Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will…
2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…
Question: Do you think married people should be able to get a divorce if one or both sides no longer love the other even if they have a kid/kids, or…
Almost, but not yet. Until recently, it wasn’t just a cultural norm, but a legal principle that presumed during a child's "tender" years (generally regarded as the age of four…
Ever? Certainly. Always? No. (and remember: though I’m a divorce lawyer, that does not mean I am a raving fan of divorce. I’m not. Rarely does even the “best divorce”…
Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is…
ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE…
Erickson v. Erickson - 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
My parents got divorced when I was 3. I’m currently 14. My mom has full custody of me, but I want to live with my dad full time in Denver,…
In re B.T.B. 2018 UT App 157 This is from an e-mail I received from the Utah Parental Defenders, a truly good organization that supports attorneys who represent parents when…
Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who…
QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…
What happens if a non-custodial parent habitually brings a son back days late from a visitation, resulting in unexcused absences from school (kindergarten)? Am I responsible for the truancy? The…
How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…
After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…
What are your favorite child custody schedule? Alternating weeks, 2–2–3, 3–3–4–4, or something else? Without regard to any other considerations that would affect a custody schedule, my favorite schedule generally…
In which developed country is there equal rights for moms and dads in child custody cases? What an astute question (whether you realize it fully). I live in the United…