Family Law Flashcards

A Utah protective order petitioner must show she is a 'cohabitant' who has been subjected to abuse or domestic violence. Which relationship does NOT qualify as a cohabitant under the Cohabitant Abuse Act?

Answer: A casual acquaintance who has never lived with, been related to, or been in a relationship with the petitioner

Utah's Cohabitant Abuse Act covers spouses, former spouses, persons living or formerly living together, relatives, co-parents, and dating partners, but not mere acquaintances.

Before a Utah court terminates parental rights, the state must prove statutory grounds such as unfitness or neglect by what standard of proof?

Answer: Clear and convincing evidence

Consistent with Santosky v. Kramer, Utah requires clear and convincing evidence of statutory grounds plus a finding that termination is strictly necessary in the child's best interest.

Utah requires that termination of parental rights be 'strictly necessary.' What does this requirement obligate the juvenile court to do?

Answer: Consider whether less-drastic alternatives, such as a permanent guardianship with a relative, could serve the child's welfare

Under In re B.T.B. and Utah Code § 80-4-301, courts must find termination strictly necessary from the child's perspective after exploring feasible less-restrictive options like guardianship.

A married woman in Utah gives birth; her husband is presumed the father. Which fact triggers this presumption of paternity?

Answer: The child is born during the marriage or within 300 days after the marriage ends

Under the Utah Uniform Parentage Act, a man is presumed the father of a child born during his marriage to the mother or within 300 days after the marriage terminates.

In dividing a pension earned partly during a Utah marriage, courts typically apply which approach to the marital share?

Answer: The time-rule (Woodward) formula awarding the non-employee spouse half of the portion accrued during the marriage

Under Woodward v. Woodward, Utah treats retirement benefits accrued during the marriage as marital property, typically dividing that portion equally using a time-based formula.

A Utah obligor's child support order may be modified without showing a substantial change in circumstances if what condition is met?

Answer: Three years have passed and the recalculated guideline amount differs from the current order by at least 10%

Utah Code § 78B-12-210 permits a motion to adjust support if at least three years have passed and the guideline recalculation differs by 10% or more, without proving changed circumstances.

Which fault ground remains available for divorce in Utah alongside the no-fault ground of irreconcilable differences?

Answer: Adultery

Utah retains fault grounds under Utah Code § 30-3-1, including adultery, willful desertion, cruelty, habitual drunkenness, and felony conviction, alongside irreconcilable differences.