How Often Do Mothers Get Full Custody of Their Children After Divorce?
Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…
I Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?
I am not licensed as an attorney in Indiana, but I will give you my personal opinion (it’s not legal advice) as it applies to the law in the jurisdiction…
What Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?
Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…
What Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.
I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…
Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?
After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…
Is It Possible to Discredit a Biased Custody Evaluation Full of Unsubstantiated and False Claims?
Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…
2024 UT App 54 – Tilleman v. Tilleman – custody factors, income, fees
2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…
What Are My Chances of Gaining Full or Primary Custody of My Child as a Father?
First, you need ask a different question before you get to the question of a father’s chances of winning full or primary custody of children in divorce. The question should…
2024 UT App 47 – In re K.J. – removal, shelter hearing
2024 UT App 47 – In re K.J. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.J., M.J., AND K.J., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
What Are the Odds That I Can Get Custody of My Daughter if I Have a Serious Criminal Record?
Without knowing more about your criminal record, I can still safely predict that having almost any kind of chronic or significant criminal record reduces your chances of being awarded custody…
Do Many Women Lie About DV in Divorce and Child Custody Court Cases?
Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…
Why Condemn Children to Sole Custody Awards When They Have Two Fit Parents?
One of the arguments that some fathers make when they encounter the double standard applied to mothers and fathers in child custody disputes (resulting in a denial of equal legal…
Mother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
Why Get it Straight From the Horse’s Mouth When You Can Get a Truncated Version, Second-Hand?
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
Can Child Support (Whether Prospectively or Retrospectively) Be Waived by the Child Support Payee?
The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the…
Why won’t courts test competing custody and parent-time proposals during the pretrial phase of a case?
Do you want to know where the real money is most often made in divorce and family law cases? Child custody and parent-time disputes, hands down. Rarely do the parents…
Blanket Prohibitions on Child Testimony in Custody and Parent-Time Disputes Are Irrational and Irresponsible.
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Blanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Is There a Primary Parent in Joint Custody in Utah Which Is Also Known as “Equal” or “50/50” Custody?
Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…
What Must or Should I Do In This Situation?
What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…
My spouse is threatening to take the children away, but I’ve done nothing wrong. What can I do to protect them and me?
What do you do when your spouse threatens to walk out and take the children even though you have been an equal and contributing partner in the marriage? It is…
What are the child custody factors that judges consider?
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
Lamb v. Lamb, 2024 UT App 16 – divorce, custody, business, home equity
2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…
CPS Has Encouraged Parental Alienation Before My Parental Rights Have Been Taken, My Public Defender Has Not Been Representing Me the Way He Was Supposed to Be, but I Didn’t Know Until Now. What Can I Do?
There are plenty of things you can do (plenty of activity in which you can engage), but whether any of it will do any good is the question. The answer…
Is mom deemed to be unfit or unstable if she’s going to school to better her career for a better living for her two year old child while temporarily receiving unemployment benefits. Can mom still be granted joint custody with the other parent?
I am a divorce and family lawyer. I think you’d be hard-pressed to find a court anywhere in this country (USA) that would consider a mother temporarily receiving unemployment benefits…
House Bill 193 (HB0198 (utah.gov))
Another bill under consideration during the 2024 Utah legislative session is House Bill 193 (HB0198 (utah.gov)). This bill would, if passed into law, 1) make clear that a “totality of…
House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”
Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…
House Bill 129 Child Support Requirements
Today’s blog post treats another proposed law that is up for consideration during the 2024 Utah legislative session: House Bill 129 (HB0129 (utah.gov)), entitled “Child Support Requirements”. This bill would,…
H.B. 20 “Parental Rights Amendments”
Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session. H.B. 20 is entitled “Parental Rights Amendments” According…
A.W. v. Marelli – 2024 UT App 8 – infliction of emotional distress
A.W. v. Marelli - 2024 UT App 8 THE UTAH COURT OF APPEALS A.W., Appellant, v. MILLIE MARELLI, Appellee. Opinion No. 20220207-CA Filed January 19, 2024 Third District Court, Salt…
Family Law Legislation for the 2024 Utah State Legislative Session
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
Parenting before, during, and divorce litigation By Braxton Mounteer, Legal Assistant
Divorce is already hard enough on the parties involved, but it is even harder on the children of the recently separated family. I speak as a child of divorce, who…
How can you appeal a child custody decision?
