Uncategorized Archives

What should I tell my lawyer who says that a motion to dismiss is not real?

May 16, 2022

Court Orders, Court Rules, Judges, Lawyers, Legal System, Uncategorized

attorney, court, court orders, court rules, file, judges, law, lawyer, legal practice, motion, motion to dismiss

What should I say to my lawyer who told me that a motion to dismiss isn’t really a thing so we cannot file one? It may be that a motion to dismiss is in fact not possible (not permitted by…

What are the chances of a mother getting full custody?

In my experienced opinion: If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of a mother winning full custody of the children are always…

Should I use free family law resources?

February 16, 2022

Divorce Utah

Divorce Law, Divorce Lawyers, Family Law, Finances, Lawyers, Legal System, Preparing for Divorce, Pro se (representing yourself), Uncategorized

divorce law, family law, free legal advice, free resources, legal counsel, legal representation, pro bono, pro se, resources

Merely use them? I don’t see the harm in being familiar with them. Reading, watching, listening. Learning. That’s a good thing. A very good thing. Being dependent upon only free resources? No. That’s a bad thing. Should you use free resources exclusively, without…

What if a parent sued their child for all the money they spent raising them?

January 28, 2022

Divorce Utah

Child Care Costs, Child Care/Surrogate Care, Child Support, Judges, Parent Time, Parental Fitness, Parental Rights, Uncategorized

child, Child Support, family finances, finances, judge, lawsuit, parent, parenting, sue

What would happen if a parent were to sue a child for every single penny they spent on raising such a child and the judge were to rule in the parent’s favor? You’d likely have an incompetent and/or biased judge. …

How do we counteract the adverse effects of trusting custody evaluators?

January 27, 2022

Divorce Utah

Child Custody, Child Custody Modification, Custody, Custody Evaluation, Legal Custody, Physical Custody, Sole Custody, Uncategorized

child advocate, child custody, custody evaluation, custody evaluator, joint custody, legal advocate, legal custody, sole custody

The question was asked: In a study in 2012 proved many custody evaluators falsely believe most DV victims lied & alienated kids. So How do you prevent that evaluators report from poisoning all reports or evaluators after, since they always review…

What affects the outcome of court cases more?

December 31, 2021

Divorce Utah

Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Evidence, Family Law, Judges, Uncategorized, Utah Law

court, divorce, divorce law, evidence, judges, law, lawyers, legal case, trial

What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in the context of divorce and family law, not all legal…

Does greed also have a role in most divorce cases?

December 3, 2021

Divorce Utah

Alimony and Support, Attorney Fees, Divorce, Divorce Fears, Divorce Law, Family Law, Finances, Hiring a Divorce Lawyer, Preparing for Divorce, Uncategorized

alimony, alimony payment, divorce, divorce fears, divorce finance, finance, greed

In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some people get a little greedy (a greed born of fear…

Do courts penalize working parents?

November 26, 2021

Divorce Utah

Child Custody, Co-parenting, Court Orders, Custody, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody, Sole Custody, Uncategorized

child custody, full custody, joint custody, parental custody, sole custody, working parent

Why do the courts give full custody to a parent who refuses to work but yet reduces custody of the working parent, saying they work too much? In the belief that a parent who does not work outside the home…

Law from a legal assistant’s point of view, week 19: Litigation

November 23, 2021

Divorce Utah

Judges, Lawyers, Legal Assistant, Legal System, Uncategorized

assistant, attorney, clerk, law, law practice, lawyer, legal assistant, legal secretary, legal system, litigation

By Quinton Lister, legal assistant Litigation is not fun. It’s anything but fun. Now, I am not a lawyer and I have only been a legal assistant since this past summer, and that’s the sum total of my experience with…

How do I get custody back of my child if the custodial parent is not keeping the child safe?

The best way to phrase this question is as follows, “How do I get an order awarding custody of our child to me, if I assert as the basis for my petition that the custodial parent is not keeping the…

What is the biggest mistake lawyers make during closing arguments?

November 11, 2021

Divorce Utah

Court Rules, Judges, Lawyers, Uncategorized

attorney, closing arguments, court, court preparation, judges, law, lawyer, legal arguments, trial

What is the biggest mistake a lawyer makes when making closing arguments? Being long-winded and/or obnoxious, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear and concise, then what you think are “in the bag” issues may…

Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

October 18, 2021

Divorce Utah

Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law

banking, Child Support, divorce finance, divorce law, family law, funds, Utah law

In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have used this method of paying child support and accounting for…

In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The child is subjected to accidental harm or an unreasonable risk…

McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

MCQUARRIE v. MCQUARRIE – 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5, 2021 Filed June 17, 2021 On Petition for Writ…

If the father got the child custody, will the mom pay for child support?

In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other parent, the parent awarded less custody is going to pay…

What happens to a child support order if both parents move out of the country?

Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then the child support order remains unchanged and remains in full…

How can I get an emergency hearing for custody and child support?

I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for custody and child support? The answer: Have a good reason.…

How do I best grab the attention of an attorney regarding a child custody case that is unusual, difficult, and I need help?

September 17, 2021

Divorce Utah

Attorney Fees, Divorce, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Family Law, Hiring a Divorce Lawyer, Lawyer Fees, Lawyers, Uncategorized

attorney fees, divorce law, family law, law practice, lawyer fees, unique case, unique circumstances

With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s not just the best way, it’s effectively the only way.…

How do I prepare for family court mediation?

September 13, 2021

Divorce Utah

Divorce, Divorce Costs, Divorce Fears, Divorce Law, Divorce Preparedness, Family Law, Mediation, Uncategorized

divorce, divorce issues, divorce law, family law, mediation, preparation

How do I prepare for family court mediation? There appears to be a lot of confusion and fear surrounding the divorce mediation settlement conference. There shouldn’t be. The two main reasons for the mystery and worry appear to be 1)…

Can someone go to court to prevent their un-vaccinated ex from taking the kids, even though they share 50-50 custody?

Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your request seriously and grant it is a separate question. Would…