In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its…
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 re Z.C.W. - 2021 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.C.W. AND C.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D., Appellant, v. C.L.W., Appellee. Opinion No. 20200039-CA Filed September 23, 2021 Third District…
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…
For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of…
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…
It is sad, but I think that becoming a legal assistant has made me want to be more engaged with civic processes. It is not sad that I want to…
In Utah, that question has been thoroughly discussed on the subject of grandparent visitation rights in the case of Jones v. Jones. and if you don’t want to read the…
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
ttps://www.utcourts.gov/opinions/appopin/In%20re%20A.H...20210528_20190846_57.pdf In re A.H. - 2021 UT App 57 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.H., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190846-CA Filed…
How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon…
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…
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…
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 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?…
What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with…
There is nothing a GAL could learn how to do that a judge cannot also learn how to do equally well. This post is the ninth in series of 15…
If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child? This post is the seventh…
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…
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…
When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)? In Utah, where I practice divorce…
Does a Restraining Order Prevent Me from Communicating with the School? If a school age child has a restraining order against a parent prohibiting him from coming within a certain…
How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get…
2020 UT App 88 THE UTAH COURT OF APPEALS KAREN HARDY, Appellee, v. BRIAN NEIL HARDY, Appellant. Opinion No. 20190496-CA Filed June 11, 2020 Fifth District Court, St. George Department…
2020 UT App 114 https://www.utcourts.gov/opinions/appopin/In%20re%20C.M.R...20200806_20190808_114.pdf THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.M.R., B.T.R., P.J.R., F.S., AND O.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. C.S.,…
This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 54 IN THE SUPREME COURT OF THE STATE OF UTAH JILLIAN SCOTT, Appellant, v. BRADLEY…
I recently participated in a hearing before a domestic relations commissioner in which the commissioner refused to interview a child and ordered a guardian ad litem (GAL) appointed, even though…
What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or…
Retirement now a potential ground for modifying alimony award In the 2020 legislative session the Utah State legislature amended the Utah Code to provide that “regardless of whether a party's…
New Law: Collection Fees for Unpaid Child Support and Alimony In the 2020 legislative session the Utah State legislature passed a new law, Utah Code section 30-3-3.5, which provides that…
New Child Support Enforcement Penalties! In the 2020 legislative session the Utah State legislature passed a new Utah Code section, section 23-19-5.5. This new law--effective July 1, 2021--provides that an…
When the fall school break parent-time period begins was a common question that the Utah State legislature addressed in the 2020 legislative session by making a clarifying change to the…
2020 UT App 77 THE UTAH COURT OF APPEALS CARMELITA VOLK, Appellee, v. JOHN VECCHI, Appellant. Opinion No. 20180776-CA Filed May 14, 2020 Third District Court, West Jordan Department The…
Is having an affair illegal in Utah? It used to be, but as of the 2019 legislative session, it's not anymore. Adultery used to be a class B misdemeanor. Utah…
2020 UT App 73 THE UTAH COURT OF APPEALS ALICIA W. KOEHLER, Appellee, MARK STEWART ALLEN, Appellant. Opinion No. 20190395-CA Filed May 7, 2020 Fourth District Court, Provo Department The…
What is the "right of first refusal"? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time "right of first…
2020 UT App 35 THE UTAH COURT OF APPEALS V.M., Appellant, v. DIVISION OF CHILD AND FAMILY SERVICES, Appellee. Opinion No. 20180906-CA Filed March 5, 2020 Fourth District Juvenile Court,…
2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The…
2020 UT App 21 - THE UTAH COURT OF APPEALS JULIE RIVET, Appellant, v. LOUIS HOPPIE, Appellee. Opinion No. 20181018-CA Filed February 13, 2020 First District Court, Logan Department The…
2019 UT App 208 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF E.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant, v. STATE OF…
2019 UT App 204 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.F., Appellant, v. E.F., Appellee.…
2019 UT App 202 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American…
This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 73 UTAH SUPREME COURT JIMMY OLGUIN, Appellee, v. MARIE ANDERTON and CHRISTOPHER ANDERTON,Appellants. No. 20180098…
2019 UT App 201 – Bradshaw v. Pelley-Whelan THE UTAH COURT OF APPEALS CAIRO BRADSHAW, Appellant, v. CHRISTOPHER PELLEY-WHELAN, Appellee. Opinion No. 20181003-CA Filed December 12, 2019 Third District Court,…
This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 - Utah Supreme Court - Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY…
This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 71 – Utah Supreme Court OSCAR CASTRO, Appellant, v. MARI TERESA LEMUS, Appellee. No. 20180094…
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
No. There are two kind of grounds for divorce: fault and no-fault. Irreconcilable differences are an example of no-fault grounds for divorce. Before no-fault divorce laws were passed (and every…
Inability to care for a child is not the same as abandoning a child. If a parent (father or mother) were to “refuse custody” of his/her child, that would be…