Utah Archives

Why Your Lawyer Might Drop Your Case By Braxton Mounteer

September 22, 2023

Attorney Fees, Business Interests, Divorce, Divorce Attorneys, Divorce Lawyers, Education, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal Assistant, Utah

client, drop case, lawyer, losing a lawyer, pro se

So, you have gotten news that your attorney has quit. Your attorney wrote you an email informing you that he or she your counsel either will soon withdraw as your counsel or has filed and served a notice of withdrawal of…

What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?

Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view. Utah law provides that termination is strictly necessary only when, after…

If You Were Getting Divorced, Would You Want Your Friends or Family to Throw You a Divorce Party?

September 11, 2023

Divorce Utah

Amicable Divorce, Defamation, Divorce, Divorce Mistakes, Education, Utah

celebration, divorce, divorce party, mistake

No.

How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer

Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her case), and answered questions with “the truth, the whole truth,…

My Spouse Tells Me She Is Going to File a Motion for Temporary Orders. What Does That Mean?

September 7, 2023

Divorce Utah

Court Orders, Court Rules, Divorce, Divorce Court, Divorce Law, Divorce Procedure, Education, Family Law, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

divorce, education, filing, spouse, temporary orders

I’m just at the beginning stages of a divorce case, but already in the thick of it. My spouse tells me she is going to have her lawyer file a motion for temporary orders. What does that mean? Good question.…

I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?

I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For the typical child in your situation, i.e., one who wants to…

How Is Child Support Determined When the Non-custodial Parent Doesn’t Have a Job, but Is Living on Millions of Inheritance?

September 5, 2023

Divorce Utah

Assets/Debt/Property, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Court Rules, Education, Legal System, Utah, Utah Code, Utah Law

Child Support, imputed income, income, inheritance, work

This is a more complex question than it might at first appear. First, we need to address the matter of people who confuse beliefs with facts. If I had a dollar for every client or potential client parent who came…

The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The only way to terminate a parent’s parental rights and obligations…

What does it mean when he tries to avoid a legal fight in court for child custody?

It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not want custody of the child or doesn’t care to litigate…

As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?

Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and custodial parent has an unfettered right to travel with the…

How Creative Writing and Legal Writing are Connected By Braxton Mounteer

August 25, 2023

Divorce Utah

Divorce Court, Divorce Law, Divorce Lawyers, Education, Family Law, Lawyers, Legal Assistant, Legal System, Utah, Utah Law

braxton mounteer, creative writing, legal writing

How one writes in the legal world and how one writes in the world of creative are both very similar and very different. When I became a legal assistant, I thought that expository and creative writing would rarely overlap, yet they…

A Changed Perspective on Justice as a New Legal Assistant By Braxton Mounteer

August 18, 2023

Divorce Utah

Divorce, Divorce Court, Divorce Law, Divorce Lawyers, Education, Family Law, Legal Assistant, Legal System, Utah, Utah Law

civil law, equity, justice, law, legal assistant

After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system. When someone is asked to explain justice, they would say…

If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?

There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make decisions for a minor child regarding the child’s health and…

Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?

Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here is how property is divided between spouses in a divorce:…

Last Week, My Ex Came Into Family Court Smelling of Pot but Still the Judge Favors Her Over Me. What Can I Do?

August 14, 2023

Divorce Utah

Addiction, Contempt of Court, Court Rules, Divorce Court, Divorce Fears, Substance Abuse, Utah, Utah Code, Utah Court Rules, Utah Law

drugs, ex, family court, judge, judge favor, pot, weed, what to do

Does your jurisdiction permit people to make use of marijuana recreationally? Or to make use of it with a doctor’s prescription or a “medical marijuana card”? If so, then smelling of marijuana may not be enough to cause a court…

Does the Utah Constitution protect abortion rights?

August 10, 2023

Divorce Utah

Court Orders, Education, Family Law, Judges, Legal System, Utah, Utah Court Rules, Utah Law, Utah Supreme Court Decisions

abortion, constitution, healthcare, right, Utah, Utah Supreme Court

Read this article to learn about how the Utah Supreme Court is hearing arguments about elective abortions in Utah and which rights are protected in the state. ; https://www.sltrib.com/news/politics/2023/08/08/does-utah-constitution-protect/

The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?

This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children his/her scheduled parent-time or custody yet does not want the…

If a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?

August 9, 2023

Divorce Utah

Best Interest of the Child, Coping With Divorce, Court Orders, Court Rules, Divorce, Divorce Mistakes, Family Law, Jurisdiction, Utah, Utah Code, Utah Law

contact, district, jurisdiction, orders, school

If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose the order. If the court has jurisdiction to issue an…

How Do I Inform a School About Divorce and That Their Father Is Not Allowed to Pick Them Up?

August 8, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Child Protective Order, Coping With Divorce, Custody, Fathers' Divorce Issues, Mothers' Divorce Issues, Utah, Utah Code, Utah Court Rules, Utah Law

child custody, custody, divorce, school

Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring an uncertified copy of the applicable court order(s) or just…

Utah Wife Charged With Fatally Poisoning Her Husband.

August 7, 2023

Divorce Utah

Domestic Violence, Legal System, Utah

fentanyl, gag order, Kouri Richins, murder, Utah laws

Judge orders lawyers in Kouri Richins cases to limit what they say to press Prosecutors had initially requested a more substantial gag order, citing “overwhelming media interest.” by Jordan Miller, June 2, 2023 https://www.sltrib.com/news/2023/06/02/judge-orders-lawyers-kouri-richins/ jordanm@sltrib.com Follow @jordanrmillerr See also Kamas widow…