A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
I'm beginning to realize that the amount of subjectivity involved with custody evaluation findings and conclusions is almost absolute, when you have two fit parents; meaning that somebody could ask…
We’ve all heard some version of this story: the dramatic, knock-down, drag-out divorce. Where every move is a power play and every lawyer is part strategist, part saboteur. If you're…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…
2025 UT App 43 THE UTAH COURT OF APPEALS VICKI JO NELSON, Appellee, v. JAMES Q. NELSON, Appellant. Opinion No. 20230483-CA Filed March 27, 2025 Third District Court, Salt Lake…
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
It depends on how you reached this point, and how much time, if any, you have to fix it. If circumstances relevant to the child custody award have materially and…
Warning: my answer is blunt, and it is directed primarily at women/mothers who make (or contemplate making) false claims, but even if you are not making or contemplating making a…
In family law proceedings, particularly those involving child custody disputes, courts frequently order parents and children to engage in mental health therapy. While the ostensible intent behind these orders is…
In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…
Great, great question. First, fairly and accurately. Do not selectively cite the other parents communications with you and with others. If you do that, your credibility suffers. Second, relevantly. So…
An unscrupulous opposing party and his/her attorney can find many benefits to delaying the progress of a pending court case, so it comes as no surprise if and when you…
When it comes to divorce trials, one of the most pivotal decisions you’ll make is who to call as a witness. Testimony from well-chosen witnesses can offer critical insights into…
I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…
It could have happened as alleged I find the applicant credible (but I won’t mention that a) I also find the respondent equally credible; or b) I can’t articulate a…
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
In Utah child custody disputes, the voices of children are almost always filtered through court-appointed private guardians ad litem (PGALs) and/or custody evaluators. These intermediaries will claim to represent what…
Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…
Most of the answer to your question lies in your question itself. If you should be winning the arguments in your case but are losing “due to lack of representation,”…
Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…
In your divorce case, you, your spouse (or other parent) and your children may be required to undergo a custody evaluation. The custody evaluation is governed by Utah Code of Judicial Administration Rule…
There are some genuinely nice men and women serving in law enforcement. That stated, any time when a law enforcement officer is asking you questions, be aware that 1) law…
Divorce is one of the most difficult things that someone can experience. Many in the field of psychology rank divorce just behind a spouse’s death on lists of the most…
The overwhelming majority of judges and domestic relations commissioners in Utah will refuse to have the interview of children who are the subject of child custody disputes recorded by sound-and-visual…
Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…
Many people believe that everyone bends the truth from time to time. While the typical “no, that dress does not make you look fat” white lie in your everyday interactions…
I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…
Small v. Small - 2024 UT App 173 THE UTAH COURT OF APPEALS NATHAN DALE SMALL, Appellant, v. TRISHA DAWN SMALL, Appellee. Opinion No. 20230487-CA Filed November 29, 2024 First…
On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…
State v. King - 2024 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v.. PHILLIP MASON KING, Appellant. Opinion No. 20210710-CA Filed October 24, 2024 Second…
Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…
LUTHY, Judge: ¶1 James A. Williamson appeals from his convictions on three counts of sexual exploitation of a minor. He contends that a police search of his residence violated his constitutional…
Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…
Yes. Yes, it can. This does not mean that everything you post on social media will be used against you. Some statements on social media are pretty hard to find fault…
Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…
Thorup v. Thorup - 2024 UT App 93 THE UTAH COURT OF APPEALS MONA THORUP, Appellee, v. MARCUS THORUP, Appellant. Opinion No. 20220583-CA Filed July 5, 2024 Third District Court, Salt…
2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…
Taking your divorce case to trial is almost always a long, complicated, and emotionally exhausting process. You may be tempted to believe you can leave all of the work to…
I would say this: By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request. If the request lacks the support…
I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in…
Did you see this in the news in Utah (from the Salt Lake Tribune)? A Utah man never hit his wife — until he tried to kill her. But how…
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
I recently accompanied my boss to the trial of a divorce case. If I had had to place a bet on what the judge was thinking at given moment or…
State v. Arce - 2024 UT App 43 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOSE FELIPE ARCE, Appellant. Opinion No. 20220006-CA Filed March 28, 2024 First…
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic…
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both…
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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