No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The…
MCQUARRIE v. MCQUARRIE - 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5,…
In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…
Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s…
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…
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…
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…
As a lawyer, do you typically trust what your clients say? I don’t represent people or causes in whom I don’t believe. That is not true of all attorneys, as…
What is a complete list of reasons someone can file child support that cannot be fought? There is no such list; however, here is my list of pretty dang safe…
In Re A.R.F. 2021 UT App 31 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R.F. AND M.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant,…
Is it legal for a teenager to disobey the court-ordered child custody schedule? Is it legal for a teenager to refuse to comply with the court-ordered child custody and/or parent-time…
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…
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…
How does emancipation of a minor child work in Utah? Utah law provides a way for a minor child (a child under the age of 18 who is not yet a legal…
We need more consistency in family law, more predictability. Divorce lawyers who know the law deserve commissioners and judges they can expect to be consistent and predictable. Cases with similar facts too rarely have similar outcomes because…
If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible…
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
My ex allows our children to watch TikTok. Is this grounds for seeking full custody? I forbade my child from watching TikTok because I worry it lowers IQ. However, my…
I know a friend on TikTok who has a lot of severe PTSD and trauma due to several incidents, and he also has abusive parents. How can I report him…
How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or…
Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is…
Today’s post features Seth Godin’s blog (the link to his blog post is provided below). After you read it, ask yourself whether can you guess why this Seth Godin blog…
Does marital law really allow change of surnames? Can a couple be legally married without change of last names? While in the U.S.A. traditionally women would (and many still do)…
On October 2, 2020, the Utah Supreme Court and Utah Judicial Council issued an updated Administrative Order. The Order included the following change: In Forcible Entry and Detainer cases, requires plaintiffs to…
What quality about lawyers do you like the least? I am a lawyer and I deeply dislike most lawyers, especially divorce lawyers (of which I am one). Why? I find…
Are your in-laws still your in-laws if your spouse passes away? One’s marriage does not bestow any kind of secular/civil legal relationship or status of any kind upon the family…
“When you want to help people, you tell them the truth. When you want to help yourself, you tell them what they want to hear.” ― Thomas Sowell
Divorce litigation in a nutshell: Let me get this straight; I caught you lying, you denied it, I proved beyond any doubt, and now you are mad at me? --------------…
Why aren’t lawyers required to be sworn under oath in a court of law? Because the lawyers aren’t testifying. The only people who are sworn to tell the truth are…
A "good" divorce lawyer isn't much good if you can't afford him/her. Sometimes, but rarely, does it make sense to hire a divorce lawyer who does an excellent job with…
What is the quality difference between a free lawyer (state supplied) and a lawyer you pay for? A free lawyer and legal services are, in most circumstances, better than no…
https://www.utcourts.gov/opinions/supopin/State%20v.%20Norton20200713_20180514_46.pdf This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 46 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent,…
Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in…
I hope yours is a happy Father's Day. For many of you, it won't be, it hasn't been for years, and it's a shame. First, know that I know there…
What will it take for America to finally say "no more guns"? When every single American believes (falsely) that guns are not necessary for any purpose whatsoever. And since there…
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
Alternative Dispute Resolution in Domestic Relations Submitted by Eric K. Johnson Alternative Dispute Resolution in Domestic Relations Let’s Learn Some Useful Statutes and Rules See Utah Code § 30-3-39. Mediation…
What actions can a lawyer take if he or she feels a judge is bullying him and violating the law? Here are the rules for my jurisdiction (Utah) that governs…
What should you do when your married daughter won't move her belongings out of her old room in your house and won't let you move her stuff either? First, you…
If I start crying in court, will that help my case? This is a good question. An old and frequently asked question, but still a good question. The answer is:…
What did someone do while speaking to a judge that made you say “You gotta be kidding me”? “Your Honor, I ask that you look beyond the evidence . .…
Like a special master or parent time coordinator? That kind of supervisor? Generally speaking, in my experience and opinion, while they appear to be a good idea in concept, in…
Do you think it’s fair that a judge temporarily stripped Dr. Theresa Greene, of North Miami, of custody of her 4-year-old daughter because the doctor works with COVID-19 patients? Do…
Today's question is: Do you think coronavirus and the quarantine will trigger an increase in divorces? Answer: Without question. There are obviously some legitimate reasons to curtail or even totally…
Do too many people have unrealistic expectations of what a marriage should be? Is this part of the reason why the divorce rate keeps increasing? Yes and yes. https://www.quora.com/Do-too-many-people-have-unrealistic-expectations-of-what-a-marriage-should-be-Is-this-part-of-the-reason-why-the-divorce-rate-keeps-increasing/answer/Eric-Johnson-311
Why do you feel lawmakers are qualified to determine what abuse is punishable? I don’t think legislators are particularly well qualified to determine what constitutes abuse or how abuse should…
https://www.ksl.com/article/46722214/utah-woman-takes-plea-deal-in-case-of-stepchildren-seeing-her-topless
This opinion is subject to revision before final publication in the Pacific Reporter In re G.J.P. - 2020 UT 4 - IN THE SUPREME COURT OF THE STATE OF UTAH…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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