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

January 8, 2020

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

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…

How do you get legal help if no attorney wants your case?

November 27, 2019

Attorney Fees, Hiring a Divorce Lawyer, Uncategorized

attorney interest, legal help, more trouble than it's worth, outside the legal system, remedies, trouble, uninterested, unwilling

If an attorney tells you your case complex and not a big money suit, it means the lawyer feels it’s more trouble than it is worth, meaning that it’s at least more trouble than it is worth to the lawyer,…

Medical school vs. Law school – which is harder?

November 17, 2019

harder, Medical school vs. Law school

Between medical and law school, which is considered harder? I’m a lawyer, but I believe that medical school is generally more difficult for most students than is law school. Medical school is at least a year longer than law school.…

How can parents be so unloving that make their own child homeless by kicking him or her out?

November 16, 2019

children, kicked out of home, parents, self-reliance, tough love

I presume this question pertains to an adult child. Homelessness is not the most important thing in one’s life. Self-reliance and basic dignity are more important to the adult child (and will solve the homelessness problem to boot). If an…

Can you divorce your spouse even if your spouse does want a divorce?

Yes. This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws. Many people believe that “no fault” divorce means that one cannot get divorced without being at fault. No, it means…

Why not have all attorneys get paid the same (like Medicare for all)?

November 8, 2019

free lawyers, no-cost lawyers, pro bono lawyers, subsidized lawyers, welfare

If you agree that we need justice reform, would you embrace a system where all attorneys get paid the same (like Medicare for all) and the poor don’t get a public defender but have access to all lawyers? The problem…

Will doctors, lawyers, engineers and accountants be revered in 100 years?

November 2, 2019

Divorce Lawyers, Uncategorized

accountants, doctors, lawyers

Careers such as doctors, lawyers, engineers and accountants are revered. Do you think this will still be the case in 100 years? Or will other careers replace them? The village blacksmith was once one of the most revered careers. Eventually,…

Is it constitutional for a student to pray in his public school cafeteria before lunch?

October 31, 2019

constitutional law, establishment clause, prayer, private prayer, school

A student is praying alone in his public school cafeteria before lunch. According to the establishment clause, why is this activity acceptable? It’s not unacceptable under the establishment clause. Any school administrator who would claim it is either does not…

As a lawyer, where did you think most problems in society stem from?

October 10, 2019

Golden Rule, problems, self-interest, selfish, society

Indulging self-interest without regard to, and at the expense of, the God-given rights of others and the needs of the public at large. More concisely stated: disregard for the Golden Rule. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/As-a-lawyer-where-did-you-think-most-problems-in-society-stem-from/answer/Eric-Johnson-311

My 17-year-old got booked into jail over the weekend. What do I do?

October 1, 2019

constitutional rights, don't talk to the police, right to remain innocent, right to remain silent, talking to the police

My son is 17 years old and he got caught with cigarettes in his locker at school. The school called the police and booked him in jail over the weekend. Is this even legal? What can we do to fight…

How can I encourage my child to follow law and legal issues of everyday life?

September 13, 2019

children, example, law, morality, obey, teach

Set an example of being a conscientious law-abiding citizen yourself. “Do as I say, not as I do” is not the way to set a good example. Read “Sermons We See” for a beautiful statement of this principle. Teach your…

New Mexico Supreme Court Abolishes Spousal Communications Privilege

September 6, 2019

abolished, inter-spousal communications, New Mexico, spousal communications, spousal communications privilege, spousal privilege

Seeing no modern justification for the spousal communications privilege, the New Mexico Supreme Court has abolished it in an August 30, 2019 opinion. Spousal communication privilege ‘has outlived its useful life,’ state supreme court says ABA Journal By Debra Cassens…

Which is the best website to learn law?

August 26, 2019

Divorce Preparedness, Uncategorized

law, learn, learning, websites

Impossible to say. Just as soon as a great site goes up, another great site seems to go dark. The best way to find what the best websites for you to learn law are to go online and explore those…

Gardner v. Gardner – 2019 UT 28 – alimony – infidelity – tax burden

This opinion is subject to revision before final publication in the Pacific Reporter Gardner v. Gardner – 2019 UT 28 IN THE SUPREME COURT OF THE STATE OF UTAH CHRISTINA L. GARDNER, Appellant, v. NELSON D. GARDNER, Appellee. No. 20170598…

How many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?

July 3, 2019

Child Custody, Co-parenting, Custody, Divorce Fears, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Uncategorized

Not many. In fact, in many jurisdictions this has already occurred (many states have, in the past few years, passed laws that presume joint equal custody is in the child’s best interest).[1] In other jurisdictions it’s just around the corner.…

Can you re-file for custody after a judgment has been made?

July 1, 2019

Child Custody, Child Custody Modification, Uncategorized

Can you re-file for custody after a judgment has been made? Yes. In the context of a divorce or child custody action (not a termination of parental rights case), the answer is yes, at least in Utah (where I practice…

Are you glad you chose a career in law?

June 6, 2019

Divorce Attorneys, Divorce Lawyers, Uncategorized

being a lawyer, the future of law, the future of lawyers

Yes. But if you’re considering a career in law and you’re a young person, I wouldn’t rely on the experience of lawyers a generation ahead of you to determine whether law holds a bright future for you. What used to…

What is the most likely experience for kids who age out of the foster care system?

April 17, 2019

age out, experience, foster care, foster care system?

Funny you should ask, as I just finished up a conference at which a retired judge and family advocate spoke on this very subject. The statistics are tragic. Those that had the greatest impact on me: children raised in foster…

Why Are Criminals Stigmatized After They Do Their Time?

April 11, 2019

Uncategorized, Utah Law

convict, crime, ex-con, paid debt to society, served sentence, stigma

When someone serves his/her sentence to do time, and completes it, why is it still not be enough to have paid their ‘debt to society’? Why must they bear the stigma of a criminal long after they paid their debt?…

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