Do underage children have any say in custody in the U.S.?
Do underage children have any say in custody in the U.S.? In my jurisdiction where I practice family law (Utah), the answer may be hard to discern by reading the…
Do experts help in divorce cases? Specifically custody evaluators?
Do experts help in divorce cases? Specifically custody evaluators? That depends on how you define “help,” and if you define “help” as “dramatically improve your chances of success,” then generally…
The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes?
The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes? Here’s the answer as it applies under Utah…
If my ex makes the kids late for school, am I responsible?
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…
Child Custody and Where the Children Attend School
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…
How would child support be calculated for a father who remarried and has 4 other children living with him?
How would child support be calculated for a father who remarried and has 4 other children living with him? Here is the law in Utah: If the children are stepchildren…
Will a narcissist ever stop hating me for having custody of our child?
Will a narcissist ever stop hating me for having custody of our child? It’s possible, but not likely. It is easier to cure a person of heroin addiction than to…
What is your favorite child custody arrangement?
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?
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…
Yes, there is a bias in favor of mothers in child custody disputes, but not for much longer.
Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…
Can I represent myself in a child custody dispute and win?
Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…
My ex claims snow days and teacher development days are all his. How does Utah law govern this?
QUESTION: My ex keeps bringing up snow days and teacher development days and claims he gets them all. How does Utah law govern this? ANSWER: First, do unto others as…
What happens if a child does not sleep in another room?
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…
What if I don’t want custody of my child post-divorce?
What if I don't want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of…
Why does the mom usually win custody of her kids in a divorce?
Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
K.P.S. v. E.J.P. – 2018 UT App 5 – Utah Court of Appeals – January 5, 2018
2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul…
What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?
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…
My ex is threatening to relocate out of state with our kids!
QUESTION: My ex-wife tonight, in a fit of anger, told me that she is going to move to another state with our kids (her current boyfriend lives there). I’m not…
My ex just announced he’s taking the children during my parent-time.
QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time.…
Can I sue for the child support I paid after our child started living with me?
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child?
I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child? I…
How can I call my 10-year-old as a witness to say where she would like to live?
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…
Risher v. Emerson, 2017 UT App 216 – adequate findings of fact and conclusions of law
2017 UT App 216 THE UTAH COURT OF APPEALS MICHAEL W. RISHER III, Appellant, AMY M. EMERSON, Appellee. Opinion No. 20160389-CA Filed November 24, 2017 Third District Court, Tooele Department…
What if my spouse won’t complete the divorce orientation and education courses?
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…
Shuman v. Shuman, 2017 UT App 192 – child custody and support, marital assets and debts, medical and child care expenses
2017 UT App 192 THE UTAH COURT OF APPEALS CATHERINE JANE SHUMAN, Appellee, WESLEY ROBINSON SHUMAN, Appellant. Opinion No. 20160226-CA Filed October 19, 2017 Third District Court, West Jordan Department…
In re J.S. 2017 UT App 197 – permanent custody and guardianship, ineffective assistance of counsel, reasonable accommodation under ADA
2017 UT App 197 2017 UT App 197 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. N.P., Appellant, v. STATE OF UTAH,…
Today the court ordered me to pay child support, leaving me $6/month to spend feeding myself. What can I do?
Is it really true that the child support award leaves you literally with $6 per month? Let me explain why I ask. In Utah, where I practice, we have statutory…
Do you think current divorce laws are biased against men?
Do you think the current divorce laws are biased against men? In my experienced opinion, yes (and I speak as one who represents both women and men in divorce where…
I wonder which state in the U.S. has the highest rate of awarding joint physical custody of children in divorce
I wonder which state in the U.S. has the highest rate of awarding joint physical custody of children in divorce. Unfortunately, I wouldn't be the least bit surprised if Utah…
The court gave Mom full custody of me; can I live with Dad instead?
QUESTION: The court gave my mom full custody of me, can I live with my father without her doing anything about it? ANSWER: First, we start with the obligatory “don’t…
What are the odds of a ballot measure for 50/50 custody?
What are the chances of a ballot measure in CA for a rebuttable presumption that child custody should be 50/50 if both parents wish at least 50%? Slim. This isn’t…
Christmas Break Parent-time 2017 – how it works
NOTE: this will explain how to calculate Christmas break parent-time for any period, in any year (but we'll use 2017 as an example). QUESTION: I'm trying to figure out what day…
Can a former guardian of a child be ordered to pay child support?
Can a former guardian of a child be ordered to pay child support? If the child was cared for by a grandparent, and now in foster care, would the grandparent…
Can you sign a prenup legally forfeiting rights to child support if you divorce?
Question: Can you sign a prenup legally forfeiting rights to child support if you divorce? Answer: I practice in Utah, so this is my response from a Utah law perspective.…
How do I get my child support money from my mother?
How do I get my child support money from my mother? To clarify: My mom has been receiving child support from my Dad of $2000 per month for the past…
Vanderzon v. Vanderzon – 2017 UT App 150 – August 17, 2017 – custody on relocation, alimony, and attorney fees
Vanderzon v. Vanderzon - 2017 UT App 150 - August 17, 2017 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…
If my spouse is cheating on me, will I get full custody of our children?
If I have evidence of my spouse cheating on me, how likely am I to get full custody of my children? Most divorce/custody cases are complicated and rarely are decided…
Can my ex force me not to pay for my child’s college tuition, even though I can afford to pay it in full?
Can my ex force me not to pay for my child's college tuition, even though I can afford to pay it in full? My ex and I have a growing…
Can a parent get custody of a child if he has a domestic violence protection order against him?
Can a parent get custody of a child if he has a domestic violence protection order against him? Nothing in Utah law prohibits a parent against whom a protective order…
What happens if someone doesn’t answer their discovery questions in a child custody battle?
What happens if someone doesn't answer their discovery questions in a child custody battle? What CAN happen (in Utah, where I practice family law): (See Rule 37—particularly Rule 37(b)—of the…
Why do fathers still have to pay child support despite having joint custody?
Why do fathers still have to pay child support despite having joint custody? In Utah, it could be said that child support is intended to ensure that the lifestyle to…
In re A.B., Case No. 20170213-CA, Filed June 15, 2017, 2017 UT App 99
In re A.B., Case No. 20170213-CA, Filed June 15, 2017, 2017 UT App 99 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B. AND A.R., PERSONS…
Fit parents and their children deserve joint custody
As a matter of basic human rights and human nature, unless they are unfit then divorced and separated parents and their children deserve joint custody. "[A] parent's right to the…
What factors does a court consider when making a child custody determination?
What factors does a court consider when making a child custody determination? Here are the minimum factors the courts in Utah must consider in making a child custody award in divorce actions:…
What are the rights of a husband who disagrees with his wife about what religious school their children attend?
What are the rights of a husband who disagrees with his wife about what religious school their children go to? I want to remove my kids from Catholic school and…
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time?
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time? If I'm an air traffic controller and…
Am I allowed to ask for my social workers’ qualifications or expertise?
Am I allowed to ask for my social workers’ qualifications or expertise? In the State of Utah, absolutely. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Am-I-allowed-to-ask-for-my-social-workers-qualifications-or-expertise
What are the biases shown in family law?
What are the biases shown in family law? Every human bias imaginable can affect a family law case, but the ones that I find most common and most troubling are…
What advice do you have for a mother who is forced to share custody of a 13 year son with covert narcissist?
What advice do you have for a mother who is forced to share custody of a 13 year son with covert narcissist? The longer I practice the more I come…