Is there a difference between hearings and trials in Utah divorce cases?
Yes. A hearing is not the same as a trial. While there may be some similarities, they are not the same thing and do not accomplish the same objectives. The…
House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”
Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…
Why You Should Always Order Audio Recordings By Braxton Mounteer
You may be asking yourself, why should I order from the court a copy of the audio recordings of my court hearings? Shouldn’t the court's own notes in the written…
Evidence and Honesty By Braxton Mounteer
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
The Problem with Private Guardians ad Litem. Part 3 of 3
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
Evidence and Honesty By Braxton Mounteer
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
State v. Fowers – 2023 UT App 128 – violation of protective order
State v. Fowers - 2023 UT App 128 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. THOMAS FOWERS, Appellee. Opinion No. 20220073-CA Filed October 26, 2023 Fourth District Court,…
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…
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.…
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.…
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…
How Long Does a Child Custody Court Hearing Take?
rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…
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.…
What Should I Do When a Family Court Judge Refuses to Look at My Evidence?
What should I do when a family court judge refuses to look at my evidence of abuse because my ex's lawyer lied about me bringing it to him when I…
How Could I Use Transcripts of a Victim Impact Statement to Show the Other Party Has Told Lies in Court and Cannot Be Trusted to Be Honest?
If the statement: is a sworn affidavit or in a form accepted by the court as equivalent to a sworn affidavit; and the content of the affidavit/statement is relevant to…
Should I intentionally botch my hair follicle test?
Would it be better to botch my hair follicle test so it reads nothing, or allow the judge and the world to see what I've been doing the last 6…
How can I make my abusive husband divorce me?
Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t. While you might contrive to motivate your husband to file…
Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery
2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department…
What if your client gets custody when they should not have, due to you?
What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word…
Twitchell v. Twitchell – 2022 UT App 49 – child custody and support
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Noel v. James – 2022 UT App 33 – civil stalking injunction
Noel v. James - 2022 UT App 33 THE UTAH COURT OF APPEALS MICHAEL EARL NOEL, Appellee, v. WILLIAM THOMAS JAMES, Appellant. Opinion No. 20200565-CA Filed March 10, 2022 Sixth…
Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors
Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…
What affects the outcome of court cases more?
What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in…
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…
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,…
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. …
I paid my ex in cash for child support. Will the court give me credit for it?
I paid my ex in cash for child support. Will the court give me credit for it? In Utah (where I practice family law), the answer is: yes. And while…
Father has 50/50 custody. Now ex is trying to take it away. What to do?
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
Recent thoughts about family law
Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I…
State v. Mason – 2021 UT App 41
State v. Mason - 2021 UT App 41 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. VON DEL MASON JR., Appellant. Opinion No. 20190618-CA Filed April 8, 2021…
Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?
Are there laws that protect one parent from being a victim of the other parent's continuous reporting, through the other parent's attorney, about violations of a restraining order that are…
What are the Steps for Getting Divorced in Utah?
What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with…
Why Not Have the Judge Interview the Children About Child Custody?
Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first…
I know a friend on TikTok who has abusive parents. How can I report or get him help?
I know a friend on TikTok who has a lot of severe PTSD and trauma due to several incidents, and he also has abusive parents. How can I report him…
If a parent exceeds parent-time by an hour or so, what can I do?
If a parent exceeds parent-time by an hour or so, what can I do? Our custody order provides that child visitation is 11 a.m. - 4 p.m. My ex and I agreed by e-mail to change it to 10 a.m. to 3 p.m. But now my ex picks…
The biological father of my child filed to establish paternity. He’s unfit and I haven’t been served yet. How can I handle this?
The biological father of my child filed to establish paternity. He's unfit and I haven't been served yet. How can I handle this? My answer applies to both mothers and…
Can you place a lock on your home PC pending a divorce?
Can you place a lock on your home PC pending a divorce? I will answer this question for the jurisdiction where I practice divorce and family law (Utah), but my…
What does a judge ask a child in a custody case?
In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly…
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,…
I represent myself in family court: why does the judge ignore my evidence?
If I go into a custody hearing representing myself, how come the judge will not look at any of my evidence or even give me the chance to talk? It’s…
To whom do you turn to when the police won’t protect you from your ex?
I am a domestic relations attorney. With this in mind, and if you are convinced that you don’t have enough evidence to obtain a restraining order, my answer to your…
Can you get a restraining order against a minor if you’re an adult?
Certainly. Restraining orders are for the protection of the person needing the protection, and if a child is a threat to your life or safety and you can prove that to…
Has Facebook been used in child support cases?
Sure, if it provides evidence relevant to a child support issue. Such as? proof of employment - if the child support obligor claims “I can’t pay support, I don’t have…
Is it legal to record threatening callers? Are recordings admissible?
You question has two parts. Part 1: can you legally record phone calls (or an in-person conversation)? ANSWER: It depends on the jurisdiction. Some states won’t allow you to record…
LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis
2019 UT App 42 - THE UTAH COURT OF APPEALS - LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019…
Nebeker v. Orton – 2019 UT App 23 – custody and parent-time
2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The…
Computer and Online Evidence in Divorce and Child Custody Cases
I learned from this article (see the link below) a few things I didn't know about computer and online evidence in divorce and child custody cases. You'd be wise to read…
Evidence: What will the court admit, and why (relevance vs. materiality)?
The decision of whether to admit or exclude evidence in a hearing or trial belongs to your commissioner or judge. Even on appeal, the evidentiary decisions of the commissioner or…
What are the legal repercussions of posting an email chain between myself and my daughter’s custodial parent exposing her downright shady behavior?
What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…
Munoz-Madrid v. Carlos-Moran – 2018 UT App 95 – alimony
Munoz-Madrid v. Carlos-Moran - 2018 UT App 95 THE UTAH COURT OF APPEALS PATRICIA MUNOZ-MADRID, Appellee, v. MARTIN ROBERTO CARLOS-MORAN, Appellant. Opinion No. 20161013-CA Filed May 24, 2018 Fourth District…
