Can children choose with which parent they will live?
How much input do you let your child have in deciding who they're going to live with or which parent they'll be spending more time with? This is a question…
Do women get sole or primary custody of children by default?
How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn't it make more sense to have 50/50…
Disparaging the Other Parent: what not to say
What are some examples of things you shouldn’t say if your custody order says not to disparage your ex to the kids’ medical providers? Look at it this way: if…
How did your parents’ divorce when you were a child affect your adult life?
My parents did not divorce, but I base my answer to this question on the experiences of my clients, whether it be how their own children reacted to their divorce…
Hypothetically speaking, would you divorce over adultery, if you have kids?
Not simply because of an affair, no. It is certainly understandable if one desires to divorce a spouse who has committed adultery. The law understands this as well, which is…
After a divorce, is joint residential custody better or worse for the children?
Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is…
Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support
Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
What are the rights and responsibilities of a “Guardian ad Litem”?
Role of guardian ad litem Utah Code § 30-3-11.2. Appointment of counsel for child “If, in any action before any court of this state involving the custody or support of…
What happens if marriage is abolished, since there are too many divorce rates and cheating affairs?
If that happens, then we will then have taken another step—and a big one—on the road to hell. Although the old joke, “the leading cause of divorce is marriage” may…
2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation
2019 UT App 104 - Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District…
My ex told me I can’t post videos of our children on my social media. What can I do?
I'm a mother of 3. The father has custody and I have visits and overnights. The father told me not to post videos of our children on my social media,…
Plan a Parenting Schedule That Works for Your Family – by Ryan Howard
Published with permission and by request of the author: https://smartparentadvice.com/parenting-schedule/
2019 UT App 83 – Nave Free v. Free – modification of child support
2019 UT App 83 – Nave Free v. Free THE UTAH COURT OF APPEALS LINDA LEE NAVE-FREE, Appellee, WENLOCK DUANE FREE JR., Appellant. Opinion No. 20170751-CA Filed May 16, 2019…
2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time
2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District…
Child Custody, Utah Code Section 30-3-10, and medical cannabis
Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10…
New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in…
New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?
New laws from 2019 Utah Legislative Session - Section 30-3-34 - "best parent"? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the…
New laws from 2019 Utah Legislative Session – Section 30-3-34
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will…
Do I need a separate room for my daughter?
As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a…
If my spouse cheats, and we divorce will I get custody of my children?
In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No…
Have you ever dealt with parental alienation?
Yes, but from the perspective of being the divorce lawyer for the alienated parent. Let me tell you, unless the alienating parent is so ham-handed in his or her efforts…
What’s the best way to decide who takes the children when a couple splits?
I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about.…
Dealing with Your Spouse During the Divorce Process
QUESTION: What are some pointers that you may have in getting along with your ex-spouse to be during the process of a divorce? What advice do you have to keep…
LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis
2019 UT App 42 - THE UTAH COURT OF APPEALS - LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019…
What causes a whole family to abandon an innocent family member?
What would cause a whole family to abandon one family member if they did nothing wrong? Many possibilities, including, but not necessarily limited to: Mental illness. Mass delusion. Holding opinions…
As an attorney, what was your favorite case and how did it go down?
Winning the argument over whether the children of a divorcing couple should bear their father’s last name, after the husband refused to believe he was the children’s (they were twins)…
Mental Health Professionals: How to Make Good (and honest) Use of Them in Divorce and Child Custody
Many spouses and parents going through a divorce and child custody case may believe there is value in using mental health professionals. This can be true, if you use mental…
Which is best, divorce or stay married for the sake of the kids?
Question: Do you think married people should be able to get a divorce if one or both sides no longer love the other even if they have a kid/kids, or…
I recorded my husband telling me that he wants to hit me. Will this help me obtain custody of our child?
Question: I’m going through a divorce. A day ago, I recorded my husband telling me that he “wants to hit me in the face.” Will this evidence help me obtain…
At what age can children decide which parent they want to live with?
It’s largely a matter of age and size/strength or resourcefulness. Technically a child never legally has the power to choose with which parent he/she will live (the only person with…
If it’s so terrible to separate children from parents at the border, why is it so acceptable to separate children and parents in divorce?
If it's so terrible to separate children from parents at the border, why is it so acceptable to separate children and parents in divorce? Utah Family Law, LC | divorceutah.com…
Have we reached the point where mothers are not immediately deemed the best candidates for child custody?
Almost, but not yet. Until recently, it wasn’t just a cultural norm, but a legal principle that presumed during a child's "tender" years (generally regarded as the age of four…
How did your dad change your life?
Without him perhaps even realizing it, he taught me what is to me the most important thing I could learn and know and be: do what is right, let the…
Relocation: ex-wife just told me she’s moving out of state with the kids
What do I do? My ex-wife tonight, in a fit of anger, told me that she and the kids will be moving out of state. There's no reason--like a job…
Is it ever a good idea to postpone a divorce for the ‘children’s sake’?
Ever? Certainly. Always? No. (and remember: though I’m a divorce lawyer, that does not mean I am a raving fan of divorce. I’m not. Rarely does even the “best divorce”…
Morality Clause: Can Include One in My Decree of Divorce?
Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is…
If a single mother makes more annually than the father, would she have to pay child support even if she has custody?
In Utah, almost certainly not. I cannot think of a scenario in which a parent (mother or father) has sole physical custody of the children and would have to pay…
Marijuana and Child Custody Still Don’t Mix in Utah, You Fools! Ignore This at Your Peril!
No matter what you're told, marijuana use is STILL ILLEGAL in this state. Illegal use of street drugs, including but not limited to marijuana, can and surely will be used…
Child Custody: what does it mean in divorce, and what factors determine who gets child custody?
One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who…
My child support is too high/too low. What can I do about it?
Child Support Can Be Modified, If Circumstances Warrant As financial situations change, the amount of child support ordered may no longer be reasonable or even feasible. Your income may have…
How did you feel after your divorced parent remarried? Where you nice to your step-parents?
I approach this question from the perspective of a divorce lawyer. I am a big fan of remarriage under the right circumstances. Be very careful and don’t move too fast…
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…