Jerry Salcido, Author at St George Divorce Attorney | Southern Utah Family Lawyer | Mediation

How do you Determine the Credibility of a Witness?

Jerry Salcido — Sun, 09 Feb 2014 05:56:44 +0000

In divorce actions, especially those involving hotly contested custody issues or property and alimony issues, will likely produce conflicting evidence from the spouses. For example, we recently had a case where the spouse was making all kinds of allegations that her husband was physically abusive to both her and their children, and the father swore that he has never laid a hand on anyone in his family.

The evidence was so contradictory that the wife claimed that her husband actually pointed a gun at her head and the gun accidentally discharged, shooting the bullet through the wall into the room where their children were sleeping. The husband admitted that he had been cleaning his gun on one occasion and it accidentally discharged, but that nobody was in the home but him and the bullet hit the closet wall about 2 feet up from the floor. The judge presiding over this hearing actually stopped the hearing and advised the attorneys to advise the clients that because one of the two are lying that they better understand the perjury laws in Utah, which can result in serious criminal penalties. In spite of the admonition, neither parties admitted to lying or recanted their testimony.

In such situations like the example given above, how does the judge determine credibility, that is, how does he determine who he should believe when the evidence is completely opposite coming from each party. The Utah Legislature has found it prudent to give judges some guidance on this issue. As stated in Utah Code 78B-1-128 “The credibility of a witness may be questioned by:

(a) the manner in which the witness testifies;
(b) the character of the witness testimony;
(c) evidence affecting the witness’ character for truth, honesty, or integrity;
(d) the witness’ motives; or
(e) contradictory evidence.”

In cases like that described above, the judge is placed in a tight spot, even with the guiding principles above. Sometimes there is simply no way to tell who is telling the truth. For that reason it is extremely important that the attorneys on the case do as much research on the issues and evidence presented by the other party so that evidence can be brought forth to discredit the lying witness. Evidence showing that the witness has a history of being dishonest or has a specific motive in presenting the testimony he is giving that day is important for the judge to have to make sure that the the lying witness is not believed.

You may be facing a case where your spouse is lying in order to gain an advantage over you. Let us help you out. Give us a call or email us anytime so we can go over your case with you and help you find ways to strengthen your case.

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Utah Advisory Guidelines | Parenting Plans

Jerry Salcido — Tue, 13 Nov 2012 19:40:38 +0000

Anytime you have a joint custody arrangement, whether it is joint physical custody, joint legal, or both, the court will require you file a parenting plan. A parenting plan is suppose to layout the grounds rules upon how the joint custody arrangement will work and help to avoid conflict between the parents. The plan can address any issue which will help avoid the potential for conflict regarding the kids including such things as drop off and pick times and locations; what kinds of activities are acceptable while the kids are in a parents care; who will make certain decision such as where the children go to school, and virtually any other matter which may need to be addresses and which will help the parents work towards the mutual best interests of the children.

Standard Guidelines for Parents

The state legislature included some suggestions for parenting provisions known as the Advisory Guidelines in the divorce laws in Utah. Many parents simply adopt these guidelines as their parenting plan because, for the most part, these guidelines help most parents effectively parent following divorce. Now every case is different so the standard guidelines may not work well for you and your particular situation. For more information on parenting plans and the advisory guidelines, call and speak with a St. George Utah Divorce Attorney in our office today.

Free Consultations

At our law firm, we have helped numerous divorcing parents craft unique parenting plans which protect their interests and the interests of their children. We cannot stress enough the importance of a solid parenting plan when you have a joint custody arrangement and foresee the potential for future problems and lays out a good set of rules to the benefit of your children. Whether you have many kids or just one or two, we can help to ensure your life gets easier after divorce rather than more difficult. Do not hesitate to contact one of our Southern Utah Family Law Attorneys immediately to get a free consultation over the phone.

