State v. Wardle – 2024 UT App 181 – Utah R. Evid. 506, Privileged

State v. Wardle - 2024 UT App 181 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DOUGLAS LAWRENCE WARDLE, Appellant. Opinion No. 20230761-CA Filed December 12, 2024 Third…

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State v. Smith – 2024 UT App 82

State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…

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My Husband Is Forcing Me to Get My Inheritance From Court From My Ex-husband’s (Deceased) Brothers Otherwise He Will Divorce Me. What Should I Do?

Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are…

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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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When my BPD ex filed for divorce, she went silent on me (provocations, mixed or erratic social media behavior stopped). I counter filed for divorce. Now she’s back to old behavior, unblocked me, jealousy baiting me (bluffing). What is her goal?

If you described your wife accurately, she’s probably trying to do to you exactly what you suspect: annoy, worry, anger, embarrass, and provoke you. You’re wiser than most to ask…

Continue ReadingWhen my BPD ex filed for divorce, she went silent on me (provocations, mixed or erratic social media behavior stopped). I counter filed for divorce. Now she’s back to old behavior, unblocked me, jealousy baiting me (bluffing). What is her goal?

U.S. Marriage and Divorce Statistics

My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…

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In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

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What advice would you give to someone who has just started a divorce?

What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost…

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Has anyone ever been able to prove narcissistic abuse in divorce court?

Yes, it happens quite frequently.*   What people don’t understand is that finding a spouse is a jerk usually doesn’t amount to much in the divorce action.   Most people believe—falsely—that if…

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What are the 3 main issues that lead to divorce these days?

Every time you hear about divorce, what are the 3 main issues that lead to divorce these days?  I have been a divorce and family law attorney for 26 years.…

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Can I gain full custody if I’m bipolar?

I don't want anything to do with my child's father. Can I gain full custody if I'm bipolar?  First, thank you for being so candid and blunt. This is a…

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Why would a father give a child’s abusive mother full custody?

Why would a father whose attorney had outed his children's mother as a schizophrenogenic narc monster give her full custody?  “Give?”  If the father had it within his power to…

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How can I reveal my soon-to-be ex as having NPD in our custody case?

How can I reveal my soon-to-be ex as having NPD in our child custody case? You're asking the wrong question. You shouldn't be asking how you can prove your spouse…

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Is it wrong for a parent to go to their adult child for emotional support?

Is it wrong for a parent to go to their adult child for emotional support concerning the parent’s marriage? I am a divorce and family lawyer and a parent, but…

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Why do spurned spouses often refuse to cooperate in their own divorce proceedings?

Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…

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What kind of “damage” can untreated BPD in a parent cause children?

What kind of "damage" can an untreated single parent with BPD/shared custody/ cause to the kids in the long term? Plenty.  Children of BPD parents often struggle with trusting others…

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What is it like to battle for custody with a narcissist?

Miserable.  Narcissists know how to game the system, to exploit its weaknesses, to exploit all that is good in human nature and institutions for destructive ends.  It’s virtually impossible to prove that a narcissist is engaging in such misconduct because one of the things that makes a narcissist a narcissist, and so maddeningly effective…

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Can a narcissist get custody of a child?

Of course. First, even if one could prove a parent suffers from narcissistic personality disorder (NPD), merely suffering from this condition wouldn’t automatically disqualify a parent from being awarded sole…

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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…

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Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges…

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Can a mother lose custody even if the child is still very young?

Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…

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Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?

Are there laws that protect one parent from being a victim of the other parent's continuous reporting, through the other parent's attorney, about violations of a restraining order that are…

Continue ReadingAre there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?

What is the best case law to cite about parental alienation?

What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My…

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Why do pro se litigants fail so often?

Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit,…

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What advice would you give me before divorce, if I’m not in the wrong?

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…

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How do courts view mothers who abandon their family during a divorce?

How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…

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How can we change the court system in order to make divorces easier on the children?

How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…

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Why is it so common for parents to become outright enemies after divorce?

Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs,…

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How does a narcissist continue to fool a family court judge?

How does a narcissist continue to fool a family court judge? How does a narcissist continue to fool a family court judge? Because there's almost never a way to prove…

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Divorcing parents in psychiatric care deny thoughts of self-harm?

Do parents in psychiatric care deny thoughts of self-harm for fear admitting it may impact custody? Is it common for a parent in psychiatric care to make false denials of thoughts…

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Has anyone you know been framed for domestic violence?

I’m a divorce and family lawyer, and so the crimes I see people framed for or manipulated into “committing” are domestic violence types. It’s frighteningly easy to do. Before I…

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Why is it common for the custodial parent to villainize the ex to their child?

I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…

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How do I respond to parental alienation?

What can a parent do if, after the divorce, the other parent who has custody of the child turns the daughter against that parent? A parent in this situation can…

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Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…

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Can I Get the Court to Force My NPD Spouse to Be Tested?

Should I attempt to / is it possible to have my court order my NPD to undergo psychological testing before he can get access to our child? First, let’s break…

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Dealing with Your Spouse During the Divorce Process

QUESTION: What are some pointers that you may have in getting along with your ex-spouse to be during the process of a divorce? What advice do you have to keep…

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Mental Health Professionals: How to Make Good (and honest) Use of Them in Divorce and Child Custody

Many spouses and parents going through a divorce and child custody case may believe there is value in using mental health professionals. This can be true, if you use mental…

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In your experience, how often do divorces get resolved “amicably” after being filed in court?

Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably.…

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What legal rights do I have if my abusive husband makes a false claim against my mental health to get emergency custody of our children?

“What legal rights?” You ask “What legal rights do I have if my abusive husband makes a false claim against my mental health to get emergency custody of our children?”…

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Are family courts biased against parents with diagnosed mental illness when deciding custody?

Are family courts biased against parents with diagnosed mental illness when deciding custody? Yes, they can be, under certain circumstances. A common tactic in child custody disputes is to accuse…

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