Uncategorized Archives - Divorce Utah

Can I sell or trade in the family car while divorce proceedings are pending?

Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in both spouses name, if the other spouse is uncooperative? Would…

Father’s Day

June 18, 2020

Divorce Utah

Uncategorized

I hope yours is a happy Father’s Day. For many of you, it won’t be, it hasn’t been for years, and it’s a shame. First, know that I know there are mothers out there whose ex-husbands have destroyed or irreparably…

What will it take for America to finally say “no more guns”?

June 15, 2020

Divorce Utah

Uncategorized

What will it take for America to finally say “no more guns”? When every single American believes (falsely) that guns are not necessary for any purpose whatsoever. And since there will always be a need for guns in this imperfect…

Can a mother keeping the children from the father work against in custody litigation?

Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living in the home as well impact the decision for joint…

Alternative Dispute Resolution in Domestic Relations

June 10, 2020

Divorce Utah

Uncategorized

Alternative Dispute Resolution in Domestic Relations Submitted by Eric K. Johnson Alternative Dispute Resolution in Domestic Relations Let’s Learn Some Useful Statutes and Rules See Utah Code § 30-3-39. Mediation program. (1) There is established a mandatory domestic mediation program…

What actions can a lawyer take if he or she feels a judge is bullying him and violating the law?

May 27, 2020

Divorce Utah

Uncategorized

What actions can a lawyer take if he or she feels a judge is bullying him and violating the law? Here are the rules for my jurisdiction (Utah) that governs the disqualification of a judge: Rule 63A. Change of judge…

My married daughter won’t move her stuff out. What can I do?

May 21, 2020

Divorce Utah

Uncategorized, Women's Divorce Issues

What should you do when your married daughter won’t move her belongings out of her old room in your house and won’t let you move her stuff either? First, you need to understand that unless you contracted with your adult…

If I start crying in court, will that help my case?

May 13, 2020

Divorce Utah

Uncategorized

credible, crying, exploit, gamble, help, hurt, incredible, jaded, lying, manipulate, not credible, sincerity, suckers

If I start crying in court, will that help my case? This is a good question. An old and frequently asked question, but still a good question. The answer is: maybe, but I wouldn’t risk it. Why? Four reasons: 1)…

What did someone do while speaking to a judge that made you say “You gotta be kidding me”?

May 6, 2020

Divorce Utah

Uncategorized

What did someone do while speaking to a judge that made you say “You gotta be kidding me”? “Your Honor, I ask that you look beyond the evidence . . .” Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-did-someone-do-while-speaking-to-a-judge-that-made-you-say-You-gotta-be-kidding-me/answer/Eric-Johnson-311

Are state family court supervisors any good? Why or why not?

May 1, 2020

Divorce Utah

Uncategorized

family court supervisor, parent-coordinator, parent-time coordinator, special master

Like a special master or parent time coordinator? That kind of supervisor? Generally speaking, in my experience and opinion, while they appear to be a good idea in concept, in practice they are not. I’ve never had a good experience…

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…

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…

Do too many people have unrealistic expectations of what a marriage should be? Is this part of the reason why the divorce rate keeps increasing?

March 13, 2020

Divorce Utah

Uncategorized

divorce rate, high divorce rate, unrealistic expectations

Do too many people have unrealistic expectations of what a marriage should be? Is this part of the reason why the divorce rate keeps increasing? Yes and yes. https://www.quora.com/Do-too-many-people-have-unrealistic-expectations-of-what-a-marriage-should-be-Is-this-part-of-the-reason-why-the-divorce-rate-keeps-increasing/answer/Eric-Johnson-311

Why do you feel lawmakers are qualified to determine what abuse is punishable?

February 29, 2020

Divorce Utah

Uncategorized

Why do you feel lawmakers are qualified to determine what abuse is punishable? I don’t think legislators are particularly well qualified to determine what constitutes abuse or how abuse should be punished. Utah Family Law, LC | divorceutah.com | 801-466-9277…

From KSL.com: Utah woman takes plea deal in case of stepchildren seeing her topless

February 25, 2020

Divorce Utah

Uncategorized

https://www.ksl.com/article/46722214/utah-woman-takes-plea-deal-in-case-of-stepchildren-seeing-her-topless

In re G.J.P. – 2020 UT 4 – UTAH SUPREME COURT

February 13, 2020

Divorce Utah

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

appointment, guardian ad litem, juvenile court, Office of Public Guardian, OPG, parental rights, termination

This opinion is subject to revision before final publication in the Pacific Reporter In re G.J.P. – 2020 UT 4 – IN THE SUPREME COURT OF THE STATE OF UTAH OFFICE OF PUBLIC GUARDIAN, Petitioner, v. The HONORABLE JUDGE JULIE…

How can I find out the statistics on a specific judge and prosecutor?

February 12, 2020

Divorce Utah

Uncategorized

judges, statistics

This the best I could do on this question: Finding Data and Statistics on Judges LLSDC Home National Center for State Courts For my jurisdiction (Utah) for state (as opposed to federal) courts: Utah Courts Caseload Court Reports – Utah…

Divorcing parents in psychiatric care deny thoughts of self-harm?

Do parents in psychiatric care deny thoughts of self-harm for fear admitting it may impact custody? Is it common for a parent in psychiatric care to make false denials of thoughts of self-harm for fear that doing so may adversely impact…

2019 UT 74 – Mackley v. Openshaw – Utah Supreme Court – denial of paternity

January 8, 2020

Divorce Utah

Paternity, Uncategorized, Utah Supreme Court Decisions

2019 UT 71, Castro v. Lemus, denial of paternity by presumed father, father of illegitimate child, Husband’s presumed paternity, lacked standing, mistake of fact, move to dismiss petition, mutual mistake of fact, unilateral mistake of fact, UTAH CODE § 78A-6-514(3), UTAH CODE § 78B-15-306(1)(a), Utah Uniform Parentage Act, UUPA

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 74 – Mackley v. Openshaw – IN THE SUPREME COURT OF THE STATE OF UTAH ADAM MACKLEY, Appellant, v. ADRIENNE OPENSHAW, Appellee. COLTON BARNEY, Appellee,…

What is the best way to approach child custody with a narcissist?

December 19, 2019

Divorce Utah

Uncategorized

What is the best way to approach child custody with a narcissist? I am terrified of losing my daughter because of my ex’s incessant lies. My answer (couched in my experience as a divorce and family lawyer): while it is…