeal a current provision in…

Continue ReadingToday’s blog post reviews House Bill 134 (HB0134 (utah.gov)), entitled “Marriage Modifications”.

House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”

Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…

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My attorney withdrew as my counsel in my divorce case. What do I do now?

I received a notice from opposing counsel that looks (or contains) something like this: “You are hereby notified of your responsibility to appear personally or appoint counsel.” What does this…

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House Bill 129 Child Support Requirements

Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 129 (HB0129 (utah.gov)), entitled “Child Support Requirements”. This bill would,…

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House Bill 81 ” Domestic Violence Modifications”

Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 81 (HB0081 (utah.gov)), entitled “Domestic Violence Modifications”. It would add…

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H.B. 20 “Parental Rights Amendments”

Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session. H.B. 20 is entitled “Parental Rights Amendments” According…

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Allegations of Child Abuse vs. Allegations of Parental Alienation

Here's a very, very short news report on the subject of when allegations of child abuse are countered with allegations of parental alienation:  https://www.youtube.com/watch?v=44hJ8zWRrik I welcome sincere and rational comments…

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How do you survive if the narcissist won custody of your kids and you have to accept it?

Hard truths incoming. When dealing with a co-parent who is afflicted with a personality disorder, do these things, and do them all at the same time: 1) Examine your own…

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Family Law Legislation for the 2024 Utah State Legislative Session

Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…

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Encourage Your Legislators to Vote Against H.B. (House Bill) 272 (2024 Utah General Legislative Session)

According to the "General Description" of H.B. 272, what's not to like?: Highlighted Provisions: This bill: ▸ defines terms; ▸ in certain proceedings involving child custody: specifies requirements for the admission of expert…

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