Uncategorized Archives - Divorce Utah

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

July 9, 2021

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…

As a lawyer, do you typically trust what your clients say?

As a lawyer, do you typically trust what your clients say? I don’t represent people or causes in whom I don’t believe. That is not true of all attorneys, as many are aware. When it comes to prevailing in the…

What is a complete list of reasons someone can file child support that cannot be fought?

What is a complete list of reasons someone can file child support that cannot be fought? There is no such list; however, here is my list of pretty dang safe bets that you’ll be paying child support if one or…

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

March 23, 2021

Divorce Utah

Uncategorized

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…

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…

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…

Why is it difficult for a father to get child custody?

February 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parentage, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Paternity, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Uncategorized, Women's Divorce Issues

bias, care, child custody, children, courts, difficult, false belief, false premises, father, fathers, holidays, joint equal child custody, mothers, mothers better parents, overcome, pernicious, presuming, presumption, primary custody, relationship, society, sole, weekend

Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society at large) that generally: mothers are better parents than fathers;…

How does emancipation of a minor child work in Utah?

January 21, 2021

Divorce Utah

Child Custody, Uncategorized

16 years old, 16 years or older, capable of living independently, Chapter 6., child, emancipation, guardian, minor, parents, Title 78A, Utah code

How does emancipation of a minor child work in Utah? Utah law provides a way for a minor child (a child under the age of 18 who is not yet a legal adult) to acquire the rights of an adult and to…

We need more consistency in family law, more predictability

January 13, 2021

Divorce Utah

Men's Divorce Issues, Uncategorized, Women's Divorce Issues

common, continuity, law, reliability

We need more consistency in family law, more predictability. Divorce lawyers who know the law deserve commissioners and judges they can expect to be consistent and predictable. Cases with similar facts too rarely have similar outcomes because there is way too much inconsistency in the application of…

If a parent disappears for five years, what are his/her chances of winning child custody?

December 15, 2020

Divorce Utah

Abandonment and Desertion, Child Custody, Child Neglect, Children in Divorce, Custody, Uncategorized

abandon, abandonment, child abandonment and child custody, child custody, custody, disappear, disappears, parent

If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible for Mom being out of the picture for 5 years,…

What are ways divorcees reach a mutual agreement when splitting up their assets?

December 9, 2020

Divorce Utah

Uncategorized

agreement, arguments, assets, ationalize, claims, dividing, division, divorce, divorcees, effort, false, fatuous, gift, greed, justify, lopsided, marital property, money more trouble than the property is worth, parents, pettiness, petty, self-defeating, separate property, splitting up, time, want, wasting

What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”* for why they should get what they want. This results…

My ex allows our children to watch TikTok. Is this grounds for seeking full custody?

December 8, 2020

Divorce Utah

Uncategorized

child, child custody, children, custody, ex, ex-spouse, full custody, grounds, sole legal, sole physical, TikTok

My ex allows our children to watch TikTok. Is this grounds for seeking full custody? I forbade my child from watching TikTok because I worry it lowers IQ. However, my ex-spouse allows them to use it at their house. Is…

I know a friend on TikTok who has abusive parents. How can I report or get him help?

I know a friend on TikTok who has a lot of severe PTSD and trauma due to several incidents, and he also has abusive parents. How can I report him to child support and get help for him? Do you…

How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself?

How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove,…

Can an unmarried parent legally keep the other parent from the children without having gone to court?

November 13, 2020

Divorce Utah

Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Women's Divorce Issues

child custody, court order, father, mother, police, unmarried parent, unmarried parents

Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is not illegal for one parent to keep the children from…

The easy mediocre vs. the hard excellence: I hate this restaurant

November 6, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Uncategorized

easy, excellence, hard, hiring a divorce attorney, hiring a divorce lawyer, mediocre, value

Today’s post features Seth Godin’s blog (the link to his blog post is provided below). After you read it, ask yourself whether can you guess why this Seth Godin blog post applies so when it comes to hiring a divorce…

Does marital law really allow change of surnames?

November 2, 2020

Divorce Utah

Uncategorized

husbands, last names, men, surnames, wives, women

Does marital law really allow change of surnames? Can a couple be legally married without change of last names? While in the U.S.A. traditionally women would (and many still do) change their surnames (last names) to that of their husbands,…

New COVID Eviction Declaration form

October 29, 2020

Divorce Utah

Uncategorized

eviction, forcible entry and detainer, landlord, lessee, lessor, rent, tenant

On October 2, 2020, the Utah Supreme Court and Utah Judicial Council issued an updated Administrative Order. The Order included the following change: In Forcible Entry and Detainer cases, requires plaintiffs to submit a declaration indicating compliance with COVID relief laws either…

What quality about lawyers do you like the least?

October 8, 2020

Divorce Utah

Uncategorized

What quality about lawyers do you like the least? I am a lawyer and I deeply dislike most lawyers, especially divorce lawyers (of which I am one). Why? I find most (most, not all) divorce lawyers to be: dishonest venal…

Are your in-laws still your in-laws if your spouse passes away?

September 28, 2020

Divorce Utah

Uncategorized

death of spouse, in-laws, relationship, survive

Are your in-laws still your in-laws if your spouse passes away? One’s marriage does not bestow any kind of secular/civil legal relationship or status of any kind upon the family members of one’s spouse. One’s status as an “in-law” is…