Non-Parental Rights

Non-Parental Custody If you are a relative of a child by blood or marriage, you may be interested in what your rights are pertaining to that child. Perhaps you feel that the parents are not caring for the child properly and you want to intervene. Or you may simply want a relationship with the child and […]

Protect Your Parental Rights: A Word of Caution

The law is meant to be protective of parental rights. When it comes to giving up parental rights in the case of an adoption, there are a few ways that can happen. Consider, for example, that a child has both a biological mother and a biological father who divorce. The father gets remarried and wants […]

Thoughts on Custody Evaluations

What is a custody evaluation? A custody evaluation is a process in which a mental health professional interviews, observes, and evaluates you, your ex, and your children. At the end of the evaluation process, they give their professional recommendation about custody arrangements to the judge. These recommendations are not legal decisions. The judge could choose […]

4 Ways to Make Your Divorce Easier on Your Teenager

Divorce is hard on everyone involved. Parents often fear that their divorce will do irreparable harm to their children. While studies have shown many adverse effects of divorce on offspring, there are things you can do to lesson those effects and help your children cope better. Even in ideal circumstances, the teenage years can be […]

What Can You Do When a Loved One is Arrested

There are probably few things more stressful than watching your loved one get arrested or hearing about it after the fact. Here are the first few steps you can take if this is what you are facing.   Step 1: Stay calm and try to find out the most important facts.   Most likely you are dealing with many difficult emotions. Try your […]

The 4 Best Ways Ensure Fair Child Support

Child support is one of the only certainties you can expect when getting a divorce or establishing custody.  Although you cannot avoid child support, there are a few ways you can affect how much you actually have to pay directly to the custodial parent or to the Office of Recovery Services. Here are five ways […]

How Much Of Your Time Can A Cop Waste?

A police officer cannot indefinitely detain you during a traffic stop. They also cannot dither about and waste your time. According to State v. Baker, a police officer can only keep you long enough as is necessary “to effectuate the purpose of the stop.” For instance, if they pull you   over because of a traffic violation, […]

Is The Exclusionary Rule Constitutional?

You may be familiar with the exclusionary rule, and how beneficial it is to a defense in a criminal matter. You may not be aware of the fact that it’s not a constitutional guarantee in Utah, or at least not one that is firmly rooted. In the recent Utah Supreme Court case, Utah v. Rowan, […]

Terminating Alimony Because of Cohabitation

Terminating alimony can be a complicated issue. In most circumstances, it terminates in only a few ways: The recipient spouse remarries. They no longer have need. They cohabit with another person. If the recipient spouse remarries, alimony typically terminates automatically, unless the decree states otherwise. Where there is no need or there is cohabitation, you […]

Utah Needs Its Own Family Court

The current system in Utah for dealing with divorce and other domestic issues is that it must go through commissioners who act as gatekeepers to the assigned judge. Cases are under the jurisdiction of the District Court, and if a case ever makes it to trial, a judge will ultimately rule on it. The Utah […]