Before I dive into my next case law summary blog, I’d like to take a step back and offer some basic advice for anyone going through a divorce or custody battle. Divorce is complicated and excruciatingly difficult, both emotionally and technically. I have done a lot of these, and there is one question that could really make things easier for so many people: “is there an easier way?” Parties to these cases could really help themselves if they started asking this question at every turn. They should ask it of themselves, of their lawyer, and of the opposing lawyer.
Legal custody refers to which parent has the major decision making power for the child.
This case law update has a summary of all of the family law decisions from the Utah Supreme Court and the Utah Court of Appeals since the last update. There is a particularly helpful summary on proceeds from civil litigation, whether or not they are marital or separate property, and a helpful discussion about the UCCJEA. Enjoy!
The ACLU and the National Center for Transgender Equality have prepared a great report that helps transgender parents and practitioners understand the rights available to these families. Handling a case of this nature often raises difficult issues. These organizations have ample experience to advise on best practices for achieving positive results for the parents and children. Access the report here: https://www.aclu.org/sites/default/files/field_document/aclu-tg_parenting_guide.pdf
The case law update gives important information on relocation, custody, civil procedure, attorney fees, and retirement. Enjoy!