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,…
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 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. Unfortunately, I wouldn't be the least bit surprised if Utah…
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 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…
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? If the child was cared for by a grandparent, and now in foster care, would the grandparent…
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? 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 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…
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? 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? 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 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? 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 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B. AND A.R., PERSONS…
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? 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 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? If I'm an air traffic controller and…
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? 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? The longer I practice the more I come…
Is it legal for the custodial parents to use child support money on themselves? This is a superb and a brave question. Here is my answer (for the State of…
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…
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…
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? In my humble opinion,…
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 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 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 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. …
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…
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…
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…
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?…
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…
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…
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? Unless your decree of divorce provides differently, then Utah Code § 30-3-37…
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…
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…
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…
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…
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…
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…
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 Zavala v. Zavala, 2016 UT App 6 Opinion…
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,…