Should you wait until your children have grown up before divorcing?
Should you wait until your children have grown up if you were contemplating divorce but are still amicable to one another? Yes, and God bless you if you have the will and…
Is it wrong to go through with divorce when my child wants to live with both mom and dad?
Is it wrong to go through with divorce when my child wants to live with both mom and dad? On that basis alone? No. For example, if you want to…
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question:…
Do you think fathers should have the right to 50/50 split custody from birth, even if mom is breastfeeding?
Do you think fathers should have the right to 50/50 split custody from birth, even if mom is breastfeeding and the separation will likely affect her ability to do so…
Parent-Time During the Holiday Season 2018
Parent-Time During the Holiday Season 2018 The holiday season is upon us, and many divorced and single parents need to prepare and plan for your holiday season parent-time this time…
Which state has jurisdiction over a child custody dispute?
If a divorce and custody case were finalized in one state and the custodial parent and the children move to another, which state should the future custody disputes need to…
Stephens v. Stephens – 2018 UT App 196 – modifying child custody and support
2018 UT App 196 The Utah Court of Appeals DONOVAN TODD STEPHENS, Appellee and Cross-appellant, v. BRIDGET NICOLE STEPHENS, Appellant and Cross-appellee. Opinion No. 20170440-CA Filed October 12, 2018 Third…
Utah divorce and child custody awards – statutory factors the court must consider
Utah divorce and child custody award – statutory factors the court must consider (based upon Utah Code § 30-3-10, § 30-3-10.2, and UCJA 4-903) SUMMARY OF THE FACTORS: the past…
How does the “right of first refusal” to provide child care work?
QUESTION: I have a question about what is often called "the right of first refusal" to provide care for a child when the other parent who would otherwise be scheduled…
Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees
Erickson v. Erickson - 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
My mom has full custody, but I want to live with my dad. What do I do?
My parents got divorced when I was 3. I’m currently 14. My mom has full custody of me, but I want to live with my dad full time in Denver,…
How do I show the court about my sons non-diagnosed NPD mother to get a sole custody?
How do I show the court about my sons non-diagnosed NPD mother to get a sole custody? Oh, ho, ho, ho! So you want to prove your wife has Narcissistic…
How does custody of children work if the parents live in different states?
How does custody of children work if the parents live in different states? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law…
What is the best way to get a 50/50 custody and visitation plan in family court?
There are many, many factors the judge will consider. I’ll list them. First and foremost is: distance between the parents. If the parents don’t live close enough to each other…
Can a court force a parent to exercise visitation, even if that parent doesn’t want to?
If a divorced parent doesn’t want visitation rights (i.e. doesn’t want to see his/her child), is that legal, or would the court order the unwilling parent to have visits? This…
Child custody and how parental sociopathy affects it
QUESTION (Child custody and parental sociopathy): How does ASPD (Sociopathy) affect child custody, especially if the diagnosed parent is consistent? ANSWER (Robert A. Simon, Ph.D., Ph.D., M.A. Clinical Psychology, California…
My parents have a joint custody of my brother and I, but I want to live with my mom
My parents have a joint custody of my brother and I, but I want to live with my mom because my dad is unsupportive. Is it easy to go to…
What can we do about the laws that are outdated about taking custody of a child?
What can we do about the laws that are outdated about taking custody of a child? In a clear and concise manner write to A) your state legislators, and B)…
Why do unhappy married couples stay together for the sake of the children?
Why do unhappy married couples stay together for the sake of the children, when they could easily give the children two happy homes instead living in one miserable home? Mom…
Are family courts biased against parents with diagnosed mental illness when deciding custody?
Are family courts biased against parents with diagnosed mental illness when deciding custody? Yes, they can be, under certain circumstances. A common tactic in child custody disputes is to accuse…
Why don’t some people fight for custody of their children?
Why don't some people fight for child custody in some divorce or child custody cases? Others have explained why, in their particular situations, they felt that while they desired custody,…
I have no job, I’m living in my parents’ house, and I’m on methadone. Can I get custody?
What do I do to gain shared custody of my now 13-year-old child? I do not have a current job (due to a medical problem), and I am living in…
How can I get the custody of my child? What factors does the court consider?
How can I get the custody of my two-year-old son in court? I am an SFG in service, not always at home, but I can give my child to my…
Child custody: What is it? Do women get custody of a baby?
