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.…
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…
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,…
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…
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…
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,…
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…
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…
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…
2023 UT App 55 – In re F.C.G.
2023 UT App 55 - In re F.C.G. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF F.C.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. L.C.G., Appellant,…
Who Has Custody of a Child if There Is No Court Order?
I can answer this question as the law applies in the jurisdiction where I practice divorce and family law (Utah), and you may find my answer useful in conducting the…
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…
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…
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…
Can the Non-custodial Parent Consent to a Tattoo for His/Her Minor Child?
Can my non-custodial parent consent to a tattoo for me? I'm a minor and my mom has full custody of me. She’s thought about allowing a tattoo but has never…
Can a Person Who Has Custody of a Child Take That Child Out of State?
Unless a statute, court rule, or court order provides otherwise, yes (you will want to ensure you consult the governing law for your particular jurisdiction). That power to travel out…
Why Should Divorce Not Be Legalized?
There is no rationally or morally justified reason for making divorce illegal in any and all circumstances. That stated, most would agree that while it was instituted with the best…
Artificial Fraudulence
Seth Godin stated it well when he wrote, "The ease with which someone can invent and spread lies [with advancing technology] is going to take most of us by surprise.…
Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award
Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in…
Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?
I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…
Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…
Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity
2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20,…
Can I Lose Custody of My Son if I Was a Victim in a Strangulation Case of Domestic Abuse?
It is possible, but not a given. Why? If the court determines that the circumstances under which you were a crime victim were created or exacerbated by you in whole or in…
When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?
Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if…
If Parents Are Unable to Care For Their Children, Do Grandparents Have the Legal Right to See Them?
I cannot answer this question as the law applies in every jurisdiction, but I can give you the answer as the law applies in Utah, which is the state where…
State In Interest of B.W. – 2022 UT App 131
State In Interest of B.W. - 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years…
Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules
2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork…
In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication
In re K.K. - 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In re K.K. – 2023 UT App 13
In re K.K. - 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Knowlton v. Knowlton – 2023 UT App 16
Knowlton v. Knowlton - 2023 UT App 16 THE UTAH COURT OF APPEALS SHONDELL SWENSON KNOWLTON, Appellee, v. BRADLEY LEWIS KNOWLTON, Appellant. Opinion No. 20200483-CA Filed February 9, 2023 Second…
Mintz v. Mintz – 2023 UT App 17
Mintz v. Mintz - 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed…
In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity
In re J.E. - 2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant,…
Myers v. Myers 2023 UT App 20 – Alimony Modification
Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March…
The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules
From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277
Wellman v. Kawasaki – 2023 UT App 11 – Alimony
2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable…
In Re A.H. – 2022 UT App 114 – Termination of Parental Rights
2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
When the Spouse Who Moved Out Does Not Get His Stuff by the Deadline of the Final Divorce Agreement, Can the Other Spouse Who Bought Out Marital Home Keep It or Sell It?
Great question, and one that arises often in divorce. If the decree of divorce provides for what happens to unclaimed/unpossessed property, you would rely on the court’s orders as articulated…
In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity
2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH,…
In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse
2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH,…
What Steps Can You Take To Get a Reform on Child Support Law?
This is controversy that’s been raging for decades, but we could be at a tipping point soon. The question is what will it take to reach it? Having money always…
What Are the Divorce Laws in Utah?
While visiting a lawyer’s website is not a bad place to look for answers to this question, it is not the best. If you want to know the divorce laws…
See Clearly to Succeed in Divorce
Click here to see what a flower looks like to a human eye and to see what the same flower looks like to a honeybee’s eyes. How you perceive the…
What Are the Divorce Laws in Utah?
This is a good but very broad question. Here, in a nutshell, is a good way to start learning the answer: If you want to know the divorce laws in…
Is 50/50 custody likely when the parents live in the same neighborhood?
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
Do I have to pay the court to go to trial?
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
How do you get pet custody after a breakup?
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
Does the statute that enables a spouse to not testify against their spouse carry over into divorce if the alleged crime took place during the marriage?
I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law. In…
Can a child who wants to, testify of his/her desires regarding the child custody award?
Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…
What can I do if my ex won’t stop taking me to court?!
My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she…
How do you change the name on a deed after a divorce?
In Utah (where I practice divorce and family law), there is more than one way to transfer title to the marital home (assuming the parties own a home), but the…
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