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Washington County Divorce Lawyers | Utah Family Law Attorney

Jerry Salcido — Fri, 05 Oct 2012 15:15:15 +0000

When searching for Washington County Divorce Lawyers, make sure you find a local attorney who understand the intricacies of the courts in Southern Utah. There are some differences between the court system in St. George and the way the Salt Lake City and Northern Utah courts operate. For instance, in Salt Lake and many other northern counties, commissioners are appointed who hear nearly all of the divorce and domestic issues in cases including protective orders, rarely do parties ever even see the actual judge assigned to the case. In Southern Utah however, the courts do not operate with commissioners but rather the Fifth District Judges hear all of the family law matters. This means that your divorce case must be as well prepared as possible from the beginning because you will likely have the same judge hear all of your motions and will eventually make a decision at trial. You see, if the judge has already ruled on a temporary basis that XYZ shall be ordered, it usually means the judge will rule the same way in a final order unless something significant has changed. So, if you are in Washington County, it is critical your case is well prepared for temporary orders and preliminary proceedings. This also is important because for the most part, having the judge decide an initial motion as opposed to a commissioner gives you essentially only one bite at the apple. While you can object to a commissioner’s ruling and then have the judge decide, the same process is not available where the judge assigned to the case has already made the decision.

Utah Family Law Attorney

At our law firm, you will find a Family Law Attorney in Washington County who is experienced in the local courts. We know how the courts here in town operate. We understand how the local judges make their decisions and what it takes to give you the best chance of meeting your goals and protecting your rights through these tumultuous times. We can help ensure you get a fair shake in the local court system and that your children are also protected. St. George and the rest of Washington County is a small community and having local counsel who understand not only the courts but the local way of life can be a tremendous help to your case. We will work hard on your behalf, call us anytime at 435.216.1034.

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Parent Time and Relocating Out of State or 150 Miles Away

Jerry Salcido — Wed, 20 Jun 2012 16:38:53 +0000

We receive many calls each week conerning questions about out of state relocation and how custody and parent time rights are effrected. Many divorce decrees follow the standard parent time relocation for these matters. Below is the complete Utah Code Ann. 30-3-37 Relocation Statute. If you have any question about the below stated law, speak with one of our St. George Divorce Attorneys today.

30‑3‑37. Relocation.

(1) For purposes of this section, “relocation” means moving 150 miles or more from the residence specified in the court’s decree.

(2) The relocating parent shall provide, if possible, 60 days advance written notice of the intended relocation to the other parent. The written notice of relocation shall contain statements affirming the following:

(a) the parent‑time provisions in Subsection (5) or a schedule approved by both parties will be followed; and

(b) neither parent will interfere with the other’s parental rights pursuant to court ordered parent‑time arrangements, or the schedule approved by both parties.

(3) The court may, upon motion of any party or upon the court’s own motion, schedule a hearing with notice to review the notice of relocation and parent‑time schedule as provided in Section 30‑3‑35 and make appropriate orders regarding the parent‑time and costs for parent‑time transportation.

(4) In determining the parent‑time schedule and allocating the transportation costs, the court shall consider:

(a) the reason for the parent’s relocation;

(b) the additional costs or difficulty to both parents in exercising parent‑time;

(d) other factors the court considers necessary and relevant.

(5) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent‑time with a school‑age child:

(a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:

(i) Thanksgiving holiday beginning Wednesday until Sunday; and

(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;

(b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:

(i) the entire winter school break period; and

(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;

(c) extended parent‑time equal to 1/2 of the summer or off‑track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent‑time to be divided between the parents for the summer or off‑track period; and

(d) one weekend per month, at the option and expense of the noncustodial parent.

(6) The noncustodial parent’s monthly weekend entitlement is subject to the following restrictions.

(a) If the noncustodial parent has not designated a specific weekend for parent‑time, the noncustodial parent shall receive the last weekend of each month unless a holiday assigned to the custodial parent falls on that particular weekend. If a holiday assigned to the custodial parent falls on the last weekend of the month, the noncustodial parent shall be entitled to the next to the last weekend of the month.

(b) If a noncustodial parent’s extended parent‑time or parent‑time over a holiday extends into or through the first weekend of the next month, that weekend shall be considered the noncustodial parent’s monthly weekend entitlement for that month.

