Uncategorized

In re J.S., 2017 UT App 113 (July 13, 2017) THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.S., A PERSON UNDER EIGHTEEN YEARS OF AGE.…

Can I get arrested if I go and try to trace my child? The child is born to her French mother in Lyon, France. It has been two months and…

Does a married woman need to take her husband's approval for donating her eggs to her sister's IVF? To find the answers in the Utah Code, see Title 78B, Chapter…

Can my father remove me from his owned/rented home? Is this legal? QUESTION: Does a child have right to stay inside father's owned/rented home? Is there any age limit? ANSWER:…

Is the Martindale-Hubbell AV rating meaningful anymore (for family law attorneys especially)? QUESTION: Is the Martindale-Hubbell AV rating meaningful anymore (for divorce and family law attorneys especially)? ANSWER: Consulting Martindale-Hubbell…

Can a GAL decide that my ex can order me to drug test in our custody case? ANSWER: While, in Utah, only your judge or commissioner can make orders, sometimes…

What are the rights of a husband who disagrees with his wife about what religious school their children go to? QUESTION: I want to remove my kids from Catholic school…

Can GAL decide that my ex can order drug test in custody case? While only your judge or commissioner can make orders, sometimes guardians ad item, or GAL's, as they…

How does one lose custody at a hospital? Very generally speaking, a parent or parents can “lose custody” of their children at a hospital (or clinic or doctor’s office) if…

Regarding Islamic divorce: Can an Islamic marriage contract be enforced in Utah? Question detail: In a Bangladeshi Muslim marriage contract, a man can unilaterally divorce the wife, but the wife…

How will a custodial parent keeping a child from the non custodial parent affect custody arrangements? Know up front that I am not a father’s rights advocate. I am not…

Collection of unpaid child support (child support arrearages) Question: If a child support obligor is in arrears, but so much in arrears that it is likely ORS won't be able…

Can I Use Home Equity to Finance My Divorce Case? Question: If I don't have a lot of money but have substantial home equity[1], and really need a good attorney,…

My ex has the children this year over the July 4th holiday according to statutory guidelines. I've read the statute, but I don't understand what it means. Can you explain…

I don't like what I named my son anymore. What should I do? He's about to be 2 years old. Eric Johnson, Attorney at Utah Family Law, LC https://www.quora.com/I-dont-like-what-I-named-my-son-anymore-What-should-I-do-Hes-about-to-be-2-years-old/answer/Eric-Johnson-311 In…

What can a 6 or 7 year old boy do to make his narcissistic father lose all interest in him? This is in my son’s best interest - his father…

What is family law? Black's Law Dictionary (Bryan A. Garner, Editor in Chief, 10th ed. 2014), family law: family law (1919) 1. The body of law dealing with marriage, divorce,…

In re B.J.V., 2017 UT App 57 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.J.V., A PERSON UNDER EIGHTEEN YEARS OF AGE. B.A.V., Appellant, v.…

In re K.K. 2017 UT App 58 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., J.R.K., AND M.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. L.K.,…

How Much Time, Money and Misery Will Divorce Cost Me? And How Can I Keep It All to a Minimum? People ask us, “How long does the divorce process take?”…

Home upgrades that buyers want "Homeowners are sometimes hesitant to upgrade when it's time to sell," said Andrea Browne Taylor in Kiplinger.com. After all, they will be living in their home for…

What is a Certified Copy of My Decree of Divorce, and Why Would I Need One? Welcome back to client school. So you just received copy of your decree of…

Lindsey v. Lindsey - No. 20150720-CA - 2017 UT App 38 https://www.utcourts.gov/opinions/appopin/Lindsey%20v.%20Lindsey20170302.pdf On March 2, 2017, the Utah Court of Appeals issued its decision in the case of Lindsey v.…

IN THE SUPREME COURT OF THE STATE OF UTAH Snyder v. Hertzske (2017 UT 4) TYLER HERTZSKE, Appellee, v. LINDA SNYDER, Appellant. No. 20150735 Filed January 18, 2017 On Direct…

