What would you do if your child's father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don't approve…
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…
Can the other parent send someone I’ve never met to pickups and drop-offs for our child? Can the other parent send someone I’ve never met to pickups and drop-offs for…
How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s "The Suitcase Kid"? The child certainly can be like the child (Andrea) from Jacqueline…
Should more people have to attend court-ordered parenting classes? Generally speaking, no. For the most part, when you lead a horse to water and try to force him to drink,…
Are there laws that protect one parent from being a victim of the other parent's continuous reporting, through the other parent's attorney, about violations of a restraining order that are…
Thomas v. Thomas - 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021…
Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…
I know a friend on TikTok who has a lot of severe PTSD and trauma due to several incidents, and he also has abusive parents. How can I report him…
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and…
Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are…
How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…
In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly…
Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs,…
“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week…
“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week…
2019 UT App 206 - THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. PHILBERT EUGENE ALIRES, Appellant. Opinion No. 20181033-CA Filed December 19, 2019 Third District Court, Salt…
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
No, not at all. One of the absolute worst ways to address, much less resolve, family custody disputes is seeking an Amber alert. Indeed, making Amber alert reports over child…
Inability to care for a child is not the same as abandoning a child. If a parent (father or mother) were to “refuse custody” of his/her child, that would be…
You were just arrested for a crime you didn't commit. Do you talk to the police and detectives, or stay silent and call an attorney? Exercise your right to remain…
2019 UT App 188 - State v. Rivera THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. OYAH TONGSON RIVERA, Appellant. Opinion No. 20180546-CA Filed November 21, 2019 Third…
2019 UT App 173 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JUSTIN WILLIAM POPP, Appellant. Opinion No. 20180224-CA Filed October 31, 2019 First District Court, Brigham City…
Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs and the needs of their family, instead of…
For others reading this answer to your question who do not know what a “baby prenup” is, let me first describe it: What a “baby prenup” is not A “baby prenup”…
I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…
I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…
What can a parent do if, after the divorce, the other parent who has custody of the child turns the daughter against that parent? A parent in this situation can…
Simply (but accurately) put: they may intimidate, shame, and/or fool the other party into settling the custody case such that they agree to the abuser being awarded custody ; their…
Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is…
I'm a mother of 3. The father has custody and I have visits and overnights. The father told me not to post videos of our children on my social media,…
First, we need to define what “fight” means. If we define “fight” as arguing, no, I don’t think it’s unhealthy for couples to argue. Again, if by “argue” we mean…
2019 UT App 24 THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20170155-CA Filed February 14, 2019 Second District Court, Bountiful Department The…
Many spouses and parents going through a divorce and child custody case may believe there is value in using mental health professionals. This can be true, if you use mental…
If it's so terrible to separate children from parents at the border, why is it so acceptable to separate children and parents in divorce? Utah Family Law, LC | divorceutah.com…
This is almost always a no-win situation. There’s little room for error. If you live in a place where the police and social services are decent people with horse sense,…
Why are there no penalties for false allegations in divorce and custody issues? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…
Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably.…
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,…
This opinion is subject to revision before final publication in the Pacific Reporter 2018 UT 30 IN THE SUPREME COURT OF THE STATE OF UTAH ROCIO SMITH, Appellant, v. KAYELYN…
What was it like to lose your siblings during a divorce? I am a divorce lawyer, but neither I nor my parents ever divorced. I do not know personally what…
Family court to father: No guns in the house until child is 18 Washington Post By Eugene Volokh March 17, 2015 https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/17/family-court-to-father-no-guns-in-the-house-until-child-is-18/?utm_term=.ef6b700d1996 But last week’s In re Parentage of M.A.R.R. (Ill. Ct. App. Mar.…
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…
What will happen if I call CPS during my divorce? The courts aren't addressing my concerns about my children's living situation away from me. First, think carefully. Sure, you can…
How does one in the United States file an injunction to protect their 14-year-old child in Australia upon the death of the custodial parent? Best option: hire an Australian lawyer…
What happens if a child does not sleep in another room? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is…
Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…
QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…