Utah Divorce Attorney

Divorce & Family Law Newsletter (Sept 2014)

With the ever critical role of expert testimony in family law cases, attorneys should take care to educate trial courts on the proper use of testimony of guardians ad litem, custody evaluators, and therapists.  Trial judges often simply adopt the recommendations of these experts.  A r

Grandparents can petition for custody of their grandchildren

The State presumes that decisions made by a parent is in a child’s best interest. But the State will admit this is not always true and, therefore, it does allow for the presumption to be overcome and will grant custodial or visitation rights to someone other than a parent. However, to

Grandparent’s Rights Statute Found to be Unconstitutional

A new case has completely changed the way that Courts evaluate Utah’s Grandparents Rights Statute, Utah Code Section 30-2-5. This statute was created to give grandparents their own independent rights to visitation with their grandchildren under specific circumstances. Instead of provi

How the Court will determine an award of alimony

How the Court will determine an award of alimony Utah law establishes factors that the Court can consider when determining an award of alimony, including: the financial need of the receiving spouse, the receiving spouse’s earning potential, the ability of the paying spouse to provide

How will the Court consider the teenager’s custody preference

One of the factors that judges can consider when determining child custody awards is the preference expressed by the minor children.  However, this expressed preference is only one of the factors the court can consider, and courts have varied on how much weight they give this factor.