Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
In re Adoption of J.E. – 2024 UT App 34 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF J.E., E.E., AND L.E., PERSONS UNDER EIGHTEEN YEARS…
The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…
In re H.H. - 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H.…
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
Whether you believe that everyone needs (or could benefit from) therapy or that it is only for the most dysfunctional families, you, like most people, likely agree some therapy has…
In re Adoption of M.A. - 2024 UT 6 This opinion is subject to revision before final publication in the Pacific Reporter 2024 UT 6 IN THE SUPREME COURT OF…
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…
What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
There are plenty of things you can do (plenty of activity in which you can engage), but whether any of it will do any good is the question. The answer…
I am a divorce and family lawyer. I think you’d be hard-pressed to find a court anywhere in this country (USA) that would consider a mother temporarily receiving unemployment benefits…
Another bill under consideration during the 2024 Utah legislative session is House Bill 193 (HB0198 (utah.gov)). This bill would, if passed into law, 1) make clear that a “totality of…
Another potential law up for consideration in the 2024 Utah legislative session is H.B. 194. This bill would, if passed, amend provisions relating to adoption and child placement by amending the…
When those who realize they may be ordered to pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their income in the hope…
Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…
Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…
Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 129 (HB0129 (utah.gov)), entitled “Child Support Requirements”. This bill would,…
Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session. H.B. 20 is entitled “Parental Rights Amendments” According…
Hard truths incoming. When dealing with a co-parent who is afflicted with a personality disorder, do these things, and do them all at the same time: 1) Examine your own…
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
Divorce is already hard enough on the parties involved, but it is even harder on the children of the recently separated family. I speak as a child of divorce, who…
According to the "General Description" of H.B. 272, what's not to like?: Highlighted Provisions: This bill: ▸ defines terms; ▸ in certain proceedings involving child custody: specifies requirements for the admission of expert…
You have to show that the trial court that made the child custody decision committed an appealable error. Many people believe that an appeal of a trial court’s decision is…
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
Regardless of your feelings towards your ex-spouse, if you have children, you will have to talk or otherwise communicate to your ex (and do so often) about the minor children…
Before you read another word, know this: the answer in these situations is, “It depends on many and varying factors.” Nobody likes that kind of answer, but it’s the truth…
STATE OF UTAH, IN THE INTEREST OF R.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.G., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220635-CA Filed November 24, 2023 Second…
2023 UT App 137 - Lobendahn v. Lobendahn THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…
In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the…
Confer with an attorney in the jurisdiction where you and/or the other parent now reside who has knowledge and experience with registering foreign divorce and child custody orders in the…
That's a good question. One that I've wondered about myself, but I don't know of any such studies. That doesn't mean they don't exist, it's just that I don't know…
Many people complain (justifiably) about child support in this regard: parents who qualify to receive child support or to receive more child support by being unemployed, underemployed or who deliberately…
This is a subject that comes up frequently. It comes up frequently not because misappropriating child support is a hard problem to mitigate but because the courts don’t have the…
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.H. AND R.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. L.G., Appellant, v. R.G. AND R.G., Appellees. Opinion No. 20220920-CA…
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
Utah Code § 78A-2-705 provides that, “The court may appoint an attorney as a private attorney guardian ad litem to represent the best interests of the minor in any district…
I think I know why you think it’s weird. Why have the children live with one parent instead both parents on an equal custody basis? In other words, “I’ll bear…
In re A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
Absolutely. No question about it. Now, don’t confuse “he has every right to ask for receipts” with “he has every right to receipts”. If a child support payor (known in some jurisdictions as the…
2023 UT App 95 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant, v. STATE OF UTAH,…