You have to show that the trial court that made the child custody decision committed an appealable error. Many people believe that an appeal of a trial court’s decision is…
Obstacles Fathers Face in Trying to Get Joint Custody of Their Children
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
Why would a co-parent suggest using a parenting app
I will start out my answer by acknowledging that reasonable minds can differ on the merits of a “parenting app,” also known as a “co-parenting app”. I will continue my…
In re J.T. – 2023 UT App 157
2023 UT App 157 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.T. AND A.T., PERSONS UNDER EIGHTEEN YEARS OF AGE. F.R., Appellant, v. STATE OF…
How To Talk To Your Former Spouse By Braxton Mounteer
Regardless of your feelings towards your ex-spouse, if you have children, you will have to talk or otherwise communicate to your ex (and do so often) about the minor children…
Can anyone recommend a good attorney for father’s rights?
Many fathers and those who care about them ask this question. It’s no wonder why. But beware. "Father's Rights Attorney" is, for the most part, a scam. Don't misunderstand me:…
Do you think the child support laws in your state are fair? If no, then describe the changes that you would make.
I can’t speak for all jurisdictions, but in the jurisdiction where I practice divorce and family law (Utah), child support awards are generally, in my opinion, 1) too high, 2)…
What happens in court if I file for divorce but my husband has an active case on me for child support? Will I get the child?
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
What Good Parents Need to Know About Child Custody Disputes with an Evil Parent
You hear and read on attorney websites stuff like, “Navigating child custody arrangements during divorce can be challenging.” That’s not the half of it. Child custody disputes with an evil parent…
How likely is a judge to give the non-custodial parent 50-50 parenting time after the primary custodial parent has been the primary parent for three years?
Before you read another word, know this: the answer in these situations is, “It depends on many and varying factors.” Nobody likes that kind of answer, but it’s the truth…
2023 UT App 137 – Lobendahn v. Lobendahn – petition to modify custody
2023 UT App 137 - Lobendahn v. Lobendahn THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…
I’m a US citizen. I got divorced overseas. I have a child custody from an overseas country. What should I do to legalize the overseas court order in the US?
Confer with an attorney in the jurisdiction where you and/or the other parent now reside who has knowledge and experience with registering foreign divorce and child custody orders in the…
Have there been any studies of the impact of divorce on children distinguishing between those whose parents divorced after they left home and before?
That's a good question. One that I've wondered about myself, but I don't know of any such studies. That doesn't mean they don't exist, it's just that I don't know…
Special masters, parent coordinators, and the infantilization of parents
Special masters and parent coordinators (and co-parenting therapists, co-parent coaches/consultants, and their ilk) were invented for the purpose of unburdening courts from some of the conflict associated with domestic relations…
In re G.H. – 2023 UT App 132 – juvenile court grandparent guardianship
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.H. AND R.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. L.G., Appellant, v. R.G. AND R.G., Appellees. Opinion No. 20220920-CA…
Does it not feel weird to anyone that a parent who does not get child custody has to pay child support to the other parent who is enjoying the kids?
I think I know why you think it’s weird. Why have the children live with one parent instead both parents on an equal custody basis? In other words, “I’ll bear…
What do I do when my ex uses doctor’s appointments in our child support issue on court when we have 50/50 decision making, but I have the final say to any decision made? Will it be used against me?
If I understand your question correctly, you're wondering if the court will fault for your ex-spouse's claims that you are failing to act responsibly when it comes to making and…