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

October 4, 2021

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

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

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, 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

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

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, 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

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

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

September 17, 2021

Attorney Fees, Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Family Law, Hiring a Divorce Lawyer, Lawyer Fees, Lawyers, Uncategorized

attorney fees, divorce law, family law, law practice, lawyer fees, unique case, unique circumstances

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 not just the best way, it’s effectively the only way.…

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?

September 16, 2021

Child Support, Child Support Calculation, Divorce, Divorce Law, Family Law, Utah Law

Child Support, code, divorce payments, finances, law, United States law

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 child support obligee/recipient you should have the right to purchase…

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 your case. One way to get a change of judge is…

Law from a legal assistant’s point of view, week 9: Hail, Clarity!

September 14, 2021

Lawyers, Legal Assistant, Legal System

clarity, law, legal assistant, legal practice, legal profession, meaning, what you say, writing

By Quinton Lister, Legal assistant Before I was a legal assistant, I was an undergraduate in Philosophy at Brigham Young University. One of my logic professors said something to me that I feel is important in both philosophy and in…

How do I prepare for family court mediation?

September 13, 2021

Divorce, Divorce Costs, Divorce Fears, Divorce Law, Divorce Preparedness, Family Law, Mediation, Uncategorized

divorce, divorce issues, divorce law, family law, mediation, preparation

How do I prepare for family court mediation? There appears to be a lot of confusion and fear surrounding the divorce mediation settlement conference. There shouldn’t be. The two main reasons for the mystery and worry appear to be 1)…

Can an unemployed alienated parent be forced to help pay for a car for the child?

First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of purchasing a car for a child, it’s unlikely that a…

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 an inherent or presumptive right to be awarded the sole…

What questions do people ask about divorce?

The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What is your retainer amount?” “If my spouse and I agree…

Law from a legal assistant’s point of view, week 8: Legality vs. Morality

September 7, 2021

Divorce, Lawyers, Legal Assistant, Legal System

attorneys, divorce law, family law, law, lawyers, legal assistant, legal secretary, legal system

By Quinton Lister, Legal Assistant Since I have started working as a legal assistant, I have come to realize more the nuances of legality vs. morality. For the purposes of this post, I will define legality as that which is…

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