In re P.M.- 2025 UT App 155
In re P.M.- 2025 UT App 155 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. O.D.M., Appellant, v.…
In re P.M. – 2025 UT App 154 – Juvenile Court – Dependency
2025 UT App 154 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF UTAH…
Are Parents Charged With Contempt of Court or Have Their Visitation Rights Suspended When Their Children Report That They Have Been Abusive?
Yes. Why? Contempt of court is defined as: 1) a valid court order; 2) of which the parent has notice; 3) that the parent is capable of obey; 4) but…
Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
In re I.C. – 2025 UT App 37 – child abuse and neglect
In re I.C. - 2025 UT App 37 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.C., Appellant,…
In re I.C. – 2025 UT App 20 – thinking of smuggling a child instead of adoption?
In re I.C. - 2025 UT App 20 2025 UT App 20 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS…
Proposed Utah Family Law Legislation I’m Following During the 2025 Session
There are many bills before the Utah Legislature during their 2025 session that I’m particularly interested in and that I am following. One of them is House Bill 33. HB…
Parent Licensing
Parent licensing? What do you think of his argument? https://www.hughlafollette.com/papers/licensing.parents.pdf Utah Family Law, LC | divorceutah.com | 801-466-9277
The Difference Between Reunification Therapy and Family Systems Therapy By Braxton Mounteer, Legal Assistant
Families often find themselves having to confront their conflict and dysfunction when a divorce is filed. When families face conflict or dysfunction, therapy can (can, not always will, but can)…
2024 UT App 185 – In re D.A.T.R – adoption appeal
2024 UT App 185 - In re D.A.T.R THE UTAH COURT OF APPEALS IN THE MATTER OF D.A.T.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.K., Appellant, v. T.K. AND…
In re A.H., 2024 UT 26 – Termination of Parental Rights
This opinion is subject to revision before final publication in the Pacific Reporter In re A.H. - 2024 UT 26 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
2024 UT App 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption
2024 UT App 91 – In re R.D. THE UTAH COURT OF APPEALS IN THE INTEREST OF R.D. AND Z.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant, v. N.J.…
Will Having a Child Will Possibly Save Your Marriage? By Braxton Mounteer, Legal Assistant
Have you ever heard that having a child will fix certain problems in marriage? That it will help bring a couple in a strained marriage closer together and thus fix,…
2024 UT App 52 – In re A.S. – child neglect, photographing genitals
2024 UT App 52 - In re A.S. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
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.…
In re H.H. – 2024 UT App 25 – termination of parental rights
In re H.H. - 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H.…
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…
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…
H.B. 194
Another potential law up for consideration in the 2024 Utah legislative session is H.B. 194. This bill would, if passed, amend provisions relating to adoption and child placement by amending the…
House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”
Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…
Allegations of Child Abuse vs. Allegations of Parental Alienation
Here's a very, very short news report on the subject of when allegations of child abuse are countered with allegations of parental alienation: https://www.youtube.com/watch?v=44hJ8zWRrik I welcome sincere and rational comments…
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…
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…
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)…
In re R.G. – 2023 UT App 144 THE UTAH COURT OF APPEALS
STATE OF UTAH, IN THE INTEREST OF R.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.G., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220635-CA Filed November 24, 2023 Second…
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…
In re K.A.S. – 2023 UT App 138 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.S., A PERSON OVER EIGHTEEN YEARS OF AGE.
STATE OF UTAH, Appellee, v. K.S., Appellant. Opinion No. 20210291-CA Filed November 16, 2023 Third District Juvenile Court, Salt Lake Department The Honorable Mark W. May No. 1108274 Monica Maio,…
In re A.S.G.-R. – 2023 UT App 126 – permanent custody and guardianship
In re A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
John v. John – 2023 UT App 103
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?
I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…
In re K.R. – 2023 UT App 75 – termination of parental rights vs. guardianship
In re K.R. - 2023 UT App 75 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.R. AND R.B., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change
2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…
What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?
What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…
Do Abusive Parents Get Custody of Their Children? Can Relatives Get Custody Instead?
Do abusive parents get sole custody of their children, even when their children don’t want them to have it? If the children want to stay with a relative who can…
State in Interest of P.J.R., 2023 UT App 27
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA…
In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication
In re K.K. - 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In re K.K. – 2023 UT App 13
In re K.K. - 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In Re A.H. – 2022 UT App 114 – Termination of Parental Rights
2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
If Parents Are Divorced or Separated, Can the Parent With Full Custody of the Child Prevent the Other Parent From Seeing the Child, Even if That Parent Is Paying Child Support?
Unless: there is a statute or court order that permits it; or this kind of statute or court order could be the kind that permits the temporary denial of contact…
If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?
Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you…
In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse
2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH,…
What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?
My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the…
Who do you pick between a present father and an absentee mother?
Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1)…
What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?
Your question presumes that the judge heard from the child. In many cases (frankly most), even though the child has the greatest stake in the child custody award dispute, the…
Child refuses to exercise shared custody with the stricter parent
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
In re G.B. – 2022 UT App 98
2022 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.B. AND A.C., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.R.B., Appellant, v. STATE OF…
Why would a father give a child’s abusive mother full custody?
Why would a father whose attorney had outed his children's mother as a schizophrenogenic narc monster give her full custody? “Give?” If the father had it within his power to…
How effective are AMBER Alerts in child custody cases?
It depends upon what criteria define “effective”. More child abductions have been prevented with the Amber Alert system in place than without it, yet it’s impossible to say how many…
In re J.L… 2022 UT 12 – termination of parental rights
2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and…