Is it advantageous to lie and sling mud at the other parent to win custody?
Today's question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part…
Do the family courts in the U.S. tend to favor the mother over the father?
Do the family courts in the U.S. tend to favor the mother over the father? Generally, yes. The courts are slowly, but noticeably, becoming less biased in favor of mothers…
How many states favor mothers in child custody proceedings?
How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question…
Can an abusive father win custody even if they’re not legally married?
I’m in an emotionally, verbally, and financially abusive relationship. Can an abusive father win custody even if they're not legally married? Anybody can do or get anything, if he/she tries…
Who can claim the kids on income taxes when parents are separated?
Is it legal for a parent to claim kids on income taxes if the kids don’t see him or live with him and he doesn’t support them financially (parents are…
Divorcing parents in psychiatric care deny thoughts of self-harm?
Do parents in psychiatric care deny thoughts of self-harm for fear admitting it may impact custody? Is it common for a parent in psychiatric care to make false denials of thoughts…
2019 UT App 207 – Peeples v. Peeples – modification of child custody
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
If your parents are divorced, what are the chances you will be?
Much, much higher than if your parents had not divorced. See Psychology Today February 5, 2019: “Research shows that children of divorce are more likely to experience a divorce themselves. The statistics…
Why not reduce child support when the supporting parent loses his/her job?
Should child support be ordered reduced as soon as (automatically when) the supporting parent loses his/her job through no fault of his/her own? Of course. The only reason we don't…
How is the custody going to work after separation?
After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation?…
Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony
2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…
Are bedbugs a basis for modifying child custody or parent-time?
If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent…
Has Facebook been used in child support cases?
Sure, if it provides evidence relevant to a child support issue. Such as? proof of employment - if the child support obligor claims “I can’t pay support, I don’t have…
Why can a child refuse to live with a parent as court ordered?
Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to…
State v. Popp – 2019 UT App 173 – divorce and sexual abuse of children
2019 UT App 173 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JUSTIN WILLIAM POPP, Appellant. Opinion No. 20180224-CA Filed October 31, 2019 First District Court, Brigham City…
Should we put divorcing couples in an adversarial divorce court system?
People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care…
What are some interesting facts about child support?
Unless the court orders otherwise (and I have yet, after 22 years in practice, to see a court order otherwise), if you lose your job, you still have to pay…
How can we change divorce court to make it easier on the children?
Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs and the needs of their family, instead of…
How does a “baby prenup” work and is it effective?
For others reading this answer to your question who do not know what a “baby prenup” is, let me first describe it: What a “baby prenup” is not A “baby prenup”…
What is the best comeback a judge has ever made in court?
I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…
Do I have to keep paying child support if our child doesn’t live with the other parent?
Question: My daughter turns 18 in the middle of September. I just recently learned that her mom moved away a couple of months ago leaving my daughter to live with…
What is child support intended to cover?
Child Support Purposes. What are they? Black’s Law Dictionary defines child support as: child support (1939) Family law. 1. A parent's legal obligation to contribute to the economic maintenance and…
Is there any way I can reduce child support?
In Utah (where I practice divorce and family law), yes, there are many possible ways to reduce child support. They may not be applicable to every child support payor, but…
How do I respond to parental alienation?
What can a parent do if, after the divorce, the other parent who has custody of the child turns the daughter against that parent? A parent in this situation can…
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)…