Why don’t some people fight for custody of their children?
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,…
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…
How can I get the custody of my two-year-old son in court? I am an SFG in service, not always at home, but I can give my child to my…
What is child custody? In America, do women get custody of a baby? “Child custody” is defined in Black's Law Dictionary (10th ed. 2014) as follows: 2. Family law. The…
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…
2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan…
This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…
This opinion is subject to revision before final publication in the Pacific Reporter 2018 UT 30 IN THE SUPREME COURT OF THE STATE OF UTAH ROCIO SMITH, Appellant, v. KAYELYN…
Perspective of a Law Student: How my views on court decisions have changed after 2 years of law school by Alyssa Miller Before law school I perceived court cases and the…
(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication…
Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who…
QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…
What can you do if your ex has tens of thousands to spend on child custody litigation and plans on taking you to court repeatedly in different states until your…
Child Custody: How do courts provide for parents to take care of their children after divorce? When parents divorce, one of the biggest potential conflicts is the question of child…
Do you believe in public shaming of parents who don't pay child support? No, for at least four major reasons (in no particular order): Public shaming of a parent who…
What was it like to lose your siblings during a divorce? I am a divorce lawyer, but neither I nor my parents ever divorced. I do not know personally what…
What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn't another attorney…
What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…
Look, I love you, brother, but this isn’t really a question, it’s a lame lament, and I will show you why. First, there are plenty of horrible lawyers out there…
Can I prevent my ex from obtaining or renewing a passport to enforce child support? Yes. Here's why and how: Federal Passport Denial Program Except when the child support obligor's…
QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…
What precautions have you taken to avoid custody battles over your frozen embryos? In Utah, the Utah Code contains these provisions regarding frozen embryos: 78B-15-707. Parental status of deceased spouse.…
What is it like to have divorced parents as a child? Generally worse than having non-divorced parents. I do not state that to offend divorced parents. Most (not all) divorced…
National Parents Organization Celebrates Landmark Kentucky Shared Parenting Law NATIONAL PARENTS ORGANIZATION | PRESS RELEASE April 26, 2018 NATIONAL PARENTS ORGANIZATION CELEBRATES LANDMARK KENTUCKY SHARED PARENTING LAW With Governor Bevin’s…
Who has more rights to claim the custody of their child after divorce, a mother or father? The answer the legal profession wants you to believe and that the law…
Should I feel "guilty" and "ashamed" because a “friend of the court” determined my soon to be ex-wife should pay me child support as part of the divorce settlement? It…
How could a mother or a father claim a child's custody? Custody is not something a parent usually “claims”. Biological parents of child already legally have custody of their children.…
Do any women have to pay child support? Not only she can women pay child support, if the couple are divorced or the court adjudicates child custody in a parentage…
Can the court allow parents to decide on their own for the custody of their child? Yes! Not only are parents allowed to decide what the child custody award will…
Why you should settle the issue of child custody out of court, if you reasonably can: Shuman v. Shuman, 406 P.3d 258, ¶ 10, 2017 UT App 192: We are,…
Family court to father: No guns in the house until child is 18 Washington Post By Eugene Volokh March 17, 2015 https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/17/family-court-to-father-no-guns-in-the-house-until-child-is-18/?utm_term=.ef6b700d1996 But last week’s In re Parentage of M.A.R.R. (Ill. Ct. App. Mar.…
Do underage children have any say in custody in the U.S.? In my jurisdiction where I practice family law (Utah), the answer may be hard to discern by reading the…
The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes? Here’s the answer as it applies under Utah…
How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…
After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…
How would child support be calculated for a father who remarried and has 4 other children living with him? Here is the law in Utah: If the children are stepchildren…
Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…
Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…
What happens if a child does not sleep in another room? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is…
What if I don't want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of…
Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul…
Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…
QUESTION: My ex-wife tonight, in a fit of anger, told me that she is going to move to another state with our kids (her current boyfriend lives there). I’m not…
QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time.…
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…
QUESTION: I was wondering if a child goes to college but still lives with a parent, does child support still continue while child is in college? ANSWER: The Utah Code…