Utah Law

Do family law divorce attorneys of the opposite side stalk and harass their client’s opposition if the client pays for it?

Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules…

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What Does a Legal Assistant Think of Going Pro Se? By Braxton Mounteer

The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…

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Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 3:

The documents your attorney tells you that you must prepare for your case are, in fact, documents that you must prepare for your case. Failure to prepare them and to…

Continue ReadingImportant things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 3:

In re M.M. – 2023 UT App 95 – termination of parental rights

2023 UT App 95 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant, v. STATE OF UTAH,…

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Pgals (Private Guardians Ad Litem) Are a Bad Idea.

Why? You’ll hear the argument that a PGAL should be appointed for a child because we don't want to traumatize children by having them testify on the record. Where is the…

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My Ex-wife Is Married. Should Her and Her New Husband’s Total Household Income Be Used When Determining Child Support?

I really don’t understand why this question gets asked, and it is asked frequently. Actually, that’s not true. I do know why. The people who usually ask this question are…

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Would You Say Before Marriage Always Sign a Prenuptial Agreement, or Would You Never Agree to Signing One? Why?

My opinions on prenuptial agreements have changed over the course of my career as a divorce and family lawyer over the past 26 years. Had you asked me whether I…

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Can a Prenuptial Agreement Be Legally Binding if It’s Signed After the Marriage and Before the Divorce?

I will answer this question in the context of Utah law because I practice law in Utah. The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation…

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In re Harding Trust – 2023 UT App 81 – family trust

In re Harding Trust - 2023 UT App 81 – family trust 2023 UT App 81 THE UTAH COURT OF APPEALS IN THE MATTER OF THE A. DEAN HARDING MARITAL AND…

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Blake v. Smith – 2023 UT App 78 – child custody, child support

Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…

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State v. Hararah – 2023 UT App 77 – domestic violence prosecution

State v. Hararah - 2023 UT App 77 2023 UT App 77 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. HOUSTON RAEFAT HARARAH, Appellant. Opinion No. 20220276-CA Filed…

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What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?

Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view.…

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How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer

Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her…

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My Spouse Tells Me She Is Going to File a Motion for Temporary Orders. What Does That Mean?

I’m just at the beginning stages of a divorce case, but already in the thick of it. My spouse tells me she is going to have her lawyer file a…

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I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?

I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…

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How Is Child Support Determined When the Non-custodial Parent Doesn’t Have a Job, but Is Living on Millions of Inheritance?

This is a more complex question than it might at first appear. First, we need to address the matter of people who confuse beliefs with facts. If I had a…

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The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The…

Continue ReadingThe Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

What does it mean when he tries to avoid a legal fight in court for child custody?

It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not…

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THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion

THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion No. 20200890-CA Filed May 18, 2023 Second District Court, Ogden Department The Honorable Joseph M.…

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As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?

Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and…

Continue ReadingAs a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?

How Creative Writing and Legal Writing are Connected By Braxton Mounteer

How one writes in the legal world and how one writes in the world of creative are both very similar and very different. When I became a legal assistant, I thought…

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In re K.R. – 2023 UT App 75 – termination of parental rights vs. guardianship

In re K.R. - 2023 UT App 75   THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.R. AND R.B., PERSONS UNDER EIGHTEEN YEARS OF AGE.…

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In re M.S. – 2023 UT App 74

In re M.S. - 2023 UT App 74 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. R.S. AND…

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A Changed Perspective on Justice as a New Legal Assistant By Braxton Mounteer

After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system.…

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If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?

There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…

Continue ReadingIf One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?

Knight v. Knight – 2023 UT App 86 – trusts and alimony

Knight v. Knight - 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third…

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After Over Four Hours of Arguments, the People of Utah Now Await the Utah Supreme Court Ruling in the Planned Parenthood Association v. State of Utah Case

Read the following article from the Salt Lake Tribune written by Emily Anderson Stern to learn what happened at the Utah supreme court on Tuesday, August 8, 2023 in the…

Continue ReadingAfter Over Four Hours of Arguments, the People of Utah Now Await the Utah Supreme Court Ruling in the Planned Parenthood Association v. State of Utah Case

Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?

Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…

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Last Week, My Ex Came Into Family Court Smelling of Pot but Still the Judge Favors Her Over Me. What Can I Do?

Does your jurisdiction permit people to make use of marijuana recreationally? Or to make use of it with a doctor’s prescription or a “medical marijuana card”? If so, then smelling…

Continue ReadingLast Week, My Ex Came Into Family Court Smelling of Pot but Still the Judge Favors Her Over Me. What Can I Do?

Does the Utah Constitution protect abortion rights?

Read this article to learn about how the Utah Supreme Court is hearing arguments about elective abortions in Utah and which rights are protected in the state. ; https://www.sltrib.com/news/politics/2023/08/08/does-utah-constitution-protect/

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The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?

This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children…

Continue ReadingThe Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?

If a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?

If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose…

Continue ReadingIf a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?

How Do I Inform a School About Divorce and That Their Father Is Not Allowed to Pick Them Up?

Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring…

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Court Proceedings from the Perspective of a New Legal Assistant By Braxton Mounteer

I have finished my first week as a legal assistant. In that time, I have been to a few court proceedings. Previous to taking this job as a legal assistant,…

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In Re L.L.B. – 2023 UT App 66 – Termination of Parental Rights Reversed

In re L.L.B. - 2023 UT App 66 THE UTAH COURT OF APPEALS IN THE INTEREST OF L.L.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.B. AND H.B., Appellees, v.…

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2023 UT App 65 – State v. Meyer – Parent Charged With Child Abuse

2023 UT App 65 - State v. Meyer THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. ELIZABETH LYDIA MEYER, Appellant. Opinion No. 20210718-CA Filed June 15, 2023 First…

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2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change

2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…

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2023 UT 11 – In Re C.D.S. And W.E.S – Appeal of Termination Parental Rights

2023 UT 11 - In re C.D.S. and W.E.S IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the interest of C.D.S. and W.E.S., persons under…

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2023 UT App 61 – State v. West – violation of civil stalking injunction

2023 UT App 61 - State v. West THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DEBORAH JEAN WEST, Appellant. Opinion No. 20210335-CA Filed June 2, 2023 Fifth…

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2023 UT App 48 – Anderson v. Deem – civil stalking injunction

2023 UT App 48 - Anderson v. Deem THE UTAH COURT OF APPEALS ELLIE ANDERSON, Appellant, v. JACKSON DEEM, Appellee. Opinion No. 20210558-CA Filed May 11, 2023 Fourth District Court,…

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First Impressions of Being a Legal Assistant as a Writer By Braxton Mounteer

The first thing you should know is that I am a writer. I have authored some short stories and some other things you haven’t heard of. I have been a…

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2023 UT App 57 – State v. Schroeder

2023 UT App 57 - State v. Schroeder THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. MICHAEL SCHROEDER, Appellant. Opinion No. 20190339-CA[1] Filed May 25, 2023 Fifth District…

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Do Family Courts Ever Verify the Information a Parent Offers in a Divorce Proceeding, Things Like Income, Housing, Bills, Savings, or Is It Dependent on the Other Parent to Object if the Information Is Fantasy Rather Than Reality Based?

Great question. Your question helped to clarify something I have started to notice more and more among many people who are not divorce and family law attorneys or experienced in…

Continue ReadingDo Family Courts Ever Verify the Information a Parent Offers in a Divorce Proceeding, Things Like Income, Housing, Bills, Savings, or Is It Dependent on the Other Parent to Object if the Information Is Fantasy Rather Than Reality Based?

I’m 14 and My Parents Are Separated and Are Getting a Divorce Soon, but Why Does the Court Decide How Many Times I See My Father and Not Me?

Allow me to start my answer to your question by acknowledging how unfair it is to children of divorce when courts refuse to hear from the children and refuse to…

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I Bought a House, Then Got Married. Me and My Partner Then Divorced. Can She Take the House? This Is in NY.

I am not licensed to practice law in the state of New York, but I will answer your question according to the law of the jurisdiction where I do practice…

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2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings

2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…

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