How does joint custody of a child work?
How does joint custody of a child work? When non-lawyers think of joint custody, I get the impression that they think of it this way: The children live half the…
Is a Disabled Parent Prohibited from Being Awarded Custody of a Child?
QUESTION: Could my dad get custody of my sister and me when he's on disability/welfare? My mom has had sole custody since the divorce decree was first issued. My mom…
Can a Parent Pay No Child Support and Still Have Visitation and Parent-time Rights?
QUESTION: Dear Eric, My ex and I have been separated for a while now. He has not given us any money for child support. I am supporting my child and…
Could a class action suit by divorced fathers who were unfairly denied custody of their children due to gender bias be successful in a state court?
Could a class action suit by divorced fathers who were unfairly denied custody of their children due to gender bias be successful in a state court? In my humble opinion,…
Bullet Proofing Your Summer Parent Time – Part 1 of 4 Series
BULLET PROOF ADVANCE NOTICE Note: This is the first of four blog postings on bullet proofing your summer parent time, that I’ll publish in as many weeks. You will want…
Bullet Proofing Your Summer Parent Time – Part 4 of 4
BULLET PROOF YOUR HEARING Note: This is the fourth of four blog postings that I’ll publish in as many weeks. You will want to read them all (and likely want…
Bullet Proofing Your Summer Parent Time – Part 2 of 4
BULLET PROOF YOUR REQUEST FOR COURT ASSISTANCE Note: This is the second of four blog postings that I’ll publish in as many weeks. You will want to read them all.…
Bullet Proofing Your Summer Parent Time – Part 3 of 4
BULLET PROOF YOUR MOTION YOU FILE WITH THE COURT AND YOUR ARGUMENT IN COURT Note: This is the third of four blog postings that I’ll publish in as many weeks. …
Custodial Interference and Writ of Assistance
One of the ways you can enforce your parent-time or custody rights is through a Writ of Assistance. You should know up front that most judges and court commissioners consider…
Supervised Parent-time in Utah – Blocker v. Blocker (January 2017)
KIRSTEEN D. BLOCKER, Appellee, v. MICHAEL P. BLOCKER, Appellant. 2017 UT App 10 The Utah Court of Appeals Memorandum Decision No. 20150720-CA Filed January 12, 2017 Fourth District Court, Provo…
Discovery is past due! What if my ex won’t respond?
During the discovery process, what happens if the opposing party doesn't answer his/her discovery questions in a divorce or child custody battle? What CAN happen (in Utah, where I practice…
Will the court take seriously my desire to include in the divorce decree a provision that at no time should step-parents or a parent’s significant other be inappropriately dressed?
Question: Will the court take seriously my desire to include in the divorce decree a provision that at no time should step-parents or a parent’s significant other be inappropriately dressed?…
How can I get a fair child custody arrangement when my ex has an attorney and I am unable to pay the initial retainer for my own attorney?
Question: How can I get a fair child custody arrangement when my ex has an attorney and I am unable to pay the initial retainer for my own attorney? I…
Protection from Domestic Violence in Utah
An act of domestic violence could lead to civil court action, criminal court action, or both. So first, let’s make sure you understand the difference between civil and criminal court…
Keeping Records, Recording Phone Calls and Conversations
Let’s talk about some of the ways you can prove key facts, protect yourself from false allegations, and stop contention and fighting over parent time in Utah. Recording key communications is a…
What does the law in Utah require of divorced parents of minor children when they want to relocate?
What does the law in Utah require of divorced parents of minor children when they want to relocate? Unless your decree of divorce provides differently, then Utah Code § 30-3-37…
Guide to Succeeding in Divorce While Reducing the Time and Costs
Contents If you are the victim of serious or escalating domestic violence, get help and get to safety first. 2 Advance Planning, If You Have That Option. 2 Gather in…
Creative and Convenient Ways to Ensure Utah Child Support is Paid
Note: You do not need to be divorced or going through a divorce to find this article helpful. This article is not intended to benefit only those who have received…
Should I Get a Divorce Coach? (I won’t keep you in suspense: No).