Question: Can the interest on child support be dismissed in bankruptcy in Utah? Question Detail: The principal is all paid, but the buildup interest is still owed. Can it be…

What advice do you have for a parent who is forced to share custody of a child with a covert narcissist? I don’t claim to have “the” answer, but from…

How Much Alimony? Question: How much alimony will be awarded if the one seeking alimony was married for 17 years, is unemployed, has a health issue, the other spouse’s income…

Interesting Problems Today's video comes from Seth Godin's blog (he didn’t write this for me, I just love his work and how well it applies to my work as a…

Lindsey v. Lindsey - No. 20150720-CA - 2017 UT App 38 THE UTAH COURT OF APPEALS RICK J. LINDSEY, Appellee, v. KAREN M. LINDSEY, Appellant. Opinion No. 20150769-CA Filed March…

Can I use old photos of DV as evidence to limit my child custody visit with my abuser? My older child refuses to see his dad because he's become verbally,…

All Men Are Created Equal: A Proof for the Presumption of Joint Physical Custody The value of legal presumptions. Rebuttable legal presumptions reduce litigation by mandating that certain inferences be…

2017 Legislative Session Senate Bill 29 (SB29)[embedyt] https://www.youtube.com/watch?v=FRbPO_cTKCE[/embedyt] Senate Bill 29 is entitled “Utah Marriage Commission Amendments” It proposes: to increase the marriage license fee by $20 (so that the…

Pope v. Pope 2017 UT App 24 THE UTAH COURT OF APPEALS GREG J. POPE, Appellant, v. CARMEN R. POPE, Appellee. Memorandum Decision No. 20150869-CA Filed February 9, 2017 Third…

In re S.K.A. (2017 Ut App 12) The Utah Court of Appeals STATE OF UTAH, IN THE INTEREST OF S.K.A, A PERSON UNDER EIGHTEEN YEARS OF AGE. S.K.A., Appellant, v.…

Seth Godin and “Most vs. Enough”  [embedyt] https://www.youtube.com/watch?v=pxMCBTNMXCM[/embedyt] Today’s video is adapted Seth Godin’s blog post entitled “Most vs. Enough.” Here is the link to Seth’s blog and the full…

Just Ends Don't Justify Wicked Means Seth Godin wrote on his blog (https://feeds.feedblitz.com/~/271539552/0/sethsblog~Nothing-wrong-with-having-standards.html): “Nothing wrong with having standards” This is the snarky feedback of someone whose bias is to hustle…

Losing by Winning This riff was inspied by Seth Godin's blog. Here's the link. The title is: Losing by winning. In most interactions, you're capable of winning. If you push…

How Do I Find a Good Lawyer I Can Trust? Easy (-er said that done, but still easy to give you the sure-fire directions). In my opinion, after more than…

As a kid in a 50-50 shared custody arrangement, what helped, or would have helped, you go through it? May I weigh in here, even though I’m not a child…

A Divorce Crystal Ball You know what largely inspires me and keeps me going in the world these days? People I envy. Not the Socratic "ulcer of the soul" kind…

2017 Legislative Session Senate Bill 29 (SB29) – don’t let it be a triumph of stupidity Senate Bill 29 is entitled “Utah Marriage Commission Amendments” It proposes: to increase the…

How Many Overnights Does the Parent Who Exercises Parent-time Under Utah Code § 30-3-37 Get? When divorced parents reside 150 miles or more from each other, they often follow the…

In re D.N. 2016 UT App 244 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.N., O.A., AND N.A., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.A.,…

In re D.N. 2016 UT App 244 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.N., O.A., AND N.A., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.A.,…

In re A.B. 2017 Ut App 14 On January 26, 2017 the Utah Court of Appeals issued its decision in the case of In re A.B. The link to the…

Do I have to pay child support if the child does not live with the court-ordered custodial parent? QUESTION: In our divorce primary custody of the children was awarded to…