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Is it difficult for fathers to win a Utah child custody case?

On May 9, 2013
By jbutler
With No Comments

Is it harder for a father to win a Utah child custody case?

We are often asked if it is more difficult for a father to win a Utah child custody case. Last week, KSL specifically addressed this question. See “Are fathers getting short end of the stick in Utah custody cases?” on KSL.com.

At the law offices of Pearson, Butler & Carson, PLLC, our Utah divorce attorney team has represented both mothers and fathers in child custody matters. Divorce can be very stressful, and adding what appears to be a bias for mothers having child custody in Utah can add emotional and financial pressure on fathers who are going through a divorce. Child custody procedures can also be very confusing. On the official Utah State Courts website, the court concedes that you “are not required to hire an attorney, but custody and parent time can be complicated. Consider talking to an attorney to go over your problems.” See Utah State Courts – Child Custody.

What is Utah Child Custody?

Utah child custody cases include 2 types of custody, physical custody (where the child live) and legal custody (which parent has …

On April 8, 2013
By jbutler
In Criminal Law
With No Comments

Salt Lake City Utah Criminal Defense Attorney Ryan Holtan Wins Dismissal of Class A Misdemeanor Assault Charges

Salt Lake City Utah Criminal Defense Attorney Ryan Holtan Wins Dismissal

In Utah, a Class A misdemeanor is punishable up to 1 year in the state county jail and up to a $2,500 fine. A Class A misdemeanor is the most serious misdemeanor charge in the State of Utah. When a criminal defendant already has prior misdemeanor or felony charges in Utah, what appears to be a simple crime may be enhanced to a Class A misdemeanor. For example, a protective order violation is usually grounds for a criminal defendant being charged with a Class A misdemeanor.

“People often under-estimate the serious consequences of a Class A misdemeanor simply because it is a misdemeanor as opposed to a felony,” explains Salt Lake City Utah criminal defense attorney Ryan Holtan. “A criminal defendant may be sentenced more severely for a Class A misdemeanor than a feloney.”

In a recent case, Utah Criminal Attorney Ryan Holtan successfully defended a client accused of Utah drug charges with a Class A …

On April 5, 2013
By jbutler
With No Comments

Bankruptcy Attorney in Salt Lake City Utah Discusses Latest Bankruptcy Filing Statistic Trends

Latest Bankruptcy Filing Statistics by Bankruptcy Attorney in Salt Lake City Utah

The United States Bankruptcy Court, District of Utah, updated its filing statistics for March 2013. See below.

Chapter Jan. Feb. March April May June 7 560 639 1,134 0 0 0 13 400 368 443 0 0 0 11 4 2 2 0 0 0 12 0 0 0 0 0 0 (2013) 964 1,009 1,579 0 0 0 (2012) 1,103 1,279 1,767 1,521 1,562 1,415

Based on the graph, Utah Chapter 7 filings increased from 560 in January and 639 in February to 1,134 in March. March Chapter 7 bankruptcy filings doubled thosed in January and almost doubed those in February. It is common for more individuals and couples to file for Chapter 7 bankruptcy protection in March around the time that they receive their tax refund money that they can use to pay to file for bankruptcy protection. Similarly, the number of Chapter 13 bankruptcy filings increased from 400 in January and 368 in February to 443 in March. But we don’t see the doubling in Chapter 13 …

On April 2, 2013
By RyanGregerson
With No Comments

Utah Child Support Modification

Attorney Ryan Gregerson wanted to provide child support modification information to help our clients better understand the legal process for modifying child support obligations in Utah. For more information, feel free to call Ryan at (801) 948-0655:

Once a party has received a child support order from the court, the order may be modified if certain conditions are met. Generally, a party must file a Petition to Modify with the court and request the change. A party may request a change in child support once three years have passed since the entry of the order taking into consideration the following:

(i) determine whether there is a difference between the payor’s ordered support amount and the payor’s support amount that would be required under the guidelines; and (ii) if there is a difference as described in Subsection (8)(b)(i), adjust the payor’s ordered support amount to the payor’s support amount provided in the guidelines if: (A) the difference is 10% or more; (B) the difference is not of a temporary nature; and (C) the …

On March 19, 2013
By RyanGregerson
In Family Law
With No Comments

Understanding Divorce in Utah by Salt Lake City Divorce Attorney

Understanding Divorce in Utah

The purpose of this blog is to help Utah residents have a better understanding of divorce in Utah. Two often repeated questions our Salt Lake City Utah divorce attorney team are asked by individuals seeking divorce advice are ”Should I get divorce?” and “What if I have minor children in my divorce?”. I wanted to briefly answer both of these common questions.

