Does having the judge interview the children traumatize the children?
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.)?
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…
How do I know if my relationship is abusive? How abusive does it have to be to get sole custody of my children?
How do I know if my relationship is abusive? How abusive does it have to be to get sole custody of my children? How do I know if my relationship…
Does a Restraining Order Prevent Me from Communicating with the School?
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…
Utah Divorce Case Timeline Summary
Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…
In re Adoption of B.F.S – 2020 UT App 149 – venue for adoption vs. venue for petition for determination of rights
2020 UT App 149 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.F.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. HEART TO HEART ADOPTIONS INC., Appellant.…
Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event
2020 UT App 141 - THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo…
Jensen v. Canon – 2020 UT App – tort of fraudulent nondisclosure and willful intent to deceive
2020 UT App 124 THE UTAH COURT OF APPEALS JODI JENSEN, Appellant and Cross-appellee, v. GARY CANNON, Appellee and Cross-appellant. Opinion No. 20190433-CA Filed August 27, 2020 Third District Court,…
In re Adoption of B.H. – 2020 UT 64 – UCCJE and ICPC
This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 64 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Adoption…
In re K.T.B. – 2020 UT 51 Utah Code § 78B-6-110 strict compliance unconstitutional
2020 UT 51 - In re K.T.B. This opinion is subject to revision before final publication in the Pacific Reporter IN THE SUPREME COURT OF THE STATE OF UTAH IN THE MATTER…
How can I choose which of my parents gets custody of me?
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…
Hardy v. Hardy – 2020 UT App 88 – Utah Court of Appeals – civil stalking
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…
Why do people need legal advisors if all the laws can be found on the Internet?
Why do people need legal advisors (I'm not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear:…
Is service of legal papers other than in person fair?
Is service of legal papers other than in person fair? I recently received a follow up question on this original question I answered on Quroa: How can I sue someone…
New Developments in Utah Law Governing Termination of Alimony
New developments in Utah case law governing the termination of alimony with the case of Scott v. Scott. In this case, the ex-husband moved to terminate alimony and won. The…
Scott v. Scott – 2020 UT 54 – termination of alimony
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…
State v. Drommond – 2020 UT 50 – Utah Supreme Court
2020 UT 50 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Appellee, v. DAVID EDWARD DROMMOND, JR., Appellant. No. 20080252 Heard April 30, 2013 Reheard February…
State v. Norton – 2020 UT 46 – Utah Supreme Court
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,…
Retirement now a potential ground for modifying alimony
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
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…
Is having an affair illegal in Utah? Not anymore.
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…
What is the “right of first refusal”? Is it a statutory right in Utah?
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…
In re D.M. – 2020 UT App 59 – termination of parental rights
2020 UT App 59 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.M., Appellant, v. STATE OF UTAH,…
What’s the difference between legal custody and physical custody?
Here's a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is…
Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020
Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020: Second District NOTICE REGARDING DOMESTIC CASES AND COVID-19 As commissioners in the Second District Court, we anticipate…
2020 UT App 52 – In re J.M. – termination of parental rights
2020 UT App 52 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M. AND M.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF…
2020 UT App 50 – In A.T. – parental presumption erroneously applied
2020 UT App 50 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.T., J.T., AND K.B., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.B., Appellant, v. STATE…
2020 UT App 35 – V.M. v. Division of Child and Family Services
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 – Petrzelka v. Goodwin – alimony, income, retirement funds
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 – UTAH COURT OF APPEALS – common law marriage
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…
In re G.J.P. – 2020 UT 4 – UTAH SUPREME COURT
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…
2020 UT App 14 – UTAH COURT OF APPEALS – QDRO drafting, rule 60(b)
2020 UT App 14 - THE UTAH COURT OF APPEALS REGGIE ANN PECK, Appellee v. KEVIN SCOTT PECK, Appellant. Opinion No. 20180732-CA Filed January 24, 2020 First District Court, Logan…
How can I get my high-conflict ex to violate any terms of our court order?
How can I get my high-conflict ex to violate any terms of our court order? He operates within the confines of the legal language, but harasses and torments me at…
Is bigamy legal in America?
No, not yet. Why do I state “not yet”? Because now that the right of marriage has been extended to same-sex couples, it’s easy to imagine a logical and legally…
2019 UT App 208 – In re E.R. – termination of parental rights
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 – In re H.F. incorrect analysis terminating parental rights
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 206 – State v. Alires – ineffective assistance of counsel
2019 UT App 206 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. PHILBERT EUGENE ALIRES, Appellant. Opinion No. 20181033-CA Filed December 19, 2019 Third District Court, Salt…
2019 UT App 202 – State v. Baize – protective order challenge
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…
2019 UT 73 – Olguin v. Anderton – UUPA standing
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 – UCCJEA
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,…
2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen – standing to establish paternity
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…
2019 UT 71 – Utah Supreme Court – Castro v. Lemus – standing to establish paternity
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 – Peeples v. Peeples – modification of child custody
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…
Is it OK to fill out divorce documents by hand in ink, or must they be typed?
It depends upon the court rules of the jurisdiction in which you would be filing your divorce documents are to be filed. In Utah, where I practice divorce and family…
Are irreconcilable differences the same as an at-fault divorce?
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…
Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony
2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…
Why don’t the police help more with custody and parent-time enforcement?
In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes…
Why can a child refuse to live with a parent as court ordered?
Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to…
State v. Popp – 2019 UT App 173 – divorce and sexual abuse of children
2019 UT App 173 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JUSTIN WILLIAM POPP, Appellant. Opinion No. 20180224-CA Filed October 31, 2019 First District Court, Brigham City…
In re L.M. – 2019 UT App 174 – reasonable reunification services
2019 UT App 174 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF L.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant v. STATE OF UTAH,…