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…
With rare exception, the correct answer to any yes/no question (also known as a polar question) in your family law proceeding is: “yes,” “no,” or “I don’t know/I don’t remember”…
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…
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 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…
For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
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…
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…
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
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…
What are some examples of how to not appear judgmental as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court into doing…
What are some examples of how to not appear judgmental (or worse) as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court…
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…
It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those…
In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before…
My parents filed an order of protection against me. Is there any way I can fight this at age 17 knowing that I’ve done no wrong? Your experience may be…
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.R.H., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R.H., Appellant, vs. STATE OF UTAH, Appellee. Opinion No. 20190419-CA…
Can the courts force you to testify against someone? In a manner of speaking, yes. You do not have the the option of being a witness if you are ordered…
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…
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…
2019 UT App 188 - State v. Rivera THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. OYAH TONGSON RIVERA, Appellant. Opinion No. 20180546-CA Filed November 21, 2019 Third…
Many spouses and parents going through a divorce and child custody case may believe there is value in using mental health professionals. This can be true, if you use mental…
Here it is: my list of YouTube videos that I like best on how to identify, prepare for, and give a successful deposition. #1 Attorney Richard LaGarde has spent over thirty-five…
Cool as a cucumber[1]. Is that you? It can be. When it comes to testifying, follow the Golden Rules: 1. Always tell the truth. 2. Simply telling the truth is not…
Cool as a Cucumber[1]: HOW TO TESTIFY SUCCESSFULLY AT YOUR DEPOSITION OR IN COURT IN A DOMESTIC RELATIONS CASE [1] This phrase (c. 1732) derives from ancient folk knowledge confirmed by…
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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