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Utah Court of Appeals Decisions

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In re A.B. – 2021 UT App 91

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt Lake Department The Honorable Julie V. Lund No. 1174795 Steve…

2021 UT App 77 – Miner v. Miner – alimony, attorney fees

2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court, St. George Department The Honorable Jeffrey C. Wilcox No. 174500373 …

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

What are some cases of extended relatives getting visitation rights with children?

July 12, 2021

Best Interest of the Child, Family Law, Grandparent rights, Parental Fitness, Parental Rights, Stepchildren, Stepparents, Utah Code, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

grandparent visitation rights, petition to terminate parental rights, standard of proof, visitation rights for extended family members, visitation rights for non-family members

In Utah, that question has been thoroughly discussed on the subject of grandparent visitation rights in the case of Jones v. Jones. and if you don’t want to read the rest of my answer, Jones vs. Jones set an extremely…

Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

July 2, 2021

Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Physical Custody, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Personal Property, Physical Custody, Preparing for Divorce, Property Division, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

attorney's fees award, interspousal gifts, joint equal physical custody, joint parent-time, joint physical custody, marital property, Nakkina v. Mahanthi - 2021 UT App 63, Utah Court of Appeals

Nakkina v. Mahanthi – 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No.…

Ward v. McGarry – 2021 UT App 51

Ward v. McGarry – 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Court of Appeals of Utah. Sara WARD, Appellant, v. Meredith MCGARRY, Appellee. …

In re A.H. – 2021 UT App 57, Ineffective Assistance, Reasonable Efforts

ttps://www.utcourts.gov/opinions/appopin/In%20re%20A.H…20210528_20190846_57.pdf In re A.H. – 2021 UT App 57 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.H., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190846-CA Filed May 28, 2021 Third District Juvenile Court, Salt Lake Department …

Can a divorced spouse claim rights to a previous primary residence?

April 19, 2021

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

Can a divorced spouse claim rights to a premarital primary residence?

April 15, 2021

Assets/Debt/Property, Business Interests, Coping With Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Personal Property, Real Estate/Real Property, Special Circumstances, Spouse's Business, Utah Court of Appeals Decisions, Utah Supreme Court Decisions, Valuation, Women's Divorce Issues

245 P.3d 176, 760 P.2d 304, 761 P.2d 1369, 799 P.2d 1166, 802 P.2d 1314, 855 P.2d 260, 9 P.3d 171, achieves, appreciated value, appreciation, augmented, Burt v. Burt, commingled, distributing property, distribution, divorce proceedings, divorced spouse, Dunn v. Dunn, during marriage, efforts, Elman v. Elman, equitable, equitable property division, equity, equity demands, exceptional circumstances, exceptions, extraordinary situations, fair, general rule, just, Kelley v. Kelley, maintained, marital asset, Mortensen v. Mortensen, Noble v. Noble, premarital, premarital property, primary residence, property, protected, Rappleye v. Rappleye, rights, separate, separate property, trial courts

Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that is clearly not a marital asset. In the jurisdiction where…

2021 UT App 28 – Utah Ct. Appeals – In re C.Z.

March 15, 2021

Parental Rights, Termination of Parental Rights, Utah Court of Appeals Decisions, Utah Law

2021 UT App 28 - The Utah Court of Appeals, 78A-6-105, 78A-6-312, 78A-6-507, DCFS, Dependency, Domestic Violence, safety plan, termination of parental rights, Utah code

2021 UT App 28 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.Z., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.Z., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20200227-CA Filed March 12, 2021 Third…

Can grandma sue if the child stopped visiting because of COVID-19?

March 12, 2021

Child Custody, Child Custody Modification, Court Orders, Legal Custody, Modification of Child Custody, Termination of Parental Rights, Utah Court of Appeals Decisions

COVID, COVID-19, sued for custody

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild after you stopped taking the child to see her because…

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19?

