Here are some provisions that I have seen divorce litigants who did not include them in their divorce settlement agreements wish were included: a “loser pays” clause for 1) when…
In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…
Of course. First, even if one could prove a parent suffers from narcissistic personality disorder (NPD), merely suffering from this condition wouldn’t automatically disqualify a parent from being awarded sole…
Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
No, mothers are not being treated "worse" by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have…
The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What…
There could be at least two possible reasons. 1. Even though the child is living with you, if the court and/or the child support collection agency has not been made…
I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but…
For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of…
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt…
Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they…
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
Should a father who has shared custody rights of his child still see the child son when there is a hospital emergency? If your child is in the hospital during…
Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a…
In my experience, free legal advice is worth what you pay for it, but I understand that there are some (even many) who simply cannot afford an attorney (or believe…
This is something that many parents already do. It is often known as “nesting”. Some parents feel it would be best for their children if they don’t have to shuttle…
How? Not very well, generally. But before I elaborate, let’s ask and answer this question first: is the legal system designed to protect the visitation (“visitation” is also known as…
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
Child support in the jurisdiction where I practice divorce and family law (Utah) is, in my experience and estimation, not too high or too low. I’ll explain (in basic terms)…
This is a good question and a question that comes up often. I will answer your question as it would apply to the law of Utah, which is the jurisdiction…
Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly…
I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No.…
Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address. First, is there any legally permissible and practicable…
I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie…
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
In our society what shows that we value fathers as parents? When it comes to child custody awards (i.e., the award of legal and/or physical custody)? Society values fathers far…
No, but if CPS or DCFS or DFS or whatever your jurisdiction calls that particular agency of the state filed an action in court to place your children in foster…
If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work…
Great question. Here's a good summary taken from the world of contract law (frankly, the definition of the term “best efforts” likely applies equally well when the term is utilized…
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all…
First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your…
Questions regarding one’s character as a spouse and parent often arise in a divorce and/or child custody case, and family members are often some of the best, if not the…
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
Doyle v. Doyle, 258 P.3d 553 (Utah Ct.App. 2011) 2011 UT 42m ¶ 38, “Even an overwhelming case for the best interest of the child could not compensate for a…
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another…
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I…
Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such…
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: "Why is child support and alimony rooted in revenge, power, control, and humiliation over…