How Do Fathers Fight for Child Custody?
Do you mean to ask, How do deserving fathers fight: for sole child custody? for joint child custody? for equal child custody? Or do you mean to ask: “How do fathers ‘win’ their…
Sexual Discrimination in Utah Child Custody and Parent-Time Awards – I’m Just Going to Leave This Here (Part 2 of 2)
See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…
How to Handle Child Custody When the Mother Is Negatively Influencing the Child?
Do you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…
Equal Physical Custody – Give It a Chance . . . a Fair Chance
Equal physical custody should be awarded far, far more often than it is currently in Utah. There are so many situations in which we have two loving, fit parents who…
Is It Possible to Divorce With Dignity?
Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…
How Can an Unfair Child Custody Arrangement Be Corrected in Utah?
It depends on how you reached this point, and how much time, if any, you have to fix it. If circumstances relevant to the child custody award have materially and…
When Contemplating Divorce, Advance Research, Analysis, and Planning Will Be a Tremendous Help to You, Your Family, and to Your Attorney
Several important provisions are frequently overlooked in divorce decrees, despite their significant impact on post-divorce life. If you are contemplating divorce, but have not considered these issues yet, thinking them…
How Should I Communicate With My Spouse During the Pendency of Divorce Proceedings?
This is an extremely good question because I am amazed (as a divorce and family lawyer who has been in practice for 28 years) how divorcing couples and parents communicate…
Proposed Utah Family Law Legislation I’m Following During the 2025 Session
There are many bills before the Utah Legislature during their 2025 session that I’m particularly interested in and that I am following. One of them is House Bill 33. HB…
Toward Equal Child Custody Awards in Utah: Progress Made and Still to Be Made
Historically, in the state of Utah, and throughout the United States, cultural bias as to which parent is granted primary custody plays a major role in child custody decisions. Originally,…
It Has Been Suggested That We Have a Special Master Appointed in Our Case. ‘Good Idea?
No, and I’ll tell you why in the context of discussing a newly proposed Utah Rule of Civil Procedure which would be Rule 53A, entitled “Special masters for parenting disputes…
The Overreach of Utah Courts in Ordering Therapy in Divorce and Child Custody Cases
In contemporary Utah divorce and child custody disputes, courts frequently order parents and children to participate in reunification therapy, family systems therapy, or other forms of therapy and counseling. While…
Wallace v. Wallace – 2024 UT App 164 – Custody, Non-disparagement
Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…
Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances
Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…
The Utah Divorced Parent’s Yearly Audit
Divorced parents of minor children, here’s a great idea you should implement: conduct a yearly audit to ensure that everything is covered when it comes to the custody and parent-time…
My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
What About My Children? Can They Use Social Media During My Divorce?
Unless the law of your jurisdiction or a court order in your particular case prohibits your children from viewing or posting on social media during the pendency of the divorce…
Are You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant
An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…
Why All Communications with Your Former Spouse Should be in Writing By Braxton Mounteer, Legal Assistant.
Even if you trust your former spouse to deal with you honestly and in good faith in any matter pertaining to your divorce, why should you communicate in writing with…
What Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.
I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…
Should You Stay Friends with Your Former Spouse? By Braxton Mounteer
Whether you should be or try to be friends with your spouse after a divorce is a tough question to answer. Many divorced people continue to care about each other…
Mother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
How much does a parent have to pay in child support? What is the legally set amount?
Some people believe that child support is the same for all parents. They believe that every parent who is ordered to pay child support pays the same amount of money…
Blanket Prohibitions on Child Testimony in Custody and Parent-Time Disputes Are Irrational and Irresponsible.
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Is There a Primary Parent in Joint Custody in Utah Which Is Also Known as “Equal” or “50/50” Custody?
Utah, like many states, has struggled with the very concept of equal (“50/50”) custody of children for years. While progress has been made (especially in the past few years), we…
What Must or Should I Do In This Situation?
