Legal Blog

When an unmarried couple has a child, the parent-child relationship is established by the following means: Mother-child relationship: (a) the woman’s having given birth to the child, except as otherwise provided as part of a gestational agreement; (b) an adjudication of the woman’s maternity; (c) adoption of the child by the woman; or (d) an

In the past, I’ve listed a few of the factors courts will consider in making determinations for custody awards. Here, I’d like to talk in depth about what are perhaps the most important and compelling factors. If you’re following along with the statute, regard U.C.A. 30-3- 10.2(d), which states, “whether both parents participated in raising

If you’ve ever heard anyone talk about their “parent-time” in traditional terms, you’ve probably heard the old saw “every other weekend and one night a week”. This version of parent time is also called “minimum parent time” even though it is very typical. In 2015, the legislature, in their infinite wisdom, saw fit to expand

Reaching a fair divorce settlement or preparing a good divorce case for trial requires information about the marital finances. You will want to know how much money is available and where it is. The judge will also need to know this information in order to make good decisions in your case. If your spouse managed

Sometimes, parents who are disputing custody live in different states. This adds an extra wrinkle to a divorce or custody case. If the parents cannot agree about which state should have jurisdiction, they will have to turn to litigation. Sometimes, the courts from both states will need to take part. Even if the parents agree,

Typically, if you decide to get divorced in Utah, the court will require you to participate in a mediation. Mediation can occur at nearly any point in the divorce process. But, you will be required to have participated in a mediation session before you can start scheduling a trial. Here are a number of things

In two previous blog posts, we discussed that in custody cases, a parent might decide to relocate far away. Long-distance relocation can result in a need to change the court’s previous custody/parent time orders. Your current custody order might not already deal with long-distance relocation. If so, it is likely that Utah Code § 30-3-

In a previous blog post, we discussed that in divorce, a parent might decide to relocate. If they relocate far away, it may be necessary to change the custody order to accommodate the distance factor. Some custody orders include language discussing how parents should deal with a long-distance relocation. There is also a statute, Utah

What is legal separation? In Utah, legal separation is termed, “Separate Maintenance”. It looks like a divorce in all respects except the parties are not actually divorced. That means, either by agreement or decree of separate maintenance, the court allocates various things to the couple. Such things could include child support, custody, alimony, property settlement,

The rights of parents to nurture and raise their children are deeply embedded in the history and culture of Western Civilization. This primary role of the parents in the upbringing of their children is now established beyond doubt as an enduring American tradition. Wisconsin v. Yoder, 406 U.S. 205 (1972). Accordingly, as a Constitutional protection,