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 records are public record, and thus available not only to your…
I have custody of my child. He’s refusing to come home. What now?
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.…
Child refuses to leave noncustodial parent’s house. What happens now?
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…
I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?
If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are…
What would happen if there were no alimony or splitting assets in divorce without kids?
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
Father has 50/50 custody. Now ex is trying to take it away. What to do?
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
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…
Why is child support and alimony rooted in revenge, power, and humiliation?
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…
Good news, for parents deserving of joint equal physical custody
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
What is a complete list of reasons someone can file child support that cannot be fought?
What is a complete list of reasons someone can file child support that cannot be fought? There is no such list; however, here is my list of pretty dang safe…
Can a mother lose custody even if the child is still very young?
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…
Can the other parent send someone I’ve never met to pickups and drop-offs for our child?
Can the other parent send someone I’ve never met to pickups and drop-offs for our child? Can the other parent send someone I’ve never met to pickups and drop-offs for…
Being prepared for the parent who tries to interfere with vacations with your kids
Being prepared for the parent who tries to interfere with vacations with your kids Hi Eric, Every year I take the kids on a spring break trip, sometimes out of the country. It's been on the…
What policies and factors determine how child support is calculated?
What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation…
Why do I pay child support if we have joint custody and we both work?
I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question…
Do parents who share joint equal custody pay child support?
Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of…
S.B. 122 passes, despite opposition from the State Bar Family Law Section.
S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section's stated opposition to the first iteration of S.B. 122 and…
What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option?
What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option? Is this a trick question? Correct me…
Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?
Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable…
Why is it difficult for a father to get child custody?
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
Should more people have to attend court-ordered parenting classes?
Should more people have to attend court-ordered parenting classes? Generally speaking, no. For the most part, when you lead a horse to water and try to force him to drink,…
Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?
Are there laws that protect one parent from being a victim of the other parent's continuous reporting, through the other parent's attorney, about violations of a restraining order that are…
Thomas v. Thomas – 2021 UT App – contempt, modification of custody
Thomas v. Thomas - 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021…
Why Not Have the Judge Interview the Children About Child Custody?
Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first…
If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child?
If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child? This post is the seventh…
What is the best case law to cite about parental alienation?
What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My…
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…
Believing Judges Interviewing Children Harms Children Rests on False Premises
This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…
Does having the judge interview the children traumatize the children?
Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…
If a parent disappears for five years, what are his/her chances of winning child custody?
If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible…
How do I fight a DUI without a lawyer?
How do I fight a DUI without a lawyer? You don’t. Too much at stake. Too hard to do on your own. I’m a lawyer (a divorce and family law…
Does a Restraining Order Prevent Me from Communicating with the School?
Does a Restraining Order Prevent Me from Communicating with the School? If a school age child has a restraining order against a parent prohibiting him from coming within a certain…
What happens after an affair when you have kids?
What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon…
Can an unmarried parent legally keep the other parent from the children without having gone to court?
Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is…
What advice would you give me before divorce, if I’m not in the wrong?
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
Will my medical marijuana prescription adversely affect my child custody case?
If I have a prescription for marijuana, will this affect my custody case? I do not smoke in front of my child or have it around my child. Probably not,…
Do I pay half of any child care costs my ex incurs? What kinds?
QUESTIONS: Do I pay half of any child care costs my ex incurs? Or just work-related child care costs incurred? Are “occupational training”-related child care costs something I have to…
Why do kids think it’s their fault when their parents divorce?
Why do kids think it's their fault when their parents divorce? Among the things little children believe the world reacts to them, exists and functions because of them. Consequently, when…
How can I choose which of my parents gets custody of me?
How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get…
Utah Courts “Divorce Education for Children” program is free of charge
The Utah Courts provide a "Divorce Education for Children" program that is free of charge for children 9-12 years of age whose parents are divorcing. More information about the program…
Can I refuse visitation when a non-custodial parent refuses to take a child to school?
Can I refuse visitation when a non-custodial parent refuses to take a child to school? In the jurisdiction where I practice divorce and family law (Utah), the answer is: Unless…
Why does a parent asking questions turn into a trial?
Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing…
Can a mother keeping the children from the father work against in custody litigation?
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
Is being a divorce lawyer miserable?
Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are…
Should We Keep Our Divorce Struggles a Secret from the Kids?
Should We Keep Our Divorce Struggles a Secret from the Kids? If a couple conceals their arguments from their children and divorce 'amicably,' does that send a message to the…
What is the penalty for breaking a custody order?
What is the penalty for breaking a custody order? In my opinion, the answer is: usually, not much. At least at first. Take it from me: I’ve been a divorce…
What does a judge ask a child in a custody case?
In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly…
What is the “right of first refusal”? Is it a statutory right in Utah?
What is the "right of first refusal"? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time "right of first…
What’s the difference between legal custody and physical custody?
Here's a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is…
What does it feel like to separate two kids out of spite during a divorce?
Today's question: What does it feel like to separate two kids out of spite during a divorce? My answer: For decent parents who experience it because it occurs…
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