Law from a legal assistant’s point of view, week 40

Law from a legal assistant’s point of view, week 40: Recording family law hearings By Quinton Lister, legal assistant My time as a legal assistant to a divorce and family…

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Widdison v. Widdison – 2022 UT App 46 – custody modification

Widdison v. Widdison - 2022 UT App 46   THE UTAH COURT OF APPEALS  NICOLE WIDDISON, Appellant,  LEON BRYANT WIDDISON,  Appellee.  Opinion  No. 20200484-CA  Filed April 7, 2022  Third District…

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Knowles v. Knowles – UT App 47

Knowles v. Knowles - UT App 47  THE UTAH COURT OF APPEALS  DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee.  Opinion  No. 20200032  Filed April 7, 2022  Second District…

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Law from a legal assistant’s point of view, week 37: Arb-med

By Quinton Lister, legal assistant  I have mentioned in previous posts that I am interested in the field of alternative dispute resolution, or “ADR”.   What is ADR? Its any means…

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Why are child support and custody attorneys so expensive?

Because the work:  requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly;…

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Law from a legal assistant’s point of view, week 32: If I could redo the legal system

By Quinton Lister, legal assistant  My boss, Eric Johnson, a divorce attorney, thought it might be a good blog post to write about what I would do if I were…

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Law from a legal assistant’s point of view, Week 28: With liberty and justice for all

By Quinton Lister, legal assistant  Why is navigating the legal system complicated? There are many reasons. Several things complicate the nature of our legal system. One thing is money.   Lawyers…

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Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

2022 UT App 5  THE UTAH COURT OF APPEALS  CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee.  Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022  Third District Court, Salt…

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Does saying after an answer “I truly believe that”, “it truly is”, damage your credibility as a lay witness in court or is it better to don’t add this type of qualifiers?

First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is…

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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…

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How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.

I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to…

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MacFarland v. MacFarland – 2021 UT App 58

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…

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Do you think it’s fair that Brad Pitt got joint custody of his kids? 

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…

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Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

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…

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When flawed thinking is tragic thinking (thank goodness)

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…

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Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?

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…

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How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

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…

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After a divorce, should my kids be with me or with the mom?

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…

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Father has 50/50 custody. Now ex is trying to take it away. What to do?

I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…

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Recent thoughts about family law

Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I…

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S.B. 122 just passed! So what? Joint equal physical custody.

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender…

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Why is it difficult for a father to get child custody?

Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…

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Why does someone need an attorney when they can just defend themselves in court?

Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…

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Does having the judge interview the children traumatize the children?

Does having the judge interview the children traumatize the children?   This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…

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