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What is the proper way to request a change of the child custody order?

Divorce Utah
Child Custody, Child Custody Modification, Children in Divorce, Court Orders, Court Rules, Custody, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Lawyers, Legal Custody, Legal System, Modification of Child Custody, Physical Custody, Uncategorized
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What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that you have good odds of accomplishing successfully on your own,…
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What will happen if the child refuses to go with the custodial parent?

Divorce Utah
Child Custody, Child Custody Modification, Children in Divorce, Court Orders, Custody, Family Law, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parent Time, Physical Custody, Sole Custody, Uncategorized, Women's Divorce Issues
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What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers to stay with the father? This situation (and this question)…
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What are the chances of a mother getting full custody?

Divorce Utah
Child Custody, Custody, Divorce Law, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Utah Law, Women's Divorce Issues
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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…
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Should I use free family law resources?

Divorce Utah
Divorce Law, Divorce Lawyers, Family Law, Finances, Lawyers, Legal System, Preparing for Divorce, Pro se (representing yourself), Uncategorized
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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…
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What if a parent sued their child for all the money they spent raising them?

Divorce Utah
Child Care Costs, Child Care/Surrogate Care, Child Support, Judges, Parent Time, Parental Fitness, Parental Rights, Uncategorized
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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. …
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How do we counteract the adverse effects of trusting custody evaluators?

Divorce Utah
Child Custody, Child Custody Modification, Custody, Custody Evaluation, Legal Custody, Physical Custody, Sole Custody, Uncategorized
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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…
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What affects the outcome of court cases more?

Divorce Utah
Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Evidence, Family Law, Judges, Uncategorized, Utah Law
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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…
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Does greed also have a role in most divorce cases?

Divorce Utah
Alimony and Support, Attorney Fees, Divorce, Divorce Fears, Divorce Law, Family Law, Finances, Hiring a Divorce Lawyer, Preparing for Divorce, Uncategorized
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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…
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Do courts penalize working parents?

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

Divorce Utah
Judges, Lawyers, Legal Assistant, Legal System, Uncategorized
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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…
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How do I get custody back of my child if the custodial parent is not keeping the child safe?

Divorce Utah
Child Custody, Child Custody Modification, Custody, Custody Evaluation, Divorce, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Parent Time, Uncategorized, Visitation, Women's Divorce Issues
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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…
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What is the biggest mistake lawyers make during closing arguments?

Divorce Utah
Court Rules, Judges, Lawyers, Uncategorized
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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…
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Why isn’t there a child support debit card, so the funds can be tracked and itemized to prevent mismanagement?

Divorce Utah
Child Support, Child Support Enforcement, Court Orders, Divorce, Divorce Law, Family Law, Finances, Uncategorized, Utah Court Rules, Utah Law
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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…
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In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

Divorce Utah
Best Interest of the Child, Child Custody, Children in Divorce, Daycare, Division of Child and Family Services (DCFS), Divorce, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues
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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…
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McQuarrie v. McQuarrie – 2021 UT 22 – termination of continuation of alimony

Divorce Utah
Alimony and Support, Court Orders, Divorce, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Legal System, Men's Divorce Issues, Uncategorized, Uncontested Divorce, Utah Code, Utah Court of Appeals Decisions, Utah Law, Utah Supreme Court Decisions, Women's Divorce Issues
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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…
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If the father got the child custody, will the mom pay for child support?

Divorce Utah
Child Custody, Child Support, Child Support Calculation, Court Rules, Divorce, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Finances, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Utah Law, Women's Divorce Issues
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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…
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What happens to a child support order if both parents move out of the country?

Divorce Utah
Change of Circumstances, Child Support, Child Support Enforcement, Court Orders, Court Rules, Divorce, Divorce Law, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Utah Law, Women's Divorce Issues
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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…
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How can I get an emergency hearing for custody and child support?

Divorce Utah
Best Interest of the Child, Child Care/Surrogate Care, Child Custody, Child Protective Order, Child Support, Children in Divorce, Custody, Divorce, Divorce Law, Family Law, Fathers' Divorce Issues, Guardianship, Joint Legal Custody, Joint Physical Custody, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Physical Custody, Protective Orders, Uncategorized, Utah, Utah Law, Women's Divorce Issues
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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.…
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