My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?

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…

Continue ReadingMy ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?

What happens to a child support order if both parents move out of the country?

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…

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How can I get an emergency hearing for custody and child support?

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…

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What is the success rate of having a court-appointed legal aid?

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…

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How do I best grab the attention of an attorney regarding a child custody case that is unusual, difficult, and I need help?

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…

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Are mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?

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…

Continue ReadingAre mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?

Can you seek a temporary custody award if you have an apartment but you’re not on the lease, but your fiancé is on the lease and also the child does have their own room?

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…

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Why do I pay the child support knowing my kids are living in other countries?

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…

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Can someone go to court to prevent their un-vaccinated ex from taking the kids, even though they share 50-50 custody?

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…

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In what ways do pro-bono cases help attorneys and law firms?

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…

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Law from a legal assistant’s point of view, week 4: Trial by fire

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…

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Considering the high cost of child support, does anyone believe that the non-custodial parent is obligated to pay too much for the child’s care? When in a lot of cases where there is split time, one parent is still custodial.

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)…

Continue ReadingConsidering the high cost of child support, does anyone believe that the non-custodial parent is obligated to pay too much for the child’s care? When in a lot of cases where there is split time, one parent is still custodial.

Law from a Legal Assistant’s Point of View, Week 1: It’s all new to me

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…

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Child refuses to leave noncustodial parent’s house. What happens now?

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…

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When do trial lawyers most feel like “they are reading tea leaves”?

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…

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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…

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Why doesn’t family law immediately use collaborative law practices to reach decisions?

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…

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