What is child custody? In America, do women get custody of a baby? “Child custody” is defined in Black's Law Dictionary (10th ed. 2014) as follows: 2. Family law. The…
Why stay unhappily married for the sake of the kids?
Why do unhappy married couples stay together for the sake of the children, when they could easily give the children two happy homes instead living in one miserable home? Mom…
Lay v. Lay – 2018 UT App 137 – § 30-3-35.1 parent-time not mandatory
2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan…
Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality
This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…
Smith v. Robinson – 2018 UT 30 – false allegations of sexual abuse
This opinion is subject to revision before final publication in the Pacific Reporter 2018 UT 30 IN THE SUPREME COURT OF THE STATE OF UTAH ROCIO SMITH, Appellant, v. KAYELYN…
Perspective of a Law Student: How my views on court decisions have changed
Perspective of a Law Student: How my views on court decisions have changed after 2 years of law school by Alyssa Miller Before law school I perceived court cases and the…
Mower v. Children’s Center – 2018 UT 29 – false memories or false allegations of sexual abuse against a parent
(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication…
Noncustodial Parents: Understanding Parent-Time
Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who…
Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?
QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…
What can I do if my ex has tens of thousands and plans on taking me to court repeatedly in different states until my ex gets full custody?
What can you do if your ex has tens of thousands to spend on child custody litigation and plans on taking you to court repeatedly in different states until your…
How Utah courts have parents take care of their children after divorce
Child Custody: How do courts provide for parents to take care of their children after divorce? When parents divorce, one of the biggest potential conflicts is the question of child…
Do you believe in public shaming of parents who don’t pay child support?
Do you believe in public shaming of parents who don't pay child support? No, for at least four major reasons (in no particular order): Public shaming of a parent who…
What was it like to lose your siblings during a divorce?
What was it like to lose your siblings during a divorce? I am a divorce lawyer, but neither I nor my parents ever divorced. I do not know personally what…
Am I disadvantaged in a child support case, if the other parent has a lawyer and I don’t?
What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn't another attorney…
What are the legal repercussions of posting an email chain between myself and my daughter’s custodial parent exposing her downright shady behavior?
What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…
Why do we allow attorneys to profit from the harm of children?
Look, I love you, brother, but this isn’t really a question, it’s a lame lament, and I will show you why. First, there are plenty of horrible lawyers out there…
Passport Denial Program to Enforce Child Support
Can I prevent my ex from obtaining or renewing a passport to enforce child support? Yes. Here's why and how: Federal Passport Denial Program Except when the child support obligor's…
Why are women generally awarded child custody more often than men?
QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…
What precautions have you taken to avoid custody battles over your frozen embryos?
What precautions have you taken to avoid custody battles over your frozen embryos? In Utah, the Utah Code contains these provisions regarding frozen embryos: 78B-15-707. Parental status of deceased spouse.…
What is it like to have divorced parents as a child?
What is it like to have divorced parents as a child? Generally worse than having non-divorced parents. I do not state that to offend divorced parents. Most (not all) divorced…
Kentucky Now Leads the Nation in Shared Parenting After Divorce
National Parents Organization Celebrates Landmark Kentucky Shared Parenting Law NATIONAL PARENTS ORGANIZATION | PRESS RELEASE April 26, 2018 NATIONAL PARENTS ORGANIZATION CELEBRATES LANDMARK KENTUCKY SHARED PARENTING LAW With Governor Bevin’s…
Who has rights to custody of children after divorce, the mother or father?
Who has more rights to claim the custody of their child after divorce, a mother or father? The answer the legal profession wants you to believe and that the law…
Should I feel “guilty” because my ex-wife pays child support?
Should I feel "guilty" and "ashamed" because a “friend of the court” determined my soon to be ex-wife should pay me child support as part of the divorce settlement? It…
How could a mother or a father claim a child’s custody?
How could a mother or a father claim a child's custody? Custody is not something a parent usually “claims”. Biological parents of child already legally have custody of their children.…
Do women ever have to pay child support?
Do any women have to pay child support? Not only she can women pay child support, if the couple are divorced or the court adjudicates child custody in a parentage…
Can the court allow parents to decide on their own for the custody of their child?
Can the court allow parents to decide on their own for the custody of their child? Yes! Not only are parents allowed to decide what the child custody award will…
Why you should settle the issue of child custody out of court, if you reasonably can
Why you should settle the issue of child custody out of court, if you reasonably can: Shuman v. Shuman, 406 P.3d 258, ¶ 10, 2017 UT App 192: We are,…