March 4, 2021

Child Custody, Child Custody Modification, Court Orders, Legal System, Modification of Child Support, Termination of Parental Rights, Utah Court of Appeals Decisions

custody, grandma, grandmother, lawsuit, mom, Parent Time, parental rights, suing

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild after you stopped taking the child to see her because…

Allen v. Allen – 2021 UT App 20 – custody, alimony, child support

March 1, 2021

Alimony and Support, Child Custody, Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

alimony, child custody, Child Support, contempt, custody, spousal support, Utah Court of Appeals

Allen v. Allen – 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No. 20190369-CA Filed February 25, 2021 Third District Court, Salt Lake…

Thomas v. Thomas – 2021 UT App – contempt, modification of custody

February 2, 2021

Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parent Time, Parental Alienation, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2021 UT App 8, alienating, animosity, attorney fees, attorney fees and costs on appeal, children, conflicts, contempt, daughter, denying parent-time, derogatory, discussing adult issues with the children, disparaging, divorce, divorce decree, fine, had the ability to comply, Honorable Anthony L. Howell, intentionally failed or refused to do so, joint physical custody, knew what was required, love and affection, Parent Time, parent-time schedule, parenting disputes, primary custody, purge contempt, putting the children in the middle, rule 53, sanctions, son, special master, supervised, suspension of any licenses issued by the state, therapy, thirty days incarceration in county jail, Thomas v. Thomas - 2021 UT App, triangulate, Utah Court of Appeals, Utah Rules of Civil Procedure

Thomas v. Thomas – 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021 Fourth District Court, Nephi Department The Honorable Anthony L. Howell…

In re J.R.H. – 2020 UT App 155 – witness credibility, sufficiency of evidence

November 27, 2020

Evidence, Juvenile Court, Utah Court of Appeals Decisions

2009 UT 23, 2020 UT App 155, 210 P.3d 288, apparently false, existence of any additional evidence, In Re J.R.H., incredibly dubious, inherently improbable, lack of any corroboration, material inconsistencies, no other circumstantial or direct evidence of guilt, State v. Robbins, testimony

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.R.H., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R.H., Appellant, vs. STATE OF UTAH, Appellee. Opinion No. 20190419-CA Filed November 13, 2020 Fourth District Juvenile Court, Spanish Fork…

In re Adoption of B.F.S – 2020 UT App 149 – venue for adoption vs. venue for petition for determination of rights

November 26, 2020

Adoption, Utah Court of Appeals Decisions, Utah Law

§ 78B-6-105, § 78B-6-109, § 78B-6-134, adoption agency, adoption proceedings petition for a determination of rights, benefits, child’s best interests, custody and control, order of temporary custody, protections, protections and benefits of Utah law, Utah Code § 78B-6-102(1), Utah law, Utah-based, venue

2020 UT App 149 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.F.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. HEART TO HEART ADOPTIONS INC., Appellant. Opinion No. 20190933-CA Filed November 5, 2020 Third District Court,…

Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 154403120 Julie J. Nelson,…

Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event

2020 UT App 141 – THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 164400963 Aaron R.…

Hardy v. Hardy – 2020 UT App 88 – Utah Court of Appeals – civil stalking

September 23, 2020

Civil Stalking, Dirty Tricks, Protective Orders, Restraining Orders, Stalking, Stalking Injunction/Civil Stalking Injunction, Utah Code, Utah Court of Appeals Decisions, Utah Law

2020 UT App 88 THE UTAH COURT OF APPEALS KAREN HARDY, Appellee, v. BRIAN NEIL HARDY, Appellant. Opinion No. 20190496-CA Filed June 11, 2020 Fifth District Court, St. George Department The Honorable Michael Leavitt No. 190500106 Lewis P. Reece and…

In re C.M.R. 2020 UT App 114 – abuse, ineffective assistance of counsel

August 25, 2020

Abuse, Ineffective Assistance of Counsel, Juvenile Court, Utah Code, Utah Court of Appeals Decisions

abuse, Dependency, ineffective assistance of counsel, neglect

2020 UT App 114 https://www.utcourts.gov/opinions/appopin/In%20re%20C.M.R…20200806_20190808_114.pdf THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.M.R., B.T.R., P.J.R., F.S., AND O.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190808-CA Filed…

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