Blog - Page 4 of 53 - Divorce Utah

What does a judge ask a child in a custody case?

In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly rational*, the majority of judges are extremely reluctant to question…

Lawyers, what’s the most annoying thing TV and Hollywood get wrong?

April 27, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers

boring, fallacies, movie lawyers, TV lawyers, wrong

Lawyers, what is the most annoying thing that TV and Hollywood get wrong in legal movies and TV shows? Presenting the legal profession as though lawyers and judges never make a mistake or commit any logical fallacy. I can’t really…

What is the best method to get past due child support through the payee’s stimulus check?

April 25, 2020

Divorce Utah

Child Support, Child Support Enforcement

What is the best method to get past due child support through the payee’s stimulus check? You can’t collect past due child support against the child support payor’s COVID-19 stimulus check because the federal government decided that child support payors…

COVID-19 just created a buyer’s market, if you need an attorney

April 25, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers

2020, 2020 order, April 21, bar examination, qualified candidates, Utah Supreme Court

COVID-19 just created a buyer’s market, if you need an attorney. The Utah legal market for lawyers of every kind will soon be a big-time buyer’s market. Why? The Utah Supreme Court issued an order April 21, 2020 “that the…

Should we award custody to the parent who is a lower risk for COVID-19?

Should we award custody to the parent who is a lower risk for COVID-19? Is it reasonable to give custody to the parent who is a lower health risk to the child during the Chinese coronavirus pandemic? It is reasonable…

Why Deny Parents Behind on Child Support a COVID-19 Stimulus Check?

April 24, 2020

Divorce Utah

Child Support

arrearage, back child support, back support, child support arrears, COVID-19, stimulus, stimulus check, unpaid child support

Here’s an interesting take on the current government policy that parents who are behind in the payment of child support will be denied COVID-19 stimulus checks: https://www.nationalparentsorganization.org/blog/24577-eternal-verities-in-a-time-of-change NationalParentsOrganization.org is a great resource for parents who are struggling against a legal…

Can you legally allow a relative to live in a property you own, rent-free, for years?

April 23, 2020

Divorce Utah

Alimony and Support, Child Support, Marital Debts, Spousal Support

allow, financial declaration, free rent, legal, live, own, relative, rent-free, reside

Can you legally allow a relative to live in a property you own, rent-free, for years? Today’s question is (and I’m serious, it’s a real question from a real person; I didn’t make this up): Can you legally allow a…

If losers pay winners’ attorney fees, why not hire the most expensive attorney?

April 23, 2020

Divorce Utah

Attorney Fees, Lawyer Fees, Legal System

civil suit, collection, fees, loser pays, reasonable, reasonable attorney fees, winner

If the losing side in a civil suit generally pays the winner’s attorney’s fees, why doesn’t everyone hire the most expensive attorneys? First, because the U.S. generally does not follow the “loser pays” rule. Some states have such rules, and…

Would you consider the family law system a current political issue?

Would you consider the family law system a current political issue or problem? Yes, in fact the institutional defects and injustices in family law and the family law courts throughout the country are a perennial hot-button topic in state legislatures.…

Do you agree with the decision to temporarily take custody from an ER doctor’s child due to potential exposure to COVID-19?

April 21, 2020

Divorce Utah

Uncategorized

child, coronavirus, COVID-19, custody, doctor, expose, exposure, hospital, judge, risk

Do you think it’s fair that a judge temporarily stripped Dr. Theresa Greene, of North Miami, of custody of her 4-year-old daughter because the doctor works with COVID-19 patients? Do you agree or disagree with the decision of Circuit Court…

Can I renew the no contact order?

April 17, 2020

Divorce Utah

Protective Orders, Restraining Orders, Stalking Injunction/Civil Stalking Injunction

no contact order, protective order, stalking injunction, temporary restraining order, TRO

Probably, but even if the no contact order cannot be renewed, or if the police or court (depending upon who in your jurisdiction has the authority to renew the no contact order) refuse to renew the no contact order, then…

Why is it so common for parents to become outright enemies after divorce?

Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs, and treated miserably by their spouses, by law enforcement, by…

What is the “right of first refusal”? Is it a statutory right in Utah?

What is the “right of first refusal”? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time “right of first refusal” in the context of child care. This “right of…

My ex is dead. Is there any reason to keep my divorce papers?

April 14, 2020

Divorce Utah

Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

decree, ex-husband dead, ex-spouse dead, ex-wife dead, keep documents, papers

I was divorced in 1987 and my ex has died. Is there any reason to keep my divorce papers? Yes. You may need them to prove your marriage for various purposes until the end of your own life, such as,…

In re D.M. – 2020 UT App 59 – termination of parental rights

April 13, 2020

Divorce Utah

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

2020 UT App 59 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.M., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190470-CA Filed April 9, 2020 Third District…

What’s the difference between legal custody and physical custody?

April 13, 2020

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parentage, Paternity, Physical Custody, Utah Law, Women's Divorce Issues

Here’s a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is there are difference? The answer: “Legal custody” is not the…

Do you think coronavirus and the quarantine will increase divorces?

April 10, 2020

Divorce Utah

Uncategorized

coronavirus, COVID-19, divorce, increase

Today’s question is: Do you think coronavirus and the quarantine will trigger an increase in divorces? Answer: Without question. There are obviously some legitimate reasons to curtail or even totally suspend parent-time if a parent or child is sick with…

What does it feel like to separate two kids out of spite during a divorce?

April 9, 2020

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Fears, Divorce Mistakes, Divorce Preparedness

separating siblings, split custody

Today’s question: What does it feel like to separate two kids out of spite during a divorce? My answer: For decent parents who experience it because it occurs against their will, to describe them as “heartbroken” is an…

How can I turn arguments into negotiations and agreement?

April 9, 2020

Divorce Utah

Divorce Fears, Divorce Mistakes, Divorce Preparedness, Mediation, Negotiation, Settlement

Jim Camp, mediation, negotiation, settlement, Start with No

How can I turn arguments into negotiations and agreement? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp. Here is the link to buy the printed book on…

Is it advantageous to lie and sling mud at the other parent to win custody?

Today’s question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part of the ‘arsenals’ used to win a custody battle and…