Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically are not, in my experience) but because the family law system appears to love custody evaluations. And why does the system love custody evaluations? One main reason: it takes the job of reviewing and analyzing the child custody evidence off the judge’s plate. Another reason: some courts honestly find custody evaluations truly informative. In fairness, a custody evaluator who gathers relevant facts, an ..read more

“Some false representations contravene the law; some do not. The law does not pretend to punish everything that is dishonest. That would seriously interfere with business, and, besides, could not be done. The line between honesty and dishonesty is a narrow, shifting one and usually lets those get by that are the most subtle and already have more than they can use.” Utah Family Law, LC | divorceutah.com | 801-466-9277  The post Clarence Darrow, from The Story of My Life excerpt appeared first on Divorce Utah ..read more

2024 UT App 54 – Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth District Court, Provo Department The Honorable M. James Brady No. 164402522 Julie J. Nelson, Attorney for Appellant, Douglas B. Thayer, Andy V. Wright, and Jessica Griffin Anderson, Attorneys for Appellee JUDGE GREGORY K. ORME authored this Opinion, in which JUDGES DAVID N. MORTENSEN and RYAN M. HARRIS concurred. ORME, Judge: ¶1        Michael Robert Tilleman (Father) an ..read more

2024 UT App 52 – In re A.S.   THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. V.S., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20230338-CA Filed April 11, 2024 Third District Juvenile Court, Summit Department The Honorable Elizabeth M. Knight No. 1214949 Julie J. Nelson and Alexandra Mareschal, Attorneys for Appellant Sean D. Reyes, Carol L.C. Verdoia, and John M. Peterson, Attorneys for Appellee Martha Pierce, Guardian ad Litem JUDGE RYAN D. TENNEY authored this Opinion, in which JUDGES DAVID N. MORTENSEN and JOHN D ..read more

2024 UT App 51 – Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second District Court, Farmington Department The Honorable Michael D. DiReda No. 094701582 Julie J. Nelson, Attorney for Appellant Brian E. Arnold, Attorney for Appellee JUDGE RYAN M. HARRIS authored this Opinion, in which JUDGES RYAN D. TENNEY and AMY J. OLIVER concurred. HARRIS, Judge: ¶1        In 2019, nine years after her divorce, Amy L. Bailey (Amy) filed a petition to modify the child sup ..read more

I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in support of their claims and defenses aren’t nearly as helpful as they were expected to be. Why? 1)      Proximity of the witness to the parties or to the facts. I don’t mean physical proximity, but I do mean their personal relationships to the parties or to the events witnessed. These witnesses could be a mother, father, brother, sister, best friend, etc. Courts expect these kinds of people to be loyal, even to the poin ..read more

“Our laws can be friendly to those who obey them, and too often useful to those who don’t.” Share F. Cullen The post Quote by Share F. Cullen appeared first on Divorce Utah ..read more

I’m Braxton Mounteer, a legal assistant. I’ve written and talked about this problem before, but it’s a recurring problem and a serious one. It’s hard enough to muster the courage to hire a divorce lawyer and pay so much money to your lawyer to represent you in your divorce in the hope that your lawyer can protect you, guide you through the divorce process, help you make sense of what’s going on, and bring you to the end of the divorce process with an equitable outcome. So why do so many clients make it so difficult for their lawyers to help them? Why do so many clients procrastinate? Why do th ..read more

First, you need ask a different question before you get to the question of a father’s chances of winning full or primary custody of children in divorce. The question should not be “what are my chances,” but instead, “What custody arrangement is best for our children?” It is my view that as long as both parents are fit (not perfect, and not equally fit, but each parent meets minimal requirements of parental fitness), both parents love their children and want to be as involved as they can be with their children while the children are still minors, and both parents live within very close proximit ..read more

2024 UT App 47 – In re K.J. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.J., M.J., AND K.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. D.F. AND K.J., Appellants, v. STATE OF UTAH, Appellee. Opinion Nos. 20230102-CA and 20230103-CA Filed April 4, 2024 First District Juvenile Court, Logan Department The Honorable Bryan P. Galloway No. 1218130 Alexandra Mareschal, Kirstin Norman, and Jason B. Richards, Attorneys for Appellant D.F. Emily Adams, Attorney for Appellant K.J. Sean D. Reyes, Carol L.C. Verdoia, and John M. Peterson, Attorneys for Appellee Martha Pierce, Guardian ad Litem JU ..read more