What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…
How do you survive if the narcissist won custody of your kids and you have to accept it?
Hard truths incoming. When dealing with a co-parent who is afflicted with a personality disorder, do these things, and do them all at the same time: 1) Examine your own…
Family Law Legislation for the 2024 Utah State Legislative Session
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
Parenting before, during, and divorce litigation By Braxton Mounteer, Legal Assistant
Divorce is already hard enough on the parties involved, but it is even harder on the children of the recently separated family. I speak as a child of divorce, who…
Obstacles Fathers Face in Trying to Get Joint Custody of Their Children
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
Why would a co-parent suggest using a parenting app
I will start out my answer by acknowledging that reasonable minds can differ on the merits of a “parenting app,” also known as a “co-parenting app”. I will continue my…
How To Talk To Your Former Spouse By Braxton Mounteer
Regardless of your feelings towards your ex-spouse, if you have children, you will have to talk or otherwise communicate to your ex (and do so often) about the minor children…
Can anyone recommend a good attorney for father’s rights?
Many fathers and those who care about them ask this question. It’s no wonder why. But beware. "Father's Rights Attorney" is, for the most part, a scam. Don't misunderstand me:…
What Good Parents Need to Know About Child Custody Disputes with an Evil Parent
You hear and read on attorney websites stuff like, “Navigating child custody arrangements during divorce can be challenging.” That’s not the half of it. Child custody disputes with an evil parent…
How likely is a judge to give the non-custodial parent 50-50 parenting time after the primary custodial parent has been the primary parent for three years?
Before you read another word, know this: the answer in these situations is, “It depends on many and varying factors.” Nobody likes that kind of answer, but it’s the truth…
2023 UT App 137 – Lobendahn v. Lobendahn – petition to modify custody
2023 UT App 137 - Lobendahn v. Lobendahn THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…
Does it not feel weird to anyone that a parent who does not get child custody has to pay child support to the other parent who is enjoying the kids?
I think I know why you think it’s weird. Why have the children live with one parent instead both parents on an equal custody basis? In other words, “I’ll bear…
What do I do when my ex uses doctor’s appointments in our child support issue on court when we have 50/50 decision making, but I have the final say to any decision made? Will it be used against me?
If I understand your question correctly, you're wondering if the court will fault for your ex-spouse's claims that you are failing to act responsibly when it comes to making and…
The Father Just Paid Child Support, and Now He’s Asking the Mother of the Child to Start Showing Him Receipts. Do You Think He Is Right for Asking?
Absolutely. No question about it. Now, don’t confuse “he has every right to ask for receipts” with “he has every right to receipts”. If a child support payor (known in some jurisdictions as the…
Blake v. Smith – 2023 UT App 78 – child custody, child support
Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…
What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?
Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view.…
As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?
Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and…
If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?
There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…
The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?
This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children…
Can Adoptive Parents Lose Their Kids When They Divorce?
Adoptive parents cannot lose custody of the children they adopted merely because they divorce. The children of adoptive parents are treated no differently in divorce than children who are issue…
If I Have a Temporary Court Hearing for Joint Custody and I Have Planned a Vacation Before the Order Is in Place. Can I Still Take My Child Out of State as the Custodial Parent?
This is a complicated question. If there is no statute or court order in place that bars you from taking your child out of state with you for a vacation,…
Does a Child Have Rights in Her Home After a Divorce?
There are many ways one might interpret what your question is. If you are asking whether a child of divorced parents has, as a result of the divorce, more or…
If You Are Separated and She Wants Her Money for Child Support and Alimony Early Payment for the Child Support, Can She Get It by Taking You to Court?
It appears that your question is: can child support be awarded to a parent even if a divorce or child support action has not yet been filed? If that is…
Can I File for an Order of Protection Against My Daughter’s Father for Myself, Even if She Is Living With Him?
If he poses a danger to you, then yes. The fact that a child you share lives with him will not prevent you from obtaining a protective order against him…
