Why Get it Straight From the Horse’s Mouth When You Can Get a Truncated Version, Second-Hand?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
2d ago
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children who are the subject of the custody and parent-time dispute and then make observations and recommendations regarding what the custody and parent-time awards should be based in part on those interviews. But they never record their interviews with the children. Instead, every custody evaluator (except one) that I know and every PGAL that I know wants us to believe (as opposed to knowing, based upon an objecti ..read more
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What Assumptions Can You Make About Someone Who Has Been Divorced Twice?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
3d ago
You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both mean “to take something as true,” “presume” implies more confidence or evidence backed reasoning. An “assumption” suggests there is little evidence supporting your guess. People make assumptions all the time, often (but not always) to their detriment and the detriment of the people of whom they make assumptions. You know what they say about people who assume. That stated, assumptions based upon sufficient ..read more
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In re Adoption of J.E. – 2024 UT App 34 – termination of parental rights – adoption
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
In re Adoption of J.E. – 2024 UT App 34 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF J.E., E.E., AND L.E., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.E., Appellant, v. K.M.L. AND L.L.L., Appellees. Opinion No. 20230162-CA, Filed March 14, 2024 Third District Court, West Jordan Department The Honorable Matthew Bates No. 222900154 Julie J. Nelson and Alexandra Mareschal, Attorneys for Appellant Bradley A. Schmidt, Attorney for Appellees JUDGE DAVID N. MORTENSEN authored this Opinion, in which JUDGES RYAN D. TENNEY and JOHN D. LUTHY concurred. MORTENSEN, Judge: ¶1     ..read more
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I Am Going through a Custody Battle and the Other Parent Is Making False Statements About Me in Court. What Can I Do to Protect Myself and My Child?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you read all of this first. This is and has been a major, serious problem in family law for as long as I can remember. It’s not getting better. It victimizes far too many innocent people who naively trust the legal system to value truth and justice above all. Guilt by accusation. Accuse your spouse of being an abusive parent, and immediately the accused finds himself or herself in a position of guilty until proven innocent. Judges (and that ..read more
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2024 UT App 28 – Smith v. Smith
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
1w ago
2024 UT App 28 – Smith v. Smith THE UTAH COURT OF APPEALS JACQUELINE P. SMITH, Appellee,  v. DANIEL H. SMITH, Appellant. Opinion No. 20220697-CA  Filed March 7, 2024  Third District Court, Salt Lake Department  The Honorable Robert P. Faust  No. 194902295 David Pedrazas, Attorney for Appellant Deborah L. Bulkeley, Attorney for Appellee JUDGE AMY J. OLIVER authored this Opinion, in which JUDGES DAVID N. MORTENSEN and RYAN M. HARRIS concurred. OLIVER, Judge: ¶1        This divorce case illustrates why the sequence of determining al ..read more
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In re O.N. – 2024 UT App 27 – failure to sign notice of appeal
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
1w ago
In re O.N. – 2024 UT App 27 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF O.N. AND R.N., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.D., Appellant, v. STATE OF UTAH, Appellee. Per Curiam Opinion No. 20230987-CA Filed March 7, 2024 Sixth District Juvenile Court, Kanab Department The Honorable Alex Goble No. 1215052 Emily Adams, Attorney for Appellant Sean D. Reyes and John M. Peterson, Attorneys for Appellee Martha Pierce, Guardian ad Litem Before JUDGES RYAN M. HARRIS, RYAN D. TENNEY, and JOHN D. LUTHY. PER CURIAM: ¶1        K.D. (Mother) moves to re ..read more
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Understanding legal terms in Utah divorce actions
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
1w ago
If you’re anything like I am, you don’t like being ignorant and confused about terms aren’t familiar with and do not understand. If you are contemplating divorce or find yourself in the midst of a divorce, you will encounter a lot of new legal terms. Understanding them correctly will help you work your way through a divorce with more confidence and less worry. These videos will introduce you to the terms you will hear and need to understand. In this first video we will define some of the most common terms you’ll read or hear in the beginning stages of a divorce case in Utah. Subsequent videos ..read more
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Can Child Support (Whether Prospectively or Retrospectively) Be Waived by the Child Support Payee?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
1w ago
The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the parties comply with Utah Code § 78B-12-109. Waiver and estoppel (1) Waiver and estoppel shall apply only to the custodial parent when there is no order already established by a tribunal if the custodial parent freely and voluntarily waives support specifically and in writing. (2) Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child. (3) A noncustodial parent, or ..read more
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If I’m asked to take a urine test in the courthouse, will someone watch me?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
1w ago
Probably. The schemes and technology for providing fake urine samples have advanced so much and are available so easily to everyone that most urine collection that courts order is observed during the collection process to ensure that it “naturally” comes out of the body of the person who is subject to the urinalysis. And it’s not just at the courthouse where urine samples are observed coming out of the body. That can be ordered to happen at a drug testing facility or hospital, at home, anywhere, really. Utah Family Law, LC | divorceutah.com | 801-466-9277 The post If I’m asked to tak ..read more
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In re H.H. – 2024 UT App 25 – termination of parental rights
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
2w ago
In re H.H. – 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H. AND D.H., Appellants, v.  STATE OF UTAH,  Appellee. Opinion Nos. 20220803-CA and 20220820-CA Filed February 29, 2024 Second District Juvenile Court, Farmington Department The Honorable Jeffrey J. Noland Nos. 1163279 and 1163280 Scott L. Wiggins, Attorney for Appellant T.H. Emily Adams, Sara Pfrommer, Hannah Leavitt-Howell, Marjorie Christensen, and Melissa Jo Townsend, Attorneys for Appellant D.H. Sean D. Reyes, Carol L.C. Verdoia, and John ..read more
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