In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
15h ago
2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January 20, 2023 Third District Juvenile Court, Salt Lake Department The Honorable Annette Jan No. 1198329 D.E., Appellant Pro Se Sean D. Reyes, Carol L.C. Verdoia, and John M. Peterson, Attorneys for Appellee Martha Pierce, Guardian ad Litem Julie J. Nelson, Debra M. Nelson, Alexandra Mareschal, and Kirstin Norman, Attorneys for Amicus Curiae Utah Indigent Appellate Defense Division JUDGE RYAN M. HARRI ..read more
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In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
3d ago
2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210553-CA Filed January 20, 2023 Third District Juvenile Court, Summit Department The Honorable Elizabeth M. Knight No. 1190244 Gregory W. Stevens, Attorney for Appellant Sean D. Reyes, Carol L.C. Verdoia, and John M. Peterson, Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, in which JUDGES GREGORY K. ORME and RYAN D. TENNEY concurred. CHRISTIANSEN FORSTER, Judge: ¶1 Appellant J ..read more
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Do Family Law Attorneys Typically Play Along With Unreasonable Client Demands?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
The better question is: Do SOME family law attorneys typically play along with unreasonable client demands? The answer is, unequivocally, yes: some family law attorneys typically play along with unreasonable client demands. And their numbers are bigger than you’d guess. Family law attorneys who play along with unreasonable client demands do so out of a need (or a greed) for clients and a fear that if they don’t agree with their clients and do their bidding, no matter how crazy/unfair the client’s desires are, they will lose the client (and the client’s fees). As good as it may make a client fe ..read more
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How Does One Prove False Allegations of Parental Alienation?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
With great difficulty, in most (not all) cases. “It used to be a fashion amongst men that when a charge was made some sort of proof was brought forward to establish it, and if no proof was found to exist, the charge was dropped.” – Abraham Lincoln Few courts are slaves to such fashion when it comes to allegations of child abuse (and parental alienation is a form of child abuse; even if the term “parental alienation” is not codified, manipulating a child to fear and hate a parent is emotionally and psychologically abusive in anyone’s book). Many courts treat evidence differently when dealing wi ..read more
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Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department The Honorable Noel S. Hyde No. 134500028 Brent D. Wride, Attorney for Appellant Brian E. Arnold and Lauren Schultz, Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, in which JUDGES GREGORY K. ORME and DAVID N. MORTENSEN concurred. CHRISTIANSEN FORSTER, Judge: ¶1 Prior to their marriage, Robben Ann Oldroyd (Ann) and Farrell Lynn Oldroyd (Farrell) built a home on ..read more
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Can You File for Defamation While a Custody Battle Is Pending?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
I cannot speak to what the law is in all jurisdictions, but I can answer this question as it applies in the jurisdiction where I practice divorce and family law (Utah). Custody battles can arise between married and unmarried parents. Without conducting deep analysis of the question of whether one can you file a defamation case against the other parent while one is involved in a child custody case, I am aware of no legal prohibition against it and while it’s rarely advisable to engage in two different lawsuits with the same person at the same time, I can think of no reason why the pending child ..read more
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2023 UT App 10 – Death of Spouse Before Court Rules
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 124100133 Cassie J. Medura and Jarrod H. Jennings, Attorneys for Appellant Douglas B. Thayer and Mark R. Nelson, Attorneys for Appellee JUDGE GREGORY K. ORME authored this Opinion, in which JUDGES MICHELE M. CHRISTIANSEN FORSTER and RYAN D. TENNEY concurred. ORME, Judge: ¶1&nb ..read more
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Can You Win a Custody Battle Without an Attorney?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
Can you? Meaning: is it possible? Of course it’s possible. Likely? That depends. I had written over 500 words in my first draft of the answer to this question when I realized I could state the answer clearly with fewer words. Here is one way of analyzing the question. There is generally an embarrassingly obvious and high level of sexual discrimination against fathers in child custody cases. In my experience, this is what I’ve noticed, if the child custody award is an all-or-nothing proposition*: All things being equal, the mother’s odds of success are higher than those of the father ..read more
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What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what happens to a child in a custody case where both parents try to alienate the child from the other parent and the rest of their family? 1) What does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; It’s hard when a court has two lousy parents fighting over custody. Neith ..read more
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How Do You Prove Parental Alienation in a Child Custody Case?
Utah Family Law - Divorce and Family Law Done Right
by Divorce Utah
5d ago
Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than past answers, but I will still try to ensure that I touch upon all the important points as to why: Parental alienation is hard to identify and define. Sure, there are some actions and inactions of a parent that are clearly and unmistakably intended to manipulate the child to fear or hate the other parent, to poison a child’s relationship with the other parent. But we don’t see that that often (either because, thankfully, m ..read more
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