Why isn’t 50/50 custody the default resolution in child custody cases?

I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…

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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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Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…

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Law from a legal assistant’s point of view, week 39: Judges, part III

By Quinton Lister, legal assistant  For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a…

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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 38: Arb-med, part II

By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…

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In re Adoption of E.M.F. – 2022 UT App 43 time in which to appeal

In re Adoption of E.M.F... - 2022 UT App 43 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF E.M.F. AND M.S.F., PERSONS UNDER EIGHTEEN YEARS OF…

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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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How can I enforce my power when I have final say in joint custody?

My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power?  If you are asking: “How do I enforce in good…

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Law from a legal assistant’s point of view, week 36: Planning

By Quinton Lister, legal assistant  Planning is something that I have always aspired to do in my life but being a legal assistant has helped me realize that there is…

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How do you win a case against your ex for false accusations?

If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such…

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Erickson v. Erickson – 2022 UT App 27

THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy…

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In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12  IN THE SUPREME COURT OF THE STATE OF UTAH  STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age  J.L. and…

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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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What is the best DIY book about divorce in the U.S.?

There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route.  The main…

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Should I use free family law resources?

Merely use them? I don’t see the harm in being familiar with them. Reading, watching, listening. Learning. That’s a good thing. A very good thing. Being dependent upon only free resources? No. That’s…

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In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. - 2021 UT App 134 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…

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2022 UT App 15 – Miller v. DaSilva – protective order objections

2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…

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Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…

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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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Do letters vouching for one’s character really matter?

My lawyer asked me to get letters of my character from my friends for family court to introduce as evidence, but do they really matter and is 12 enough? Do…

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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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Johansen v. Johansen – 2021 UT App 130 – compliance with court rules

2021 UT App 130  THE UTAH COURT OF APPEALS  COLTEN JOHANSEN,  Appellee,  KATHY JOHANSEN,  Appellant.  Opinion  No. 20200234-CA  Filed November 26, 2021  Second District Court, Ogden Department  The Honorable Joseph…

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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 …

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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…

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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…

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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:…

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Law from a legal assistant’s point of view, week 22: The Rule of Law

By Quinton Lister, legal assistant Rule of law. The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.  My time as a legal assistant for a divorce…

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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,…

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What is a court order and its types?

Here’s the definition from Black’s Law Dictionary (11th ed. 2019):  order n. (16c) 1. A command, direction, or instruction. See MANDATE (1). 2. A written direction or command delivered by a government official, esp. a court or judge.…

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