In re G.B. – 2022 UT App 98
2022 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.B. AND A.C., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.R.B., Appellant, v. STATE OF…
So I want to ask my dad to divorce my mom.
So I want to ask my dad to divorce my mom. She has a troublesome personality, to say. I'm currently 16 and the relationship between not just me and my…
Can I gain full custody if I’m bipolar?
I don't want anything to do with my child's father. Can I gain full custody if I'm bipolar? First, thank you for being so candid and blunt. This is a…
If each parent is fully capable, will the court still give full custody to mom?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Can an adult child be sued for helping one parent divorce the other?
Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just…
Why would a father give a child’s abusive mother full custody?
Why would a father whose attorney had outed his children's mother as a schizophrenogenic narc monster give her full custody? “Give?” If the father had it within his power to…
How does someone take custody of a child after winning custody?
When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of…
True or false: Better to divorce than have a miserable life.
This blog post is in response to this question: I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn.…
How can I reveal my soon-to-be ex as having NPD in our custody case?
How can I reveal my soon-to-be ex as having NPD in our child custody case? You're asking the wrong question. You shouldn't be asking how you can prove your spouse…
How would my fiancé go about getting any sort of custody for his child?
That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…
Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside
2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…
How can I help my stepdaughter get away from an abusive mother?
How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s…
Is appointing a guardian ad litem helpful in custody cases?
Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah,…
How will it affect children to switch schools every other school year?
How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not…
If both parents are wonderful, will the court still favor the mother?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
What is the argument for hearing a child’s view in a custody decision?
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
Can a parent take kids out of state while divorce is pending?
Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be…
I’m 14 and my mom is making me live with my dad. How do I stop this?
I'm 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and…
Why isn’t 50/50 custody the default resolution in child custody cases?
I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…
Twitchell v. Twitchell – 2022 UT App 49 – child custody and support
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Is it damaging for a child to witness a divorce/parents fighting constantly?
Is it damaging for a child to witness a divorce or witness their parents fighting constantly? Yes. Yes, of course. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-it-damaging-for-a-child-to-witness-a-divorce-or-witness-their-parents-fighting-constantly/answer/Eric-Johnson-311
Widdison v. Widdison – 2022 UT App 46 – custody modification
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
How easy is it to change your child’s last name?
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…
Why do kids talk and text online so freely with strangers?
Why do kids talk and text online so freely with strangers? Don’t they understand how potentially dangerous that is? Why? Because kids that age aren’t very smart or wise. Don’t…
How can I enforce my power when I have final say in joint custody?
My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good…
Why are child support and custody attorneys so expensive?
Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly;…
How can I help my step-child get away from an abusive mother?
How can I help my 12-year-old step-daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not…
True or false: Better to divorce than have a miserable life.
This blog post is in response to this question: I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn. What are…
In re J.L… 2022 UT 12 – termination of parental rights
2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and…
In re J.P. – 2021 UT App 134 – termination of parental rights
In re J.P. - 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS…
Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors
Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…
What to do when child won’t comply with the custody award?
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
T.W. v. S.A. – 2021 UT App 132 – child custody
2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
In re J.P. – 2021 UT App 134 – termination of parental rights
2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF…
I’m a child whose parents are divorcing and fighting over custody. What can I do?
I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn't want to take me to court to present my…
In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?
No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The…
In re Z.C. W. – 2021 UT App 98 – Utah Court of Appeals
In re Z.C.W. - 2021 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.C.W. AND C.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D., Appellant, v. C.L.W., Appellee. Opinion No. 20200039-CA Filed September 23, 2021 Third District…
How can I get an emergency hearing for custody and child support?
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
In re A.B. – 2021 UT App 91
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt…
Can someone go to court to prevent their un-vaccinated ex from taking the kids, even though they share 50-50 custody?
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
Should a father who has shared custody see the child son when there is a hospital emergency?
Should a father who has shared custody rights of his child still see the child son when there is a hospital emergency? If your child is in the hospital during…
Pro-fairness and Pro-child
Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a…
How would it be, if when a couple with children divorce instead of custody the court requires them to secure a stable home for the children and require the parents to shuttle around every week?
This is something that many parents already do. It is often known as “nesting”. Some parents feel it would be best for their children if they don’t have to shuttle…
Why would my ex block contact with my child when we have shared joint custody?
Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly…
How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.
I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to…
How does a divorce and separation from one parent affect children’s future relationships? Can this cause trust issues or commitment issues in the kids’ future relationship?
Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course. How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship…
Can a divorced parent with the parties’ child primarily lives stop the child from switching to live with the other parent?
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
What are some cases of extended relatives getting visitation rights with children?
In Utah, that question has been thoroughly discussed on the subject of grandparent visitation rights in the case of Jones v. Jones. and if you don’t want to read the…
Should a child whose rights are not protected be held accountable?
If one’s rights are not protected, then one’s rights are being denied. And one whose rights are not protected cannot, in one sense, be held accountable/responsible for his/her exercise of…
Do you think it’s fair that Brad Pitt got joint custody of his kids?
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
