What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent…
Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be…
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
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…
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…
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
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…
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…
Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina…
Noel v. James - 2022 UT App 33 THE UTAH COURT OF APPEALS MICHAEL EARL NOEL, Appellee, v. WILLIAM THOMAS JAMES, Appellant. Opinion No. 20200565-CA Filed March 10, 2022 Sixth…
Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No. ORS does and cannot collect…
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…
2022 UT App 24 THE UTAH COURT OF APPEALS JOHN DINSDALE HILLAM, Petitioner, v. TARA HILLAM, Respondent and Appellant, v. DUSTIN HANCOCK AS INVESTMENT TRUSTEE, Respondent and Appellee. Opinion No.…
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…
I get this question a lot, and frankly, I am curious to know the answer myself: If you have a dedicated sleeve in your wallet that holds your driver license…
Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina…
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…
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…
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…
By Quinton Lister, legal assistant In the course of my 7 months as a legal assistant to a divorce attorney in Utah, I have already shared some of my thoughts…
Commencing May 21, 2022, a new rule of the Utah Rules of Civil Procedure will be in force: Rule 100A. While I love the intention behind Rule 100A, reviewing the…
What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask…
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…
Are cameras in the courtroom, a cheap form of reality television, or a better way to achieve justice? This is a subject that is near and dear to my heart,…
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…
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…
The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…
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:…
I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This…
Erring on the side of caution is not merely cowardly, not merely corrupt, it is evil. We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than…
I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family…
In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…
I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel…
First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is…
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…
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 THE SUPREME COURT OF THE STATE OF UTAH BROOKELYN GILLMAN, CINDY MAUGHAN, CHANCELOR MAUGHAN, AND JOHN MAUGHAN, Appellants, v. GARY WALKER GILLMAN AND LANCE FINN GILLMAN, Appellees. No.…
Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
With the COVID-19 crisis essentially behind us now (please don't start on the Delta variant) the Utah courts are re-opening the courthouses. And there's nothing wrong with that . .…
Ward v. McGarry - 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. …
It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those…
In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before…
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…
Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first…
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…
This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…
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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