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When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

Divorce Utah
Alienation of Affection, Child Custody, Co-parenting, Court Orders, Uncategorized, Unwed Parents, Utah, Utah Code, Utah Court Rules, Utah Law
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Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if there are no other court orders in place that govern…
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In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

Divorce Utah
Abandonment and Desertion, Abuse, Addiction, Adoption, Adultery, Alienation of Affection, Alimony and Support, Amicable Divorce, Annulment of Marriage, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Judges, Juvenile Court, Parent Time, Physical Custody, Special Circumstances, Unwed Parents, Utah Code, Utah Court of Appeals Decisions, Utah Law
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2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January 20, 2023 Third District…
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Widdison v. Widdison – 2022 UT App 46 – custody modification

Divorce Utah
Appeal, Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parental Rights, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Sole Custody, Special Circumstances, Unwed Parents, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues
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Widdison v. Widdison – 2022 UT App 46   THE UTAH COURT OF APPEALS  NICOLE WIDDISON, Appellant,  LEON BRYANT WIDDISON,  Appellee.  Opinion  No. 20200484-CA  Filed April 7, 2022  Third District Court, Salt Lake Department  The Honorable Robert P. Faust  No.…
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Family Law Legislation 2022 – Part 1

Divorce Utah
Child Support, Divorce Law, Family Law, Parenting Plan, Unwed Parents, Utah Law
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Family Law Legislation 2022 – Part 1 This blog post reviews four bills among new proposed legislation during the 2022 session of the Utah State Legislature that deal with divorce and family law matters. H.B. 51 Title:  Gestational Agreements The…
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After a divorce, should my kids be with me or with the mom?

Divorce Utah
Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, Family Law, Fathers' Divorce Issues, 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, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues
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First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…
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Good news, for parents deserving of joint equal physical custody

Divorce Utah
Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Separation, Sole Custody, Termination of Parental Rights, Unwed Parents, Utah Law, Visitation, Women's Divorce Issues
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Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed, during the 2021 legislative session, a new Utah Code section.…
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S.B. 122 passes, despite opposition from the State Bar Family Law Section.

Divorce Utah
Child Custody, Children in Divorce, Custody, Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Unwed Parents, Utah Law, Women's Divorce Issues
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S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section’s stated opposition to the first iteration of S.B. 122 and to the general concept of a presumption of joint equal…
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Why does someone need an attorney when they can just defend themselves in court?

Divorce Utah
Addiction, Attorney Fees, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Dirty Tricks, Discovery, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Justice and Equity, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Pro se (representing yourself), Procedure and Evidence, Uncontested Divorce, Unwed Parents, Utah Code, Utah Court Rules, Utah Law, Women's Divorce Issues
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Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court? It really depends on how you define “need” here. First,…
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2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen – standing to establish paternity

Divorce Utah
Child Custody, Custody, Parental Rights, Paternity, Unwed Parents, Utah Code, Utah Law, Utah Supreme Court Decisions
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This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY D. JACOBSEN, Appellee, and JODY RHORER, Intervenor and Appellant. No.…
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Morality Clause: Can Include One in My Decree of Divorce?

Divorce Utah
Best Interest of the Child, Children in Divorce, Cohabitation, Contempt of Court, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Unwed Parents, Women's Divorce Issues
Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is against the religious teachings in our faith. Yes. In Utah…
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What are the odds of a ballot measure for 50/50 custody?

Divorce Utah
Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Unwed Parents, Women's Divorce Issues
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What are the chances of a ballot measure in CA for a rebuttable presumption that child custody should be 50/50 if both parents wish at least 50%? Slim. This isn’t important to enough people to get it on the ballot,…
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Christmas Break Parent-time 2017 – how it works

Divorce Utah
Child Custody, Children in Divorce, Custody, Dirty Tricks, Divorce Law, Fathers' Divorce Issues, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Unwed Parents, Visitation, Women's Divorce Issues
NOTE: this will explain how to calculate Christmas break parent-time for any period, in any year (but we’ll use 2017 as an example). QUESTION: I’m trying to figure out what day it ends if Christmas break in our child’s school district…
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Defending Yourself Against a Protective Order

Divorce Utah
Child Abuse, Children in Divorce, Coping With Divorce, Custody, Divorce Law, Divorce Procedure, Domestic Violence, Evidence, Fathers' Divorce Issues, GAL (Guardian ad Litem), Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Procedure and Evidence, Protective Orders, Special Circumstances, Unwed Parents, Women's Divorce Issues
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My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with all he has because: (regardless of how much the legal…
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