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Recent Blog Posts

Child support and guidelines

Can parents (or persons having child’s custody) agree on paying lower child support than the Utah guidelines require?  The answer is yes, they can providing they draft specific findings that complying with guidelines will be unjust, inappropriate or not in the best interests of a minor child.  If there is no agreement between the parents,… Read More »

Disability and right to counsel

In Summer of 2017 the ACLU of Utah filed a case asking the court to issue a ruling that anyone who is a respondent to legal guardianship proceedings should be entitled to representation.  The lawsuit challenged the 2016 Utah law eliminating the need for counsel under some circumstances.  The case is ongoing and I will… Read More »

Parenting Plan

When parties are filing their divorce or paternity case and they have children, they are required to file their proposed parenting plan pursuant to U.C.A. Sections 30-3-10.7,  30-3-10.8, 30-3-10.9.  Parenting plan can be very detailed and cover topics like parent time schedule, out of town trips, caretakers, right of first refusal, pick up and drop… Read More »

Guardianship/Conservatorship

The guardianship section needs to talk about guardianships for adults and guardianship for minor children. These are two different processes in Utah. The drafters need to review and describe procedures set in Utah Code Ann. §75-5-303 (as amended) specifically, provisions when an attorney or a court visitor needs to be appointed for an incapacitated person;… Read More »

Custody Evaluation

In some cases, it becomes important to have a custody evaluation done. In order to start the process, a petitioning parent has to prepare a motion with supporting documents and ask the court to appoint a custody evaluator. The rules mandate who can be a custody evaluator. A majority of them are Licensed Clinical Social… Read More »

The Price of Not Having a Lawyer

Once in a while potential clients ask me whether they need a lawyer in order to handle their divorce.  I tell them that although there is no legal requirement to have an attorney, if you have contested issues or unclear on property settlement issues, you may want to consult with an attorney.  Once I had… Read More »

New Amendments to Utah Family Laws

Legislative session is over in Utah and the following new family laws entered the legal horizon:   1. Dating Violence Protection Act.  Dating parties now can apply for a protective order when one party commits abuse or dating violence against the other party.   2. Established that parties convicted of certain sex offenses may not… Read More »

Pending Legislation

New Bills Pending During This Legislative Session Dating Violence Protection Act. Pending before Utah Legistature. The question is: do people in dating relationships need the same level of protection as people in family relations? The Act does have a limitation where it allows to obtain a Protective Order for 180 days only. This is reasonable… Read More »