Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that…
By Quinton Lister, Legal Assistant My new job as a legal assistant to a divorce attorney has opened my eyes to the necessity of preparation. There are emergencies and surprises…
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…
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…
By Quinton Lister, Legal Assistant Part of what has drawn me to my current position as a legal assistant to a divorce attorney is that I wanted to learn more…
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…
Here are some provisions that I have seen divorce litigants who did not include them in their divorce settlement agreements wish were included: a “loser pays” clause for 1) when…
By Quinton Lister, Legal Assistant It doesn’t take a lawyer to discover, and it doesn’t take long to realize, that the legal profession is by no means perfect. The legal system…
Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…
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…
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…
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…
With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s…
How do I prepare for family court mediation? There appears to be a lot of confusion and fear surrounding the divorce mediation settlement conference. There shouldn’t be. The two main…
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…
By Quinton Lister, Legal Assistant Since I have started working as a legal assistant, I have come to realize more the nuances of legality vs. morality. For the purposes of…
I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but…
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…
Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they…
Pretty much impossible. Why? Two big reasons, generally: Narcissists are masters of deception. Being a narcissist generally not terribly relevant, if relevant at all, to most issues in a divorce…
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
There are some great answers in this thread already. I hope that adding my two cents’ worth is informative too. I am a divorce and family lawyer. With rare exception…
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…
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)…
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…
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
In my personal experience, most of the time, with most judges. I’m a divorce and family lawyer in Utah, and family law gives judges such broad discretion that even those…
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…
What are common Latin legal terms used in divorce and family law? While the use of Latin terms and phrases in the family law is decreasing, there are still many…
Would you consider the family law system a current political issue or problem? Yes, in fact the institutional defects and injustices in family law and the family law courts throughout…
Allowed to? Yes. I believe that if one can prove that an otherwise happy marriage was destroyed by a homewrecker, one should have a legal cause of action for alienation…
Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…