Blog - Divorce 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 equal custody (I do know that there are also mothers…

I’m a child whose parents are divorcing and fighting over custody. What can I do?

October 14, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Law, Family Law, GAL (Guardian ad Litem), Joint Legal Custody, Joint Physical Custody, Utah Law

best interest of child, child custody, guardian ad litem. Utah law, Parent Time

I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn’t want to take me to court to present my case that I want to see my mother. What can…

When a restraining order expires, is there some documentation that the respondent can get to prove the expiration?

In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its terms within such time after entry, not to exceed 14…

Law from a legal assistant’s point of view, week 13: Thoughts on ADR

October 12, 2021

Divorce Utah

Arbitration, Divorce Court, Divorce Law, Family Law, Lawyers, Legal Assistant, Mediation

arbitration, divorce law, family law, law, legal assistant, legal field, legal practice, mediation

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 about Alternative Dispute Resolution (ADR). In very basic terms, ADR…

Why is disciplining a child a sign of parental alienation in the long-term?

October 11, 2021

Divorce Utah

Alienation of Affection, Children in Divorce, Divorce, Parental Alienation, Parental Fitness

Children in Divorce, disciplining, parental alienation, parenting, parenting issues, parents in divorce

This is an example of a logical fallacy; specifically, begging the question. It assumes the conclusion in the premise It is not a given that disciplining a child is a sign of parental alienation in the long-term. Disciplining a child…

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 child is subjected to accidental harm or an unreasonable risk…

McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

MCQUARRIE v. MCQUARRIE – 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5, 2021 Filed June 17, 2021 On Petition for Writ…

What is one thing you wish you would have added in your divorce parenting plan?

October 6, 2021

Divorce Utah

Child Custody, Child Support, Co-parenting, Divorce, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parenting Plan, Women's Divorce Issues

Child Support, divorce law, divorce settlement, family law, parenting plan, provisions

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 a party takes action in court to enforce the provisions…

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

October 5, 2021

Divorce Utah

Divorce, Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Lawyers, Legal Assistant, Legal System

assistant, attorney, clerk, divorce law, family law, law, lawyer, legal assistant, secretary

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 is nowhere close to perfect either. So, why, as a…

In re Z.C. W. – 2021 UT App 98 – Utah Court of Appeals

October 4, 2021

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Juvenile Court, Legal System, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

best interest, Domestic Violence, parental rights, terminate, termination of parental rights, Utah Code § 78A-6-503(1), Utah Code § 80-4-104(1), Utah Code § 80-4-301

In re Z.C.W. – 2021 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.C.W. AND C.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D., Appellant, v. C.L.W., Appellee. Opinion No. 20200039-CA Filed September 23, 2021 Third District Juvenile Court, West Jordan Department The Honorable Renee M. Jimenez …

If the father got the child custody, will the mom pay for child support?

In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other parent, the parent awarded less custody is going to pay…

Can a narcissist get custody of a child?

September 30, 2021

Divorce Utah

Abuse, Child Abuse, Child Custody, Custody, Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Women's Divorce Issues

custody, divorce law, joint custody, Narcissistic Personality Disorders, NPD

Of course. First, even if one could prove a parent suffers from narcissistic personality disorder (NPD), merely suffering from this condition wouldn’t automatically disqualify a parent from being awarded sole or joint custody of children. Merely suffering from a condition…

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?

September 29, 2021

Divorce Utah

Child Custody, Child Support, Court Rules, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Paternity, Women's Divorce Issues

court motions, court rules, custody, divorce law, family law, future children, unborn children

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 heard of a man seeking custody of a child (let…

Law from a legal assistant’s point of view, week 11: Something for nothing?

September 28, 2021

Divorce Utah

Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Finances, Legal Assistant, Legal System

divorce, divorce lawyers, economics, fees, legal assistant, legal economics, legal practice, money

By Quinton Lister, Legal Assistant Giving without expectation is one of the hardest things to do in this life. I often wonder in our capitalistic society why it is so important to do things for others with the expectation of…

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 the child support order remains unchanged and remains in full…

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 custody and child support? The answer: Have a good reason.…

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

September 23, 2021

Divorce Utah

Court Rules, Custody, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Lawyers, Legal System, Utah Court Rules, Utah Law

court, divorce law, family law, law, law practice, legal aide, legal counsel, Utah law

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 has is being not as effective as paid counsel. But counsel is…

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?

September 22, 2021

Divorce Utah

Court Rules, Justice and Equity, Legal System, Testimony, Utah Court Rules, Utah Law, Witness

court, court rules, evidence, justice, law, law practice, lay witness, testimony, trial

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 the first and biggest problem. Testifying about something you believe…

Law from a legal assistant’s point of view, week 10: Divorce

September 21, 2021

Divorce Utah

Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Lawyers, Legal Assistant

assistant, divorce, divorce attorney, divorce law, law, lawyers, legal assistant, legal secretary

By Quinton Lister, Legal Assistant I think most of the observations I am having as a new legal assistant are not groundbreaking, but my boss and I are learning that readers who are contemplating or going through divorce really like the observations of…

How does divorce and child abuse affect SAT scores?

September 20, 2021

Divorce Utah

Abuse, Children in Divorce, Divorce, Sexual Abuse

abuse, child abuse, Children in Divorce, divorce, physical abuse, SAT, sexual abuse, standardized tests

SAT scores? Come on, that’s getting too granular. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-does-divorce-and-child-abuse-affect-SAT-scores