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2020 UT App 21 – UTAH COURT OF APPEALS – common law marriage

2020 UT App 21 – THE UTAH COURT OF APPEALS JULIE RIVET, Appellant, v. LOUIS HOPPIE, Appellee. Opinion No. 20181018-CA Filed February 13, 2020 First District Court, Logan Department The Honorable Brian G. Cannell No. 164100697 Marlin J. Grant, Attorney…

Is it legal to record threatening callers? Are recordings admissible?

You question has two parts. Part 1: can you legally record phone calls (or an in-person conversation)? ANSWER: It depends on the jurisdiction. Some states won’t allow you to record a conversation (whether on the phone or in person) without…

Is it illegal to video record people in your home without their knowledge?

October 2, 2019

Dirty Tricks, Discovery, Divorce Fears, Divorce Preparedness, Infidelity, Spousal Spying, Utah Code, Utah Law

crime, hidden camera, house, misdemeanor, secret, surveillance, Utah code, Utah Code § 76-9-401, Utah Code § 76-9-402, video

Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah): Utah Code § 76-9-401. Definitions. For purposes of this part: (1) “Private place” means a…

Is there a “statute of limitations” for seeking child support?

June 22, 2019

Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah Code, Utah Law, Women's Divorce Issues

4 years, 8 years, child support statute of limitations, eight years, four years, limitations, statute of limitations, Utah code, Utah Code § 78B-15-109, Utah Code § 78B-5-202

I can’t speak for all states, but I can answer the question for the state where I practice law (Utah): Utah Code § 78B-15-109. Limitation on recovery from the obligor. The obligor’s liabilities for past support are limited to the…

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 Utah Legislative Session – animal cruelty is now domestic violence

May 27, 2019

Domestic Violence, Protective Orders

animal cruelty, Domestic Violence, Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and one amendment was made by Senate Bill 45, which adds aggravated cruelty to an…

2019 Utah Legislative Session – parentage, child custody factors

May 24, 2019

Child Custody, Custody, Paternity, Utah Code, Utah Law

2019 Utah Legislative Session, 78B-15-610, custody, divorce statutes, Parent Time, parentage action., Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019. The legislature amended section 78B-15-610 of the Utah Code, which applies in parentage actions (which…

2019 Utah Legislative Session Makes Keeping a Protective in Place Even Easier! (Boo).

May 21, 2019

Protective Orders, Utah Code, Utah Law

dismiss, dismissal, Domestic Violence, protective order, Utah code, violation

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and one amendment was made by Senate Bill 75, which modified provisions relating to dismissal…

2019 Utah Legislative Session – expanded definition of incestuous marriage

May 17, 2019

Utah Code, Utah Law

incestuous marriage, Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019, and were going to tell you about all of them, just not all at once.…

Child Custody, Utah Code Section 30-3-10, and medical cannabis

May 16, 2019

Child Custody, Children in Divorce, Custody, Divorce Law, Utah Code, Utah Law

30-3-10, child custody, marijuana, medical cannabis, medical marijuana, Utah code

Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10 to ensure that parents who legally use or sell medical…

New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others

May 15, 2019

Child Custody, Children in Divorce, Divorce Law, Utah Code, Utah Law

2019, 30-3-34, extended family, step parents, Utah code, Utah Legislature

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in previous blog posts. Another change is the addition of new…

New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

May 14, 2019

Best Interest of the Child, Child Custody, Children in Divorce, Divorce Law, Utah Code, Utah Law

30-3-34, best interest of the child, Utah code

New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. Some amendments were good, some bad.…

New laws from 2019 Utah Legislative Session – Section 30-3-34

May 13, 2019

Best Interest of the Child, Child Custody, Children in Divorce, Divorce Law, Utah Law

2019 Legislative Session, 30-3-34, emotional health, Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will be awarded according to the statutory minimum schedule unless a…

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…

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…

Does Child Support Automatically End? Or Do I Have to Request That?

February 7, 2019

Child Custody Modification, Child Support

78B-12-219, child support ending, child support terminating, child support termination, ORS, Utah code

QUESTION: Hi there, Eric. I am current on my child support and will continue to be current on what I own until my children are 18. At that time, will my payments automatically stop or will I have to go…

My parents are unmarried. Can I choose which one I live with?

September 20, 2018

Child Custody, Custody, Paternity

Utah code, Utah Code § 30-3-10(1)(e), Utah Uniform Parentage Act

So my parents were unmarried and I’ve been in custody of my mother. I want to be with my dad however, how does everything work so I can live with him? If you just tell Mom you want to live…

How does custody of children work if the parents live in different states?

September 6, 2018

Child Custody, Children in Divorce, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

§ 30-3-37, Utah code, Utah Code § 30-3-37

How does custody of children work if the parents live in different states? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law in Utah). There are two kinds of child custody in…

Lay v. Lay – 2018 UT App 137 – § 30-3-35.1 parent-time not mandatory

July 25, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

“may consider”, § 30-3-32, § 30-3-35, § 30-3-35.1, mandatory, optional, optional schedule, Parent Time, schedule, Utah code

2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan Department The Honorable Bruce C. Lubeck No. 074400807 Steve S.…

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