How do you go through a custody battle and the only thing they can use is making up lies, manipulating the children to tell lies?

If you want my answer, skip to paragraph three. 1. First, it may be the case (and it may be that you need to acknowledge) that the problem is not…

Continue ReadingHow do you go through a custody battle and the only thing they can use is making up lies, manipulating the children to tell lies?

What are the divorce laws in Utah?

I don’t want to appear immodest, but honestly, my book is probably the best source in one volume:  https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782  You can also find the laws governing Utah divorce and family…

Continue ReadingWhat are the divorce laws in Utah?

How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work

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…

Continue ReadingHow Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work

In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

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…

Continue ReadingIn Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

Law from a legal assistant’s point of view, week 12: Perfection

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…

Continue ReadingLaw from a legal assistant’s point of view, week 12: Perfection

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…

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

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…

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

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…

Continue ReadingDoes 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?

Would you support changing the law in each and every single U.S. state to make it crystal-clear that people have an unlimited insurable interest in their own child support obligations as well as in their family members’ child support obligations?

No.  I do support that idea that one’s own child support entitlement should be an insurable interest in the amount of the entitlement itself (meaning that if you are the…

Continue ReadingWould you support changing the law in each and every single U.S. state to make it crystal-clear that people have an unlimited insurable interest in their own child support obligations as well as in their family members’ child support obligations?

What is the best and fastest way to switch judges in a family court?

I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…

Continue ReadingWhat is the best and fastest way to switch judges in a family court?

How long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce, and they start to realize that they’re not going to get money from the other spouse. 

Good question.  It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she…

Continue ReadingHow long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce, and they start to realize that they’re not going to get money from the other spouse. 

Law from a legal assistant’s point of view, week 7: You got to be tough

By Quinton Lister, Legal Assistant The practice of family law takes a thick skin. I haven’t been at the job long (and I’m just a legal assistant), but it’s obvious that you got to be tough to do…

Continue ReadingLaw from a legal assistant’s point of view, week 7: You got to be tough

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…

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

Law from a legal assistant’s point of view, week 2: Pile higher and deeper

Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains…

Continue ReadingLaw from a legal assistant’s point of view, week 2: Pile higher and deeper

Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges…

Continue ReadingDo judges sometimes feel overburdened by the responsibilities of their job?

We need more consistency in family law, more predictability

We need more consistency in family law, more predictability. Divorce lawyers who know the law deserve commissioners and judges they can expect to be consistent and predictable. Cases with similar facts too rarely have similar outcomes because…

Continue ReadingWe need more consistency in family law, more predictability

Why do people need legal advisors if all the laws can be found on the Internet?

Why do people need legal advisors (I'm not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear:…

Continue ReadingWhy do people need legal advisors if all the laws can be found on the Internet?

Can a parent discipline a child by taking the child’s phone away?

Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and…

Continue ReadingCan a parent discipline a child by taking the child’s phone away?

If you haven’t seen “Erasing Family” and you’re going through a child custody dispute

If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…

Continue ReadingIf you haven’t seen “Erasing Family” and you’re going through a child custody dispute

Should it be a crime to work under the table to dodge child support?

Concealing your income to avoid having child support correctly calculated is already a crime, and for obvious reasons. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Should-it-be-a-crime-to-work-under-the-table-to-dodge-child-support/answer/Eric-Johnson-311

Continue ReadingShould it be a crime to work under the table to dodge child support?

Can I protect marital assets from my spouse by “temporarily gifting” them?

Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many…

Continue ReadingCan I protect marital assets from my spouse by “temporarily gifting” them?

Do you think current divorce laws are biased against men?

Do you think the current divorce laws are biased against men? In my experienced opinion, yes (and I speak as one who represents both women and men in divorce where…

Continue ReadingDo you think current divorce laws are biased against men?