(c) If a child is out of school for teacher development days or snow days after the children begin the school year, or other days not included in the list of holidays in Subsection (5) and those days are contiguous with the noncustodial parent’s monthly weekend parent‑time, those days shall be included in the weekend parent‑time.

(7) The custodial parent is entitled to all parent‑time not specifically allocated to the noncustodial parent.

(8) In the event finances and distance preclude the exercise of minimum parent‑time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the children.

(9) Upon the motion of any party, the court may order uninterrupted parent‑time with the noncustodial parent for a minimum of 30 days during extended parent‑time, unless the court finds it is not in the best interests of the child. If the court orders uninterrupted parent‑time during a period not covered by this section, it shall specify in its order which parent is responsible for the child’s travel expenses.

(10) Unless otherwise ordered by the court the relocating party shall be responsible for all the child’s travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child’s travel expenses relating to Subsection (5)(c), provided the noncustodial parent is current on all support obligations. If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent shall be responsible for all of the child’s travel expenses under Subsection (5), unless the court rules otherwise. Reimbursement by either responsible party to the other for the child’s travel expenses shall be made within 30 days of receipt of documents detailing those expenses.

(11) The court may apply this provision to any preexisting decree of divorce.

(12) Any action under this section may be set for an expedited hearing.

(13) A parent who fails to comply with the notice of relocation in Subsection (2) shall be in contempt of the court’s order.

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Utah Divorce Laws | Divorce Attorney in Southern Utah

Jerry Salcido — Wed, 16 May 2012 18:07:48 +0000

When going through a divorce in St. George, Cedar City, or anywhere else in the state, it is important to understand the basic Utah divorce laws and how such laws and rules can affect your case and the rights you have with your children, or to property, or anything else. Even if you have a divorce attorney in Southern Utah, you should still at least be familiar with the fundamental rules regarding family law matters so you know what to expect in the divorce process in Utah and the dos and don’ts that can either help or wreck your legal position. This article provides a brief discussion concerning a few of the most basic laws you should be aware of when beginning your case. For a more detailed discussion about your specific facts, call and speak to a member of our team now: 435.216.1034.

Divorce Education Classes

The family statutes in Utah require divorcing parents to attend divorce education classes before a court will sign off on a divorce. There are two classes and the total time for both combined is about 3 hours. The intent behind this law is to ensure that both parents understand how to act in the best interests of the child and to have common goals of parenting so the children are least impacted negatively by the divorce. The classes are held once per week in some counties. To find out more about the specific dates and times the classes are offered, you can visit the state court’s website.

Marital Property v. Separate Property

Generally speaking, any property and assets acquired during the marriage is considered marital property while any property owned by either party prior to the marriage is considered separate property. Marital property is subject to an equitable division while separate property generally not. In some cases, separate property may become marital property due to commingling, thus becoming subject to an equitable division between the parties.

Custody Factors

The general rules you should be aware of to help your arguments for custody are as follows: First, you should understand that the status quo can have a bid impact on the judge’s ultimate decision regarding custody. If you have been separated for a while and the parties have been following a joint custody arrangement and the children are well adjusted to this scenario, the judge may be inclined to follow that status quo because it typically means stability for the kids. Second, you may be entitled to have a custody evaluation in which a licensed professional makes a recommendation to the judge about custody following an evaluation. Finally, you should know that withholding parent time from the other parent can often wreck your custody case. You need to show to the judge that you will work towards the best interests of the kids and often that means facilitating parent time with the other parent.

St. George Divorce Attorney

If you are considering divorce or have been served with divorce papers by your spouse, call us today. The early steps you take to prepare your case are often vital. We will help you through this financial and emotional rollercoaster and work hard to protected you and your rights to your children and property. Call us with a St. George divorce attorney at out office as soon as possible.

