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…
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…
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"? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the…
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…
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…
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…
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…
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.…
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…
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 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…
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)…
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…
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…
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…
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? Utah Family Law, LC | divorceutah.com…
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…
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…
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…
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”…
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…
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…
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…
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…
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…
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 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? 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? 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 and the separation will likely affect her ability to do so…
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…
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…
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 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…
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 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
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? 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? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law…
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…
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…
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 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? 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, 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? Yes, they can be, under certain circumstances. A common tactic in child custody disputes is to accuse…
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,…
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…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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