court Archives - Divorce Utah

How can I get an emergency hearing for custody and child support?

I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for custody and child support? The answer: Have a good reason.…

What is the success rate of having a court-appointed legal aid?

September 23, 2021

Divorce Utah

Court Rules, Custody, Divorce Court, Divorce Law, Divorce Lawyers, Family Law, Lawyers, Legal System, Utah Court Rules, Utah Law

court, divorce law, family law, law, law practice, legal aide, legal counsel, Utah law

I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel has is being not as effective as paid counsel. But counsel is…

Does saying after an answer “I truly believe that”, “it truly is”, damage your credibility as a lay witness in court or is it better to don’t add this type of qualifiers?

September 22, 2021

Divorce Utah

Court Rules, Justice and Equity, Legal System, Testimony, Utah Court Rules, Utah Law, Witness

court, court rules, evidence, justice, law, law practice, lay witness, testimony, trial

First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is the first and biggest problem. Testifying about something you believe…

What is the best and fastest way to switch judges in a family court?

I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to your case. One way to get a change of judge is…

Can someone go to court to prevent their un-vaccinated ex from taking the kids, even though they share 50-50 custody?

Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your request seriously and grant it is a separate question. Would…

Law from a legal assistant’s point of view, week 3: Who is watching the court?

July 30, 2021

Divorce Utah

Court Rules, Family Law, Judges, Lawyers, Legal Assistant, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

court, court record, judges, law, legal assistant, media coverage, recordings

It is sad, but I think that becoming a legal assistant has made me want to be more engaged with civic processes. It is not sad that I want to be more engaged, it is sad that it took a…

If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?

July 5, 2021

Divorce Utah

Abandonment and Desertion, Best Interest of the Child, Child Custody, Custody, Evidence, Family Law, Parental Rights

child custody, court, custody, never ask, never asked, weight, writing, written agreement

Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No. Just because a parent may, at one point in time,…

When flawed thinking is tragic thinking (thank goodness)

I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful because they reveal a common and recurring flaw in so many people’s thinking—and identifying the…

Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those details crucial to resolving a particular issue but simply because…

Can anyone find out which spouse filed for a divorce?

June 10, 2021

Divorce Utah

Divorce, Divorce Law, Divorce Preparedness, Men's Divorce Issues, Women's Divorce Issues

couple, court, divorce, file, filing, public record, spouse

I cannot speak for all jurisdictions, but in the state of Utah (where I practice divorce and family law), if you know that a couple is divorcing or is divorced, and you know the name of at least one of…

I have custody of my child. He’s refusing to come home. What now?

May 19, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

child choice, child custody, choice, choose, court, de facto, de jure, enforce, enforcement, Modification, modify, noncompliance, noncompliant, noncomplying, petition, physical custody, powerless, primary custody, primary physical custody, sole custody

I have custody of my child. He left to go to his mom’s last Friday for the weekend. He is refusing to come home because he wants to live there. What happens now? I will answer this question in the…

Child refuses to leave noncustodial parent’s house. What happens now?

May 14, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

abusing, abusive, addressed, avoid child support, best interest of the child, change, child custody, child’s desires, children, claim, comply, court, court orders, courts, custodial parent, custody order, de facto, de jure, disobey, divorce law, family law, father, independently verifiable proof, legal, legislature, legitimate concern, limitations, live, Modification, modify, modifying, moral, neglectful, neglecting, noncustodial parent., obligation, parent, Parent Time, persuasion imposing, petition, petitioning, physical custody, powerless, punishments, resolved, restrictions, second-class parent, talk, uphill battle 14 years, victimized, violate, visitation, young

I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will answer this question in the context of my experience as…

Custody order says mother and child can’t leave the state. Is that legal?

If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another country if the father says no? I cannot speak for…

Father has 50/50 custody. Now ex is trying to take it away. What to do?

May 7, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Co-parenting, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, 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 Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues

50/50 custody, against fathers, benefit, biased, case law, child custody awards, child's life, complacent, court, criteria original child custody award, culture of bias, defend, discrimination, effort, equal physical custody award, every other weekend, evidence, ex, Exercise, factors, father, full custody, hope, impartial judge, joint equal custody, losing, loving fathers, lucky, modifying child custody award, motion to dismiss, no option, odds, overwhelming, petition to modify, physical custody award, prejudice, proof, second-class, sexual discrimination, six ways from Sunday, skilled attorneys, sole custody, stacked against fit fathers, statutory, take, vigilant, visitor status, visits

I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody? First,…

Recent thoughts about family law

Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I feel are worth sharing: – Too often litigants and attorneys…

How can an uncontested divorce be considered a law suit? Does the court even get involved in that case?

April 30, 2021

Divorce Utah

Amicable Divorce, Uncontested Divorce

amicable, court, divorce, friendly, law suit, not fighting, uncontested

How can an uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a…

Can immigrants be used in family court as a witness?

April 9, 2021

Divorce Utah

Evidence

called, court, illegal, illegals, immigrant, questioned, resident, undocumented

Can immigrants be used in family court as a witness? Yes, even illegal immigrants can be called and questioned as witnesses in court. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Can-immigrants-be-used-in-family-court-as-a-witness/answer/Eric-Johnson-311?prompt_topic_bio=1

How much does it cost to file for a divorce?

April 6, 2021

Divorce Utah

Attorney Fees, Divorce Costs, Lawyer Fees

attorney, charge, charges, cost, court, divorce, file, filing fee, findlaw.com, lawyer, other costs, paid, quara.com, services, state, states, U.S.A.

How much does it cost to file for a divorce? Good question. There are costs and then there are cost for filing for divorce. Beyond what an attorney would charge you for his/her services, there are other costs to be…

In court cases, how does taking an oath make any difference?

In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before being questioned as a witness in a legal proceeding (whether…

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself? It certainly can. It depends upon the…

Tag: court