Should I get divorced?

Getting divorced is a very personal decision. Consult with friends, family, clerical leaders, and therapy professionals to provide some guidance to this difficult decision. The attorneys at Pearson, Butler & Carson, PLLC, respect the institute of marriage. Our Utah family lawyers encourage people to save their marriage if they can, and if appropriate. Unfortunaley, not all marriages can be saved. Once you’ve made that decision to get divorce, you should enlist the help of a Salt Lake City Divorce Attorney to help you understand your rights, give you a better understanding of the process, and an advocate to be on your side. The Utah Divorce …

On March 15, 2013
By jbutler
With No Comments

What is the Utah Divorce Mediation Requirement?

Our family law clients sometimes ask why Utah divorce mediation is mandated by the Utah State Courts. The reason is simple: mediation provides the best opportunity for parties in a family-related matter to work together in achieving a resolution agreeable to both parties. Mediation allows parties to share information necessary to resolve disputes and implement parenting agreements.

When Does Utah Divorce Mediation Requirement Apply?

In the divorce process, the parties are Petitioner and Respondent. After the Petitioner files the divorce petition, the Respondent must answer the divorce petition. Items not agreed to in the divorce petition are sent to mediation.

See “When is Utah Divorce Mediation Mandatory?” Also see “Divorce Process in Utah“.

What Benefits Do the Utah Divorce Mediation Requirement Provide?

Mediation provides a venue to discuss parenting conflicts and divorce issues notwithstanding this tender emotional time. The purpose of mediation is to provide an atmosphere where parties can collaborate and agree on …

On March 15, 2013
By jbutler
With No Comments

When is Utah Divorce Mediation Mandatory?

When Did Utah Divorce Mediation Become Mandatory?

In a divorce procedure, there are two parties, the Petitioner who files for divorce by filing a divorce petition and the Respondent who responds or answers the divorce petition. Since 2005, Utah has required all contested issues to be referred to mediation once a Respondent answers the divorce petition. At minimum, both parties must participate in one mediation session before the case may proceed through the court system, with a few exceptions. See Utah Courts Divorce Mediation.

How is a Utah Divorce Mediator Chosen?

Utah law requires the parties to identify and pay for a mediator to provide a mediation session. These costs are typically divided between both parties. The mediator providing Utah divorce meditation must be qualified under Section 78-31b-5. In the event that the parties cannot afford a mediator, they may apply for financial assistance or request a pro bono mediator.

What if Divorce Mediation is Inappropriate?

In the event that the parties feel that divorce mediation is in inappropriate for …

Utah Bankruptcy Exemptions include residential homestead exemption.

On March 13, 2013
By LenCarson
In News
With No Comments

What are Utah Bankruptcy Exemptions?

Almost everyone who comes in for a free initial bankruptcy consultation asks me if they are going to lose a car or a house because they are filing bankruptcy. They think that they will have their property taken away as some kind of punishment for filing. That is not how it works.

Most of my clients get to keep their car and their house. They also get to keep all of their clothing, appliances, beds and bedding, and food and provisions. Chapter 7 Bankruptcy and Chapter 13 Bankruptcy is supposed to be a “fresh start” for people. To make sure that happens, the United States Bankruptcy Court, District of Utah, allows people to keep a certain amount of property when they file. Each state gets to decide how much their citizens get to keep. What you get to keep is called your Exempt Assets, or your Protected Property. In Utah, the Exemption Statute is found in Utah State Code Section 78B-5-505.

