Can’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?
My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…
My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
My Spouse Refuses Divorce but I Need to Be Divorced. My Spouse Says He/She Will Make My Life and the Kids’ Life Hell if I Leave. I Don’t Want to Spend a Fortune on a Lawyer.
Are you a churchgoer? Are you a member of a church? If so, your church may have resources available to members to help them with various legal concerns or problems.…
How Difficult Would It Be to Get Legal Custody Back After Willingly Giving 100% Legal Custody to My Child’s Mother?
In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…
I Want to Divorce but I Have a Kid and I Have Nowhere to Go. What Can I Do? We Are From Different Countries, and We Got Married in His Country. I Left My Family and Friends Come To Join Him.
I don’t know in what country you reside, but if you can safely consult with a divorce attorney there, you need to start your research into whether a realistic path…
What do I have to do to modify the child custody and/or parent-time award?
“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…
2024 UT App 84 – Corn v. Groce – Modification of Parent-Time or Custody
2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…
Do You Lose Parental Rights Automatically When You Get Divorced if You Do Not File for Visitation or Custody?
Make sure you understand the terms you and others may be using in asking and discussing this question. If you are a parent of minor children, and you are involved…
I Want to Live with My Mom but I Have Shared Custody With My Dad. What Do I Do? Can I at 15?
This question is literally asked on a daily basis. It comes up so often. But that means it’s a burning question. I’ll bet it has been answered literally at least…
Are You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant
An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…
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 Would I Have Done Differently If I Were In My Parents’ Shoes? By Braxton Mounteer, Legal Assistant
Like many people, I am a child of divorce. While I may not understand every reason why my parents chose to end their marriage (I was too young to understand…
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…
Second-Hand Testimony Is and Never Will Be Better Than the Witness’s Own Testimony in His/Her Own Voice
For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…
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,…
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?,”…
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…
Rejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
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…
Doing What’s Best for Children by Refusing to Hear From Them on the Subject (And Other Nonsense).
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
Is Court-Ordered Therapy Over-Used? By Braxton Mounteer, legal assistant.
Whether you believe that everyone needs (or could benefit from) therapy or that it is only for the most dysfunctional families, you, like most people, likely agree some therapy has…
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…
How much does a parent have to pay in child support? What is the legally set amount?
Some people believe that child support is the same for all parents. They believe that every parent who is ordered to pay child support pays the same amount of money…
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…
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…
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 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”.
This post discusses another proposed family law bill under consideration for the 2024 Utah legislative session, House Bill 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”. This bill, if passed, would…
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 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…
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…
Encourage Your Legislators to Vote Against H.B. (House Bill) 272 (2024 Utah General Legislative Session)
According to the "General Description" of H.B. 272, what's not to like?: Highlighted Provisions: This bill: ▸ defines terms; ▸ in certain proceedings involving child custody: specifies requirements for the admission of expert…
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…
I Can Prepare a Prenuptial Agreement for You, but With Rare, Particular Exception, I Advise Against It.
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
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…