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Josh Powell Custody Case | Failure to Protect

Jerry Salcido — Wed, 15 Feb 2012 21:46:50 +0000

The Josh Powell saga took a tragic turn a few days ago when he blew up his Washington home shortly after his children arrived for their weekly supervised visitation. Josh and his two young boys were all killed in the explosion. The investigation into his wife’s disappearance and possible death continues. This is an extremely sad case in which two children were killed by a disturbed individual and parent. Josh Powell first entered the spotlight several months ago after his wife went missing and Josh became a person of interest into her possible death. Mr. Powell claimed he had taken his 2 boys camping and left in the middle of cold December night. Mr. Powell claimed they camped in a remote area outside of Tooele, Utah. Mr. Powell later moved to Washington with his children where he first lived with his father. The drama grew when authorities discovered Josh Powell’s father had been in possesion of child pornography and was spying on neighbors. As a result, Mr. Powell lost custody of his children and was given supervised visitation by the court. The Court found Mr. Powell was putting the children in harms way by living with his father. This brings into question the “failure to protect” issues involved in child custody cases and whether or not a parent should lose custody of their children when they themselves have not been proven to commit any crime or cause the children any direct harm.

Abuse and Neglect Child Custody Cases in Utah

In Utah, a parent may lose custody rights to their children in cases where they fail to protect the child from abuse or neglect or from even witnessing abuse. For instance, in a case where one parent is the victim of domestic violence and fails to take action to protect themselves and protect the children from witnessing domestic violence, the state may intervene and take action. This is a highly controversial area of the juvenile court system because many parental rights are trampled on by DCFS and the state attorney general office in a good faith attempt to protect kids. There is no doubt there needs to be legal reforms in this area. While some individuals like Josh Powell are real threats to their children, others have not cause their children any harm whatsoever and nonetheless may still find DCFS knocking at the door.

Child Custody Attorney in Utah

If you are facing an abuse or neglect case with DCFS, you should consult with an attorney as soon as possible. The deck is severely stacked against parents in this system so you should take all the steps necessary to give you the best possible chance of keeping your kids safe in your home. To speak with a child custody attorney in Utah, call us today at 435.216.1034.

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Start the New Year Solving Your Family Law Problems

Jerry Salcido — Tue, 10 Jan 2012 17:52:37 +0000

A St. George Divorce Attorney Will Resolve Your Family Law Case

The new year is before us here in Southern Utah and the usual New Year resolutions have been made: a new diet, lose 10 pounds, exercise more and watch TV less, read a book, or save more money. One New Year resolution that most people living in the Southern Utah area don’t make is solving a family law problem. The last year may have found you experiencing much emotional and financial turmoil because of a divorce, child support, or alimony dispute arose but you could not do anything about it. For those facing a family law issue that started last year, it’s time to resolve that problem this year so 2012 can be one of peace and prosperity instead of turmoil and despair. A St. George divorce attorney from St George Divorce Attorney can help those with family law issues make 2012 a good year.

Uncontested Divorce | St. George Attorney

Family law problems can be expensive and time consuming, which is why it is important for those wanting to resolve their case to have a St. George divorce attorney start working on it today. By deciding to start working on the case today, a person can be fairly certain that the case will be resolved this year. Hesitating any longer may mean 2013 will see the ugly face of the case too.

Not all cases are extremely long. Some cases are easier than others and can be resolved in a few months. For example, if you and your spouse are seeking a divorce but both of you agree to the terms of a divorce, you could receive an uncontested divorce. Uncontested divorces are less expensive than a contested divorce and don’t require as much time to accomplish. They also don’t require mediation with a mediator. Because of time and expense, an uncontested divorce should be sought if it is possible. St. George divorce attorneys can quickly and efficiently handle your uncontested divorce case.

The Way to a Better Life in 2012

If you are thinking about solving your family law problem this year, then contact a lawyer from the family law experts at St George Divorce Attorney. Our divorce attorneys serve the entire Southern Utah area and will handle your case so 2012 is a year of happiness. Call 435.216.1034 to set up a free consultation with a lawyer today and start on the path towards a better life in 2012.

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St. George Family Law Attorney | Alimony Disputes

Jerry Salcido — Thu, 22 Dec 2011 21:50:38 +0000

Alimony is probably one of the most highly contested subjects in divorce proceedings next to child custody issues. Parting spouses are rarely of the mindset that they want to give money to the person they are divorcing once they are separated. So whether a party is pushing for no alimony or just less than what the other person wants, this area of law usually involves a lot of fighting. Obviously whatever the court ends up deciding is going to have a very real impact on your life and as such you should be sure to put forth the best arguments possible. The best way to make sure that your interests are represented and properly expressed to the court is by having an attorney at your side.

