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

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 …

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Bankruptcy Attorney in Salt Lake City Utah

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  …

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Utah Child Support Modification Attorney

Utah Child Support Modification

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 …

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Utah Divorce Mediation

What is the Utah Divorce Mediation Requirement?

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 …

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Utah Divorce Mediation

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 …

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Utah Criminal Attorney Ryan Holtan

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

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Utah Criminal Attorney Update

Utah Criminal Attorney Update

Utah Criminal Attorney Update 2013

The Utah criminal attorney team at Pearson, Butler & Carson, PLLC, have successfully represented many individuals charged with crimes.   Our Salt Lake City criminal lawyer group includes two former city prosecutors and other attorneys.   The purpose of this article is to update recent accomplishments of Utah criminal lawyer Matthew Kober and Utah criminal attorney Ryan Holtan.

Matthew Kober was the first Utah lawyer to help a client remove his name from the registry.  See article “Utah Criminal Defense Attorney Matthew Kober Removes Name from Registry“.  Matthew represents clients charged with crimes as well as victims of car accidents.  See Salt Lake City Car Accident Attorney.   Matthew has received additional training for personal injury claims and settlements and has recently served on a car accident expert panel.

Ryan Holtan won a trial in Vernal, Utah for a client being prosecuted for drug possession.  …

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Utah criminal defense attorney

Utah Criminal Defense Attorney Matthew Kober Removes Name from Registry

Utah Criminal Defense Attorney

Utah criminal defense attorney Matthew Kober is the first criminal defense attorney in Utah to successfully remove a person from the Utah Sex Offender Registry.  A Third District Court judge signed the order on January 25, 2013 and the client was removed from the registry on February 1, 2013.   In 2012, the Utah Legislature approved a bill to allow a narrow set of individuals to be removed from the sex offender registry under certain conditions.

See Utah Legislature HB0013 titled “Offender Registry Review”, which allows a person on the Sex Offender and Kidnap Offender Registry to petition the court for removal after five years for certain offense.

“This bill allows individuals to move on from a mistake in their past who are no longer threats to society,” explains Utah criminal defense attorney Matthew Kober.

Kober’s client’s (referred as “Client” to provide anonymity) was the first person to petition the courts for removal under this new law.   Approximately 18 years ago, the “Client” met a girl who lied to him about her age.   He was subsequently charged …

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Reaching For A Home

Utah Home Foreclosure Trend Report

Utah real estate trends show 12,307 Foreclosure Homes with $152,921 as an Average Foreclosure Sales Price.  This translates into 1 of every 911 housing units in Utah receiving a foreclosure filing in August 2012, according to RealtyTrac.  However, the trend is not consistent throughout the entire state.

Salt Lake County has some of the highest home foreclosure trends in the state of Utah: 1 of every 592 homes receiving a foreclosure filing.  Salt Lake City has 340 foreclosure properties, which is 1 of every 666 housing units.  South Jordan has 22 foreclosure properties, which is 1 of every 691 housing units.  West Jordan has 98 foreclosure properties, which is 1 of every 382 housing units. Magna has 40 foreclosure properties, which is 1 of every 202 housing units.

Davis County has one of the lowest home foreclosure trends in Utah: 1 of every 5,964 housing units receiving a foreclosure filing.  Farmington has the highest number of foreclosures in the county, accounting for 2 foreclosure properties, which is 1 of every 2,672 housing units.  Compared to Magna and West Jordan, these foreclosrues …

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Should I Franchise My Utah Business?

Utah Franchise Attorney – Should I Franchise My Utah Business?

Utah Franchise Attorney –

When our clients ask whether they should franchise their Utah businesses, they get excited thinking about all the great benefits from franchising.  Our franchise attorneys in Utah try to balance their positive outlook by pointing out the financial and legal risks from franchising.

What Must a Franchisor Do to Succeed?

Franchise success depends upon two conditions: creating a successful business model and selling this business model to prospective franchisees.  In today’s tough economic environment, many businesses are struggling to develop and sustain a viable business.  And even if the business owner has a viable company, the owner faces the challenge of selling the business model in a highly competitive franchise market.  A Utah business law attorney experienced with working with franchisors and franchisees can talk at length on this subject.   Also see our article SBA Loans Help Veterans Obtain Franchises through VetFran.

If I Have a Proven Viable Business Model, am I Ready to Franchise?

If …

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