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…
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…