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Utah Court of Appeals Decisions

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2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

May 29, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

“before a district court may enter a judgment by default that transfers custody of a child, 2017 UT App 10, 391 P.3d 1051, 649 P.2d 51 (Utah 1982), Blocker v. Blocker, Hogge v. Hogge, the trial court must take evidence and then make findings that a substantial change of circumstances has occurred and that transferring custody of the child is in the child’s best interests.”, Utah Code § 30-3-10.4(2)

2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court, Ogden Department The Honorable Ernest W. Jones No. 134901419 Randall…

Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time

May 28, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Dirty Tricks, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Paternity, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

§ 30-3-34, § 30-3-35, § 30-3-35.5, ¶ 26, 1999 UT App 290, 2001 UT App 225, 2009 UT App 233, 2014 UT 10, 2016 UT App 135, 2017 UT App 192, 2018 UT App 38, 2018 UT App 5, 217 P.3d 733, 29 P.3d 676, 326 P.3d 645, 379 P.3d 890, 406 P.3d 258, 414 P.3d 933, 420 P.3d 53, 436 (Utah 1993), 604 (Utah 1989), 761 P.2d 942 (Utah Ct. App. 1988), 776 P.2d 599, 850 P.2d 431, 989 P.2d 491, Bond v. Bond, Davis v. Davis, Elmer v. Elmer, Fullmer v. Fullmer, Gillmor v. Wright, Hudema v. Carpenter, K.P.S. v. E.J.P., Kimball v. Kimball, Shuman v. Shuman, State v. Nielsen, Taft v. Taft, Utah code

Nebeker v. Orton – 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140…

2019 UT App 83 – Nave Free v. Free – modification of child support

May 23, 2019

Assets/Debt/Property, Best Interest of the Child, Child Support, Child Support Modification, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2004 UT App 314, 2009 UT App 152, 2013 UT App 296, 2015 UT App 308, 2016 UT 48, 2016 UT App 125, 2016 UT App 135, 2017 UT App 192, 2018 UT App 195, 311 B.R. 618, 323 P.3d 586, 365 P.3d 719, 379 P.3d 882, 379 P.3d 890, 387 P.3d 1000, 406 P.3d 258, 437 P.3d 464, 78B-12-210(9)(b)(iii), 897 N.Y.S.2d 401, 98 P.3d 1178, Bagley v. Bagley, Cantrell v. Cantrell, Child Support, Diener v. Diener, Dole v. Dole, Earhart v. Earhart, Fish v. Fish, Hansen v. Hansen, In re Harrelson, income had substantially increased, medical expenses of children, needs, petition to modify the divorce decree, Poberesky v. Poberesky, relative wealth, remarried, renting out a house, Shuman v. Shuman, substantial change in material circumstances, Taft v. Taft, upward deviation, Utah Child Support Act, Utah Code §§ 78B-12-101 to 403

2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019 Fourth District Court, Heber Department The Honorable Jennifer A. Brown…

2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time

May 22, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Supervised Parent-time, Supervised Visitation, Utah Court of Appeals, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

(Utah Ct. App. 1998), ¶ 33, 2000 UT App 213, 2009 UT App 365, 2016 UT App 94, 2017 UT App 10, 2017 UT App 192, 2018 UT App 137, 2018 UT App 184, 2018 UT App 196, 223 P.3d 456, 374 P.3d 45, 391 P.3d 1051, 406 P.3d 258, 427 P.3d 1221, 437 P.3d 370, 437 P.3d 445m, 649 P.2d 51 (Utah 1982), 694 P.2d 608 (Utah 1984), 967 P.2d 942, Becker v. Becker, best interests of the child, bifurcated procedure, Blocker v. Blocker, change in circumstances, changed circumstances, Childs v. Childs, Erickson v. Erickson, Hanson v. Hanson, Hogge v. Hogge, Jensen v. Jensen, Jones v. Jones, Lay v. Lay, maintaining relationship with child, mandate rule, older child, professional therapy, Shuman v. Shuman, speak by phone, special master, Stephens v. Stephens, unable to afford supervised visitation, unsupervised parent-time, welfare, without incident

2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553…

2019 UT App 81 – In re A.R. – permanent custody and guardianship

2019 UT App 81 – In re A.R. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R., R.R., AND V.R., PERSONS UNDER EIGHTEEN YEARS OF AGE. E.R., Appellant, STATE OF UTAH, Appellee. Per Curiam Opinion No.…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

What Legal Research Is and Why It’s Important to Your Case

April 9, 2019

Attorney Fees, Divorce Preparedness, Lawyer Fees, Utah Code, Utah Court of Appeals Decisions, Utah Supreme Court Decisions

appellate court, application, apply, case law, cases, construction, decisions construe, legal research, statutes, Utah code

Most clients have no idea how much work takes place behind the scenes at most law firms. More than the copious phone calls, emails and text messages back and forth to opposing counsel/parties. Planning, research, evidence gathering, document drafting, court…

LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 – THE UTAH COURT OF APPEALS – LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman…

Marroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

Marroquin v Marroquin – 2019 UT App 38 THE UTAH COURT OF APPEALS HEATHER MARROQUIN, Appellant, v. RENSON AMILICAR MARROQUIN, Appellee. Opinion No. 20170454-CA Filed March 14, 2019 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…

In re C.C.W. – 2019 UT App 34 – termination of parental rights

March 12, 2019

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

2019 UT App 34, abandonment, appeal, best interest, best interest of children, ex-husband, father, In re C.C.W., mother, Utah Court of Appeals, violence

In re C.C.W. http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=In re C.C.W.20190307_20170360_34.pdf 2019 UT App 34 THE UTAH COURT OF APPEALS IN THE INTEREST OF C.C.W. AND Z.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D.T. AND GUARDIAN AD LITEM, Appellants, v. C.L.W., Appellee. Opinion No. 20170360-CA…

2019 UT App 24 – Bountiful City v. Baize – child abuse vs. discipline

February 19, 2019

Abuse, Child Abuse, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions

child abuse, discipline, spanking, Utah Code section 76-2-401, Utah Code section 76-5-109

2019 UT App 24 THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20170155-CA Filed February 14, 2019 Second District Court, Bountiful Department The Honorable Glen R. Dawson No. 161800370 Scott L. Wiggins, Attorney…

Nebeker v. Orton – 2019 UT App 23 – custody and parent-time

2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140 Jared L. Peterson, Attorney…

Rosser v. Rosser – 2019 UT App 5 – contempt of court

January 16, 2019

Contempt of Court, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions

§ 78B-6-301, contempt, contempt of court, court order, deceit, disobedience, mediation, Utah Code § 78B-6-301

2019 UT App 5 THE UTAH COURT OF APPEALS HOLLY REBECCA ROSSER, Appellee, v. RONALD LEE ROSSER, Appellant. Opinion No. 20170736-CA Filed January 10, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman No. 154600013 Steven W. Beckstrom,…

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department The Honorable Lynn W. Davis No. 064402132 Danielle Marie Hartvigsen,…

In re Adoption of B.N.A. – 2018 UT App 224 – adoption subject matter jurisdiction

December 18, 2018

Adoption, Utah Court of Appeals, Utah Court of Appeals Decisions

2018 UT App 224 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, V. T.L. AND A.L., Appellees. Opinion No. 20180316-CA Filed December 6, 2018 Third District…

In re A.W. 2018 UT App 217 – termination of parental rights

December 4, 2018

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

2018 UT App 217 The Utah Court of Appeals STATE OF UTAH, IN THE INTEREST OF A.W. AND A.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.W., Appellant, v. STATE OF UTAH, appellee. Opinion No. 20180150-CA Filed November 23, 2018 Fourth…

In re K.J., 2018 UT App 216 Utah Court of Appeals – termination of parental rights

December 3, 2018

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

abuse, Chapter 6., dependency proceedings, neglect, termination of parental rights, Utah Coee Title 87A

2018 UT App 216 The Utah Court of Appeals State of Utah, In the Interest of K.J., A Person under Eighteen Years of Age. J.J., Appellant, AND C.J., Appellant, v. STATE OF UTAH, Appellee. Opinion Nos. 20170812-CA and 20170814-CA Filed…

Hosking v. Chambers – 2018 UT App 193 – termination of alimony

October 22, 2018

Alimony and Support, Men's Divorce Issues, Termination of Alimony, Utah Court of Appeals, Utah Court of Appeals Decisions, Women's Divorce Issues

alimony, cohabitation, common household involving shared expenses and shared decisions, intimate relationship, shared residence, termination, termination of alimony

2018 UT App 193 The Utah Court of Appeals CRAIG HOSKING, Appellee, v. ERIN JO CHAMBERS, Appellant. Opinion No. 20160444-CA Filed October 12, 2018 Second District Court, Ogden Department The Honorable W. Brent West No. 044901699 Jason B. Richards, Brandon…

Dole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division

October 16, 2018

Division of Marital Property, Divorce and Taxes, Divorce Law, Fathers' Divorce Issues, Finances, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Retirement Benefits, Taxation, Utah Court of Appeals Decisions, Women's Divorce Issues

2018 UT App 195 The Utah Court of Appeals JULIE ANN DOLE, Appellee, v. CHRISTOPHER PATTON DOLE, Appellant. Opinion No. 20160702-CA Filed October 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie No. 124905567 Jay L.…

Stephens v. Stephens – 2018 UT App 196 – modifying child custody and support

October 16, 2018

Child Custody, Child Support, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Mothers' Divorce Issues, Utah Code, Utah Court of Appeals Decisions, Women's Divorce Issues

2018 UT App 196, modifying child custody, modifying child support, Stephens v. Stephens

2018 UT App 196 The Utah Court of Appeals DONOVAN TODD STEPHENS, Appellee and Cross-appellant, v. BRIDGET NICOLE STEPHENS, Appellant and Cross-appellee. Opinion No. 20170440-CA Filed October 12, 2018 Third District Court, West Jordan Department The Honorable James D. Gardner…

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