The Protective Order Deception
We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your…
What are the divorce laws in Utah?
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…
Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?
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…
How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work
Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint…
I’m a child whose parents are divorcing and fighting over custody. What can I do?
I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn't want to take me to court to present my…
When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?
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…
In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?
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 – termination of continuation of alimony
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 – Utah Court of Appeals
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…
If the father got the child custody, will the mom pay for child support?
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…
What happens to a child support order if both parents move out of the country?
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…
How can I get an emergency hearing for custody and child support?
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…
What is the success rate of having a court-appointed legal aid?
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…
Does saying after an answer “I truly believe that”, “it truly is”, damage your credibility as a lay witness in court or is it better to don’t add this type of qualifiers?
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…
Would you support changing the law in each and every single U.S. state to make it crystal-clear that people have an unlimited insurable interest in their own child support obligations as well as in their family members’ child support obligations?
No. I do support that idea that one’s own child support entitlement should be an insurable interest in the amount of the entitlement itself (meaning that if you are the…
Are mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?
No, mothers are not being treated "worse" by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have…
What are the laws for joint custody?
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…
In re A.B. – 2021 UT App 91
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…
Law from a legal assistant’s point of view, week 7: You got to be tough
By Quinton Lister, Legal Assistant The practice of family law takes a thick skin. I haven’t been at the job long (and I’m just a legal assistant), but it’s obvious that you got to be tough to do…
Law from a legal assistant’s point of view, week 6: We jump out of airplanes
By Quinton Lister, Legal Assistant I wake up with a knot in my stomach every morning. I am not sharing that to get sympathy or to indicate that anything is…
Pro-fairness and Pro-child
Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a…
Law from a legal assistant’s point of view, week 5: Judges
By Quinton Lister, Legal Assistant Gaining experience in the legal field has opened my eyes to how important the position of judge really is in the United States of America (and in…
Law from a legal assistant’s point of view, week 4: Trial by fire
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
Law from a legal assistant’s point of view, week 3: Who is watching the court?
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…
Considering the high cost of child support, does anyone believe that the non-custodial parent is obligated to pay too much for the child’s care? When in a lot of cases where there is split time, one parent is still custodial.
Child support in the jurisdiction where I practice divorce and family law (Utah) is, in my experience and estimation, not too high or too low. I’ll explain (in basic terms)…
2021 UT 33 – Gillman v. Gillman
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.…
Is the lifestyle of a lawyer too stressful for most?
Yes. Even most of the lawyers who don’t quit the practice of law can barely stand it. I have met some lawyers who claim that their jobs are not stressful.…
I was awarded joint equal custody of my children, but in practice I have them with me more. Their mother’s income is at least equal to (if not greater than) mine. Could I be entitled to child support?
This is a good question and a question that comes up often. I will answer your question as it would apply to the law of Utah, which is the jurisdiction…
Where or who do lawyers look to when they need a lawyer?
I ask my lawyer friends (few though they are because with few exceptions I find lawyers to be generally perfidious people, and I don’t like perfidious people), or, if my…
2021 UT App 77 – Miner v. Miner – alimony, attorney fees
2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court,…
Law from a legal assistant’s point of view, week 2: Pile higher and deeper
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…
MacFarland v. MacFarland – 2021 UT App 58
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…
Law from a Legal Assistant’s Point of View, Week 1: It’s all new to me
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…
The Utah courthouses will be re-opening soon. Don’t go back!
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 . .…
Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees
Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…
Do courts make awards in divorce to “punish” adultery?
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…
Ward v. McGarry – 2021 UT App 51
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. …
In re A.H. – 2021 UT App 57, Ineffective Assistance, Reasonable Efforts
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…
Do you automatically lose your kid if CPS takes you to court?
No, but if CPS or DCFS or DFS or whatever your jurisdiction calls that particular agency of the state filed an action in court to place your children in foster…
Can I get a stalking injunction against someone in a different state who stalks via social media?
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…
Why should I pay child support if the other parent isn’t asking for it (and doesn’t need it)?
This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice…
After a divorce, should my kids be with me or with the mom?
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…
How do I console a father who has lost custody of his child?
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
Good news, for parents deserving of joint equal physical custody
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
2021 UT App 28 – Utah Ct. Appeals – In re C.Z.
2021 UT App 28 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.Z., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.Z., Appellant, v. STATE OF…
S.B. 122 just passed! So what? Joint equal physical custody.
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…
S.B. 122 passes, despite opposition from the State Bar Family Law Section.
S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section's stated opposition to the first iteration of S.B. 122 and…
In court cases, how does taking an oath make any difference?
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…
Allen v. Allen – 2021 UT App 20 – custody, alimony, child support
Allen v. Allen - 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No.…
Why does someone need an attorney when they can just defend themselves in court?
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?…