My blog post here is inspired by a blog post by Karen Bigman, who identifies herself as a “divorce coach.” Here is the link to her post, there’s a link…
Some Truly Helpful Online Tools to Make Child Custody and Visitation (Parent-time) Easier to Manage
Let’s face it; sometimes it’s hard to communicate with your ex (or soon to be ex) about the kids. Feelings start to arise, and soon you are in another argument…
Can I Seek an Award of Custody of My Child If I Am an Unwed Illegal Immigrant?
All biological parents have the right to petition for custody of their child or children whether they have ever been married to the other parent, or not. Additionally, all parents…
In Utah, Can a Step-Parent Get Visitation of Custody of a Child Who Is Neither His/Her Natural Nor Adopted Child?
Can a step-parent get visitation or custody of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just…
Creative and Convenient Ways to Ensure Child Support is Paid
Note: You do not need to be divorced or going through a divorce to find this article helpful. This article is not intended to benefit only those who have received…
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala Zavala v. Zavala, 2016 UT App 6 Opinion…
Joint Legal Custody With “Tie-Breaking Authority” or “Final Say” Isn’t Joint Legal Custody
Joint Legal Custody With "Tie-Breaking Authority" or "Final Say" Isn't Joint Legal Custody So you’re sitting at your desk in your office when the IT guy walks in and says,…
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah?
Summary of Zavala v. Zavala Zavala v. Zavala, 2016 UT App 6 Opinion No. 20141031-CA Filed January 14, 2016 SUMMARY: If a custody award has already been entered, custody…
Can Stepparents Get Visitation Rights After a Divorce?
Question Detail: My granddaughter's father is divorced from her mother, my daughter. The father remarried. His new wife is emotionally, verbally and at times physically abusive to my granddaughter. When…
What you need to know when a Guardian ad Litem is appointed
In many (too many, in my opinion) divorce and family law cases in Utah (and other states) an attorney is appointed to “represent the interests of the children.” This attorney…
Bullet-Proofing Your Holiday Parent-time: Send Notice in Writing NOW
Bullet Proofing Your Holiday Time: Send Notice in Writing NOW Many divorced or single parents have issues with parent-time, not because they can’t use a calendar or make a plan,…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 4 of 4)
"The fairest rules are those to which everyone would agree if they did not know how much power they would have.” — John Rawls Quarreling means trying to show that…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 3 of 4)
This blog post covers provisions that are not required by Utah law to be in a parenting plan but that you either are allowed to include in the parenting plan…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 2 of 4)
Every Utah parenting plan must contain the following minimum provisions: Provisions for resolution of future disputes between the parents. This means: A process for resolving disputes, unless precluded or limited by…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 1 of 4)
Utah Law requires that all joint legal and/or joint physical custody arrangements have a “parenting plan”. “Parenting plan”. It has a nice ring to it, doesn’t it? I mean who…
Battling Custodial Interference – Criminal Prosecution
So what can you do the battle custodial interference if local law enforcement and the city and county attorneys won’t? Check out our blog posting on motions for order to show…
How are Pets Handled in Divorce
Want to know what’s a burning topic of interest among the sheeple divorce lawyers out there these days? How are pets handled in divorce. Please. This is a real snippet…
Utah Is (at Least Trying) to Make Child Custody Litigation Less Expensive and Time-Consuming
Utah is (at least trying) to make child custody litigation less expensive and time-consuming with a relatively new rule (as of February 2014, when this blog posting was originally published):…
Can Step-Parents Get Custody if a Child isn’t their Biological Child?
Can step-parents get custody or visitation of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just how…
Home Alone – How Not to Make Your Life the Movie
When an assistant of mine was eight years old she was left in charge of her younger siblings (one of them 6 years old and the other two a pair…
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