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In Re A.R.F. 2021 UT App 31 THE UTAH COURT OF APPEALS

March 23, 2021

In Re A.R.F. 2021 UT App 31 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R.F. AND M.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant, STATE OF UTAH, Appellee. Per Curiam Opinion No. 20200795-CA Filed…

When did you know that divorce was the option you were going to choose?

March 22, 2021

Divorce Utah

Divorce, Divorce Preparedness

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When did you know that divorce was the option you were going to choose? First, make sure that if you reach the conclusion that you need a divorce that you really do need a divorce. Clearly, a marriage that, through…

How do lawyers drag out court cases?

How do lawyers drag out court cases? In some respects, the ways are limited only by the power of one’s imagination, but the most common ways I have experienced in my field of practice (divorce and family law) are: falsely…

Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I need to pay him for this time. At this rate I my lawyer will become a secretary and I will be bankrupt.

Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I need to pay him for this time. At this rate…

Is it legal for a teenager to disobey the court-ordered child custody schedule?

March 17, 2021

Divorce Utah

Uncategorized

Is it legal for a teenager to disobey the court-ordered child custody schedule? Is it legal for a teenager to refuse to comply with the court-ordered child custody and/or parent-time schedule? In Utah, there is no express criminal code provision…

What policies and factors determine how child support is calculated?

March 16, 2021

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

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What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation guidelines and formulae to determine which parent pays child support…

2021 UT App 28 – Utah Ct. Appeals – In re C.Z.

March 15, 2021

Divorce Utah

Parental Rights, Termination of Parental Rights, Utah Court of Appeals Decisions, Utah Law

2021 UT App 28 - The Utah Court of Appeals, 78A-6-105, 78A-6-312, 78A-6-507, DCFS, Dependency, Domestic Violence, safety plan, termination of parental rights, Utah code

2021 UT App 28 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.Z., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.Z., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20200227-CA Filed March 12, 2021 Third…

Can grandma sue if the child stopped visiting because of COVID-19?

March 12, 2021

Divorce Utah

Child Custody, Child Custody Modification, Court Orders, Legal Custody, Modification of Child Custody, Termination of Parental Rights, Utah Court of Appeals Decisions

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Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild after you stopped taking the child to see her because…

Why do I pay child support if we have joint custody and we both work?

I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question that many parents ask. I will answer it using the…

Esquire? Why do attorneys often use this title on business cards and letterhead?

March 10, 2021

Divorce Utah

Coping With Divorce, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

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Why do attorneys often use the title “Esquire” in their business cards and letterheads? Because the kinds of attorneys who use “Esquire’ are conceited and pretentious. There’s a great article about this on abovethelaw.com entitled “Get Over Yourself and Stop…

Why is my lawyer ignoring me?

Why is my lawyer ignoring me? There are many possible reasons. Lawyers are notorious for being hard to reach and for being unresponsive and nonresponsive. If you aren’t paying your lawyer, don’t be surprised if you’re being ignored and don’t…

Do parents who share joint equal custody pay child support?

Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of our child or children, would one of us still end…

Why would a court/judge want the opposing parties to settle?

March 8, 2021

Divorce Utah

Divorce Fears, Divorce Law, Divorce Preparedness, Judges, Mediation, Men's Divorce Issues, Negotiation, Women's Divorce Issues

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Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case. Utah Family Law, LC | divorceutah.com | 801-466-9277

Do lawyers ever regret helping a client or obtaining a particular judgment?

Do lawyers ever regret helping a client or obtaining a particular judgment? Yes, yes, of course. We all know that there are plenty of lawyers who will prostitute their professional skills for money and litigate any case as long as the price is…

S.B. 122 just passed! So what? Joint equal physical custody.

March 6, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Court Orders, Custody, Custody Evaluation, Daycare, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Judges, Justice and Equity, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues

§ 30-3-35.2, §30-3-35.2. Equal parent-time schedule, 30-3-35.2, ability to assist, actively involved, after school care, assistance with homework, bath time, bedtime for the child, caring for the child, child's life, child's school, child’s best interest, demonstrated responsibility, distance, each parent, effectively facilitate, equal, equal custody, equal parent-time, equal parent-time schedule, extracurricular activities, factors, flexibility of employment, geographic distance, health of each parent, health of parent, health of the child, history and ability to implement a flexible schedule for the child, involvement in child care, joint custody, joint equal custody, meal preparation, parent's bond with the child, physical facilities of each parent's residence, presence, provide appropriate playtime, relevant, residence, s.b. 122, Subsection 30-3-10(6), Utah code, volunteer efforts

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender bias/sexual discrimination that is preventing fit, able, worthy fathers from…

S.B. 122 passes, despite opposition from the State Bar Family Law Section.

March 6, 2021

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Unwed Parents, Utah Law, Women's Divorce Issues

2021 legislative session, joint equal physical custody, s.b. 122, Utah State Legislature

S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section’s stated opposition to the first iteration of S.B. 122 and to the general concept of a presumption of joint equal…

In court cases, how does taking an oath make any difference?

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 being questioned as a witness in a legal proceeding (whether…

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19?

March 4, 2021

Divorce Utah

Child Custody, Child Custody Modification, Court Orders, Legal System, Modification of Child Support, Termination of Parental Rights, Utah Court of Appeals Decisions

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Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild after you stopped taking the child to see her because…

How can a uncontested divorce be considered a law suit? Does the court even get involved in that case?

March 3, 2021

Divorce Utah

Amicable Divorce, No fault divorce, Uncontested Divorce, Women's Divorce Issues

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How can a uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a…

Do you need a reason to get a divorce?

Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault” divorce (“no fault divorce” means that you don’t have to…