How Do Utah Bankruptcy …

Utah Lawyers Offering Full-Service Legal Help

On March 3, 2013
By jbutler
In blog
With No Comments

Utah Lawyers at Pearson, Butler & Carson Offer Full-Service Legal Help

Utah Lawyers Offer Full-Service Legal Help

When the law office of Pearson, Butler & Carson, PLLC, was formed, the intention was to create a full-service law firm for Utah small business owners and consumers. Founders Carson Pearson and Jeff Butler saw that many Salt Lake City Attorney offices were offering a few legal services and would be placed in a predicament when their clients needed attorney services outside of their practice areas. This model appeared inefficient and ineffective.

For instance, clients looking at divorce options would be facing a lower household income making it difficult to continue payments on unsecured creditors, auto loans, and large mortgages. The divorce attorneys would spend hours and bill those hours to a client trying to decide which spouse was responsible for different debts. Often times, however, one of the spouses would choose to keep their primary residence and be required to refinance the house within a certain period of time, such as within a 2-year period. Unfortunately, the housing market declined and the spouse found it impossible to refinance the residential mortgage. …

On March 1, 2013
By RyanHoltan
With No Comments

Salt Lake City Criminal Attorney Ryan Holtan Continues String of Jury Trial Success

Salt Lake City Criminal Attorney

Salt Lake City Criminal Attorney Ryan Holtan continues his string of jury trial victories with two more not guilty verdicts in two separate felony trials in just this past month alone. These victories mark the latest in an already incredibly succesful career with Pearson, Butler & Carson, PLLC.

“With so many complaints about our criminal justice system being nothing but a plead and punish assembly line it is critical to recognize triumphs in our American justice system” explains Utah Criminal Attorney Holtan. “Trial by jury is one of our most significant constitutional guaruntees but unfortunately it has become as commonly exercised as the 3rd Amendment.” See also “Layton Utah Criminal Defense Attorney“.

Ryan Holtan is an integral member of Pearson, Butler & Carson’s defense counsel. His Utah criminal attorney practice includes misdemeanor and felony criminal charges defense: assault, battery, Utah drug charges, DUI, DWI, sex crimes, and violent crime. He is a Utah DUI Attorney and

Testimonials

Dear Jeff, You were so kind to meet with me and offer such great ideas to help me with my business. You were genuine, caring, and showed true concern for my success. Thank you.Scott H.

I own a Utah business and the guys at Pearson, Butler & Carson are great to work with. They really are interested in their clients and very helpful. If your looking for honest hard working people, I recommend their firm.Spencer T.

Simon Cantarero has reviewed our legal documents and made necessary changes to help us grow in our business. I would recommend his legal advice and trust his expertise. Thank you.Marie H.

Jeff, Carson and Len and their team are a amazing team with a wealth of knowledge and ready to get people back on track…Keep it up PBC LAW…Jason H.

My son was charged with second degree felony. We worked with various other attorneys in this case and we were not happy with their service. We were relieved when we met Mr. Ryan Holtan. Ryan is a young passionate trial lawyer. My family was impressed with his assertiveness, confidence, positive attitude, and a keen interest in my son’s case.Humphrey M.

Thankfully with the professionalism and expertise of the lawyers at Pearson, Butler & Carson, our Chapter 7 Bankruptcy went very quickly and smoothly. Best of all they never belittled us or made us feel dumb. At each step of the way they were there to hold our hand through the whole process. We recommend that anyone who is considering a bankruptcy take the time to meet with the attorneys at Pearson, Butler & Carson.Matthew H.

Jeff Butler is a great attorney. He is very personable. Jeff consulted with me about some legal matters concerning my business. I value his knowledge and expertise. He is super easy to talk to and gave me some great information that has been very helpful to me. I do not hesitate to refer family and friends to this law firm. If you have legal matters you need help with, these guys are the ones to call.Glen S.

When I was injured in a car accident, I could not work. I had a family to support and the insurance companies were not going to pay me what I needed. Pearson Butler, and Carson were able to get the insurance companies to pay me what we needed. I was able to get all my medical debt covered as well as the resources to support my family until I was able to work again.Lane H.

My family was going through a difficult time financially, and bankruptcy was going to happen. Pearson, Butler, & Carson helped us sort everything out. They consulted us on the right type of bankruptcy. We are now working on paying down our debt, and the creditors are gone.Chris C.

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