Utah’s Alimony Laws

There are a number of different factors that influence a courts decision concerning alimony. One of the common things to know is that courts are not likely to award alimony for a period of time l0nger than the duration of the marriage. Another thing to note is that any argument over money is going to require a lot of evidence showing how much a person makes and what was made during the marriage. With all the complexities of alimony arguments it is well worth the time and money to have an attorney help you in your alimony dispute.

Southern Utah Alimony Attorney | Divorce and Family Law Practice

Whether you are going through a divorce or are unhappy with the alimony award that was placed in your divorce decree, the lawyers at St George Divorce Attorney can help you. Our attorneys are experienced in divorce proceedings and have helped hundreds of family law clients. We will work tirelessly for your interests and make sure that your rights are protected. Call or email us today to set up a free consultation.

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Paternity Disputes | St. George Family Law Attorney

Jerry Salcido — Fri, 09 Dec 2011 22:48:07 +0000

When most people think about a paternity case they only think about establishing who the natural father of a child is. However, in a legal sense, a paternity case is much more than establishing who the father is. For couples who are not married but have children together, a paternity suit is how issues such as child support and child custody are decided. Normally these issues would be dealt with through divorce proceedings, but if the couple was never married there would be no way to establish who the father ways, how much child support should be paid, who gets custody of the children, and how will visitation work. So the legal system has established the paternity suit as a way to deal with these things for those who are not legally married.

Paternity Compared to Divorce

Although divorce is usually viewed only as the vehicle to split up a marriage, there is a lot more that goes into a divorce proceeding than just splitting up the couple. Because of this a paternity action is very similar to a divorce and really is only lacking the part where you split up the couple. Furthermore, in most paternity case situations the couple is splitting up and going through a similar process emotional as do couples divorcing.

Establishing Paternity | Family Law Representation in St. George

If you are having issues with the father or mother of your children and feel like you need to establish your rights legally then call the lawyers at St George Divorce Attorney. We offer experienced family law representation in St. George, and we can help you deal with the difficult situation you have been placed in. Whether you have custody of the kids right now or are fighting with an ex that won’t let you see your children we can help. Call us today to set up a free consultation. 435.216.1034

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Utah Marital Contracts | Family Law Attorney

Jerry Salcido — Mon, 31 Oct 2011 20:09:46 +0000

Premarital & Post-marital Agreements

Most people have heard of a prenuptial agreement or “prenup” from popular media. The storyline usually involves engaged couples becoming upset at one another over the issue of one party suggesting that they enter into a prenuptial agreement. Although prenuptial or premarital agreements are usually viewed with scrutiny under the public eye, they do actually serve a very useful purpose in many settings, and are probably more common than most believe. Often marital contracts such as premarital or post-marital contracts are viewed as abstract devices, however when marriage is viewed as a contract between two individuals, then a pre or post-marital agreement is simply an amendment to the normal marital contract.

Reasons for Marital Agreements

There are two main types of marital agreements a prenuptial/premarital agreement or a post-nuptial/post-marital. The only difference between the two agreements is the point in time when they are executed, a premarital agreement of course being before marriage and a post-marital agreement coming afterwards. The most common scenario when a marital agreement is beneficial is when couples are getting married later in life, either for the first time or for subsequent marriages. In these cases the parties most likely have more assets and may even have children that they eventually want to leave their assets to. By entering into a marital agreement the parties can dictate how their assets will be handled upon, death, separation, or divorce. Furthermore, parties can dictate how divorce proceedings will be handled if they take place as well as stipulating that alimony will not be awarded.

Family Law Attorney | Southern Utah

Although marital agreements may not be the most romantic thing engaged couples can do they may at times be the smartest. If you are considering a pre or post-marital agreement then contact the lawyers at St George Divorce Attorney. We can help you understand the process and help clear up the misconceptions so you can make an educated decision. Call or email us today to set up a free consultation.

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