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Child Custody, Utah Code Section 30-3-10, and medical cannabis

Divorce Utah
Child Custody, Children in Divorce, Custody, Divorce Law, Utah Code, Utah Law
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Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10 to ensure that parents who legally use or sell medical…
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New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others

Divorce Utah
Child Custody, Children in Divorce, Divorce Law, Utah Code, Utah Law
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Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in previous blog posts. Another change is the addition of new…
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New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

Divorce Utah
Best Interest of the Child, Child Custody, Children in Divorce, Divorce Law, Utah Code, Utah Law
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New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. Some amendments were good, some bad.…
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New laws from 2019 Utah Legislative Session – Section 30-3-34

Divorce Utah
Best Interest of the Child, Child Custody, Children in Divorce, Divorce Law, Utah Law
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Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will be awarded according to the statutory minimum schedule unless a…
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How to Identify a Good Divorce Lawyer, from the Client’s Perspective

Divorce Utah
Amicable Divorce, Coping With Divorce, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness
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Unfortunately, it’s almost impossible to identify a good lawyer without using his/her services for a while to see if you “got it right” on your choice. There are, however, a few good rules of thumb to help you avoid a…
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How can I get a divorce if I don’t know where my spouse is?

Divorce Utah
Child Custody, Court Rules, Custody, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Utah Law, Women's Divorce Issues
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If I’m married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don’t know where my spouse is? (might not be in the same country)? In Utah, where…
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Do I need a separate room for my daughter?

Divorce Utah
Child Custody, Children in Divorce, Coping With Divorce, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Parenting Plan, Women's Divorce Issues
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As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a small residence. Most courts won’t penalize you for you and…
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If my spouse cheats, and we divorce will I get custody of my children?

Divorce Utah
Adultery, Child Custody, Children in Divorce, Divorce Mistakes, Fathers' Divorce Issues, Infidelity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No state in the United States awards custody to the cheated-on…
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Have you ever dealt with parental alienation?

Divorce Utah
Children in Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Women's Divorce Issues
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Yes, but from the perspective of being the divorce lawyer for the alienated parent. Let me tell you, unless the alienating parent is so ham-handed in his or her efforts that the alienation is manifestly undeniable, proving parental alienation is…
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What’s the best way to decide who takes the children when a couple splits?

Divorce Utah
Child Custody, Children in Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about. The goal of a child custody award should be the…
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If one spouse insists on divorce, shouldn’t he/she pay all legal fees?

Divorce Utah
Attorney Fees, Lawyer Fees
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Not necessarily “wrong,” but rather unlikely (not impossible, but unlikely, but read on to see what exceptions may apply). It may be reasonable of you to argue to the court that since you did not want a divorce (and presumably…
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Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

Divorce Utah
Appeal, Best Interest of the Child, Child Custody Modification, Court Rules, Custody, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Supervised Parent-time, Supervised Visitation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Women's Divorce Issues
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2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…
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What are some of the major causes behind a divorce?

Divorce Utah
Adultery, Divorce Causes
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Lack of commitment/incompatibility. http://www.divorce.usu.edu/files… Survey: Certified Divorce Financial Analyst® (CDFA®) professionals Reveal the Leading Causes of Divorce “Marriage is a counter-cultural act in a throwaway society.” —Dr. William H. Doherty, noted marriage scholar and therapist Utah Family Law, LC |…
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