Legal Blog

Unmarried Partners: Custody

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

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Child Custody Considerations – part 3 – Joint Custody

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

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Child Custody Considerations – part 2

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

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Mediation and Divorce

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

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WHAT HAPPENS WHEN A PARENT RELOCATES OR WANTS TO RELOCATE?—Part 2

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

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Legal Separation

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,

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Termination of Parental Rights

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,

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