Court Rules Archives

My Ex Is Coming to My Home to Pick Up My Child 30-45 Minutes Early. He Is Not Following the Custody Order. What Can I Do?

May 19, 2023

Child Custody, Co-parenting, Court Orders, Court Rules

I will assume that your ex-husband (the children’s father) arriving to pick up the children earlier than his court ordered scheduled time is a hardship on, or at least an inconvenience for, you and/or for the children. Otherwise, if the…

In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity

March 9, 2023

Divorce Utah

Appeal, Court Orders, Court Rules, Family Law, Juvenile Court, Parental Rights, Procedure and Evidence, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law

voluntary declaration of paternity

In re J.E. – 2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January…

When the Spouse Who Moved Out Does Not Get His Stuff by the Deadline of the Final Divorce Agreement, Can the Other Spouse Who Bought Out Marital Home Keep It or Sell It?

February 23, 2023

Divorce Utah

Court Rules, Property Division, Uncategorized, Utah, Utah Code, Utah Law

abandoned property, bailment, conversion

Great question, and one that arises often in divorce. If the decree of divorce provides for what happens to unclaimed/unpossessed property, you would rely on the court’s orders as articulated in the decree. Rarely does this happen, but read your…

Is It a Conflict of Interest and Is It Unethical if I Saw My Divorce Attorney Hug My Husband in Court?

February 13, 2023

Divorce Utah

Attorney Fees, Court Rules, Divorce, Divorce Court, Firing a Divorce Lawyer, Lawyers, Legal System

attorney ethics, conflict of interest, divorce attorney

Not likely. Black’s Law Dictionary (11th ed. 2019) defines conflict of interest as: A real or seeming incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual…

Is 50/50 custody likely when the parents live in the same neighborhood?

What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part, “What is the likelihood of reverting to 50-50 custody.” Your…

My children’s father is a bum. Can he get 50/50 custody awarded?

The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%? His hours always vary from 4pm 7pm 9pm even 2am…

Do attorneys ever have to represent relatives?

November 14, 2022

Divorce Utah

Court Rules, Divorce Attorneys, Divorce Lawyers, Justice and Equity, Lawyers, Legal System

attorney, conflict of interest, duty, law, lawyer, legal, moral dilemma, officer of the court, relative, representing a relative

Do attorneys ever have to represent relatives or is that a conflict of interest? I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone any particular legal advice) as it applies in the jurisdiction…

Can a child who wants to, testify of his/her desires regarding the child custody award?

Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody of me even though my mom doesn’t abuse me? What…

What does temporary custody without prejudice mean?

It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody order? For obvious reasons and necessity. If to parents are…

How do I file a response in a divorce if the summons is invalid?

How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were served with a summons that is defective only because it…

My question to Utah Office of Recovery Services (ORS):

Good morning, I am a divorce and child custody lawyer. I have a question that all of my clients ask me that I don’t have the answer to: “Why does ORS and/or the court need my child’s Social Security Number…

Is child marriage legal in the United States?

September 20, 2022

Divorce Utah

Court Orders, Court Rules, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

adults, child marriage, children, family law, law, marriage, state law, united states, Utah law

Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with their parents’ permission, under certain conditions. For example, in Utah…

How can I make sure father won’t gain custody?

My husband cheated on me and we’re getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure that he won’t gain custody or even visitation rights? Surely…

What are the primary parenting issues of concern by the court?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a divorced parent must pay for a child’s school fees. I…

When do courts value the marital estate?

When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing people’s heart to sink. I’ll tell you why, but first,…

How much should you trust your lawyer? Part 2

August 30, 2022

Divorce Utah

Court Orders, Court Rules, Divorce Attorneys, Divorce Lawyers, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Judges, Lawyers, Legal System

attorney, comment, lawyer, legal counsel, legal system, research, response, trust

This blog is in response to a comment made to a video entitled How much should you trust your lawyer? “The biggest problem I’ve encountered with attorneys isn’t legal competence but the “to a hammer, everything looks like a nail”…

Court Rules

My Ex Is Coming to My Home to Pick Up My Child 30-45 Minutes Early. He Is Not Following the Custody Order. What Can I Do?

In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity

When the Spouse Who Moved Out Does Not Get His Stuff by the Deadline of the Final Divorce Agreement, Can the Other Spouse Who Bought Out Marital Home Keep It or Sell It?

Is It a Conflict of Interest and Is It Unethical if I Saw My Divorce Attorney Hug My Husband in Court?

Is 50/50 custody likely when the parents live in the same neighborhood?

My children’s father is a bum. Can he get 50/50 custody awarded?

Do attorneys ever have to represent relatives?

Can a child who wants to, testify of his/her desires regarding the child custody award?

What does temporary custody without prejudice mean?

How do I file a response in a divorce if the summons is invalid?

Is child marriage legal in the United States?

How can I make sure father won’t gain custody?

What are the primary parenting issues of concern by the court?

What can you do if your ex-husband does not want to pay school fees?

When do courts value the marital estate?

How much should you trust your lawyer? Part 2

Do you think it’s fair for a non-custodial parent to pay more child support?

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a 16-year-old child choose not to have visitation with a parent?