Blog - Page 4 of 69 - Divorce Utah

Where or who do lawyers look to when they need a lawyer?

July 23, 2021

Divorce Attorneys, Divorce Lawyers, Lawyers, Utah Law

attorney friends, attorneys, being a lawyer, legal help, relationships

I ask my lawyer friends (few though they are because with few exceptions I find lawyers to be generally perfidious people, and I don’t like perfidious people), or, if my lawyer friends don’t have the answer, then I turn to…

Why would my ex block contact with my child when we have shared joint custody?

July 22, 2021

Divorce Utah

Alienation of Affection, Best Interest of the Child, Child Custody, Children in Divorce, Custody, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Parental Rights, Women's Divorce Issues

alienation of affection, Children in Divorce, contact, joint custody, maintaining relationship with child

Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly and seriously harming the child emotionally and/or psychologically; the court…

How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.

I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to prevent their father from killing them or from causing serious…

2021 UT App 77 – Miner v. Miner – alimony, attorney fees

2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court, St. George Department The Honorable Jeffrey C. Wilcox No. 174500373 …

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

July 20, 2021

Divorce Utah

Court Rules, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Fathers' Divorce Issues, Lawyers, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Paralegal, Utah Court Rules, Utah Law

attorney, clerk, law, legal assistant, legal practice

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 true this week. There have been several surprises as to…

How does a divorce and separation from one parent affect children’s future relationships? Can this cause trust issues or commitment issues in the kids’ future relationship?

Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course. How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship that is not only part and parcel of their own…

What are legitimate ways to contradict a witness in the court?

July 17, 2021

Divorce Utah

Dirty Tricks, Discovery, Divorce Fears, Divorce Law, Divorce Mistakes, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

dirty tricks, discredit, impeach, witness

If you are asking whether there are “legitimate” ways to make truthful witness look inaccurate or dishonest (meaning there are ways to do it that won’t get you in trouble), there are tricks that may and often do work to…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Divorce Utah

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

What happens to child support if the parent paying moves out of the country?

Assuming that you are asking whether a parent who is, in the course of a United States divorce or child custody proceeding, ordered to pay child support, moving out of the country would not change that parent’s legal obligation to pay child…

Can a divorced parent with the parties’ child primarily lives stop the child from switching to live with the other parent?

July 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Fears, Family Law, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Physical Custody, Women's Divorce Issues

custody, divorce, parent

So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can I do to stop this child from living with the…

What are some cases of extended relatives getting visitation rights with children?

July 12, 2021

Divorce Utah

Best Interest of the Child, Family Law, Grandparent rights, Parental Fitness, Parental Rights, Stepchildren, Stepparents, Utah Code, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

grandparent visitation rights, petition to terminate parental rights, standard of proof, visitation rights for extended family members, visitation rights for non-family members

In Utah, that question has been thoroughly discussed on the subject of grandparent visitation rights in the case of Jones v. Jones. and if you don’t want to read the rest of my answer, Jones vs. Jones set an extremely…

Law from a Legal Assistant’s Point of View, Week 1: It’s all new to me

July 9, 2021

Divorce Utah

Change of Circumstances, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Lawyers, Legal System, Uncategorized, Utah Law

divorce law, family law, legal assistant, legal system, new job

My favorite part of being new at something is that feeling of every aspect being unique and energizing. I am experiencing that feeling now in my new job as a legal assistant for Utah Family Law, LC. I have never…

Should a child whose rights are not protected be held accountable?

July 8, 2021

Divorce Utah

Best Interest of the Child, Child Abuse, Child Neglect, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child, denial, denied, protected, rights, unprotected

If one’s rights are not protected, then one’s rights are being denied. And one whose rights are not protected cannot, in one sense, be held accountable/responsible for his/her exercise of those rights, if for no other reason than that one…

Do you think it’s fair that Brad Pitt got joint custody of his kids?

Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does not arise or get handled the same way as would…

The Utah courthouses will be re-opening soon. Don’t go back!

With the COVID-19 crisis essentially behind us now (please don’t start on the Delta variant) the Utah courts are re-opening the courthouses. And there’s nothing wrong with that . . . unless the gains and improvements that COVID-19 forced us…

If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?

July 5, 2021

Divorce Utah

Abandonment and Desertion, Best Interest of the Child, Child Custody, Custody, Evidence, Family Law, Parental Rights

child custody, court, custody, never ask, never asked, weight, writing, written agreement

Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No. Just because a parent may, at one point in time,…

Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

July 2, 2021

Divorce Utah

Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Physical Custody, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Personal Property, Physical Custody, Preparing for Divorce, Property Division, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

attorney's fees award, interspousal gifts, joint equal physical custody, joint parent-time, joint physical custody, marital property, Nakkina v. Mahanthi - 2021 UT App 63, Utah Court of Appeals

Nakkina v. Mahanthi – 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No.…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

Ward v. McGarry – 2021 UT App 51

Ward v. McGarry – 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Court of Appeals of Utah. Sara WARD, Appellant, v. Meredith MCGARRY, Appellee. …

When flawed thinking is tragic thinking (thank goodness)

I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful because they reveal a common and recurring flaw in so many people’s thinking—and identifying the…