In re K.K. – 2023 UT App 13
In re K.K. - 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Knowlton v. Knowlton – 2023 UT App 16
Knowlton v. Knowlton - 2023 UT App 16 THE UTAH COURT OF APPEALS SHONDELL SWENSON KNOWLTON, Appellee, v. BRADLEY LEWIS KNOWLTON, Appellant. Opinion No. 20200483-CA Filed February 9, 2023 Second…
Mintz v. Mintz – 2023 UT App 17
Mintz v. Mintz - 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed…
In Re J.E. – 2023 UT App 3 – Challenge to Voluntary Declaration of Paternity
In re J.E. - 2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant,…
Myers v. Myers 2023 UT App 20 – Alimony Modification
Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March…
From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them
There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused…
Wellman v. Kawasaki – 2023 UT App 11 – Alimony
2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable…
In Re A.H. – 2022 UT App 114 – Termination of Parental Rights
2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Maryland State Appeals Court Rules That a $7M Adultery Penalty in Postnuptial Agreement Is Enforceable.
On October 26, 2022, the Maryland Court of Special Appeals ruled against a husband who claimed that the infidelity penalty in a postnuptial agreement between him and his wife was…
My children’s father is a bum. Can he get 50/50 custody awarded?
The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%?…
Can a child who wants to, testify of his/her desires regarding the child custody award?
Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…
What does temporary custody without prejudice mean?
It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody…
How do I file a response in a divorce if the summons is invalid?
How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were…
Child refuses to exercise shared custody with the stricter parent
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
My question to Utah Office of Recovery Services (ORS):
Good morning, I am a divorce and child custody lawyer. I have a question that all of my clients ask me that I don't have the answer to: "Why does…
Is child marriage legal in the United States?
Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with…
How can I make sure father won’t gain custody?
My husband cheated on me and we're getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure…
What are the primary parenting issues of concern by the court?
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
What can you do if your ex-husband does not want to pay school fees?
What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a…
When do courts value the marital estate?
When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing…
How much should you trust your lawyer? Part 2
This blog is in response to a comment made to a video entitled How much should you trust your lawyer? “The biggest problem I've encountered with attorneys isn't legal competence…
Do you think it’s fair for a non-custodial parent to pay more child support?
Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally,…
What will the court do if I do not sign a letter sent by my ex-husband?
What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony…
Can a parent with full custody deny visitation due to unsanitary conditions?
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for…
Can a 16-year-old child choose not to have visitation with a parent?
Technically, no. Practicably/pragmatically, yes. Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply…
How is a narcissist exposed in a court of law?
You’re not asking the best question. First, understand that many divorcing people see their spouses as “narcissistic” because at the time of divorce they tend to see the worst in…
Is it possible to get court transcripts for custody hearings?
Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. …
Can I gain full custody if I’m bipolar?
I don't want anything to do with my child's father. Can I gain full custody if I'm bipolar? First, thank you for being so candid and blunt. This is a…
Fox v. Fox 2022 UT App 88 – alimony
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…
If each parent is fully capable, will the court still give full custody to mom?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Can you get a post-judgment interest rate higher than the statutory rate?
Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower,…
Do both parties have to sign the paperwork for a divorce to be granted?
Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not…
Can a non-custodial parent claim the child tax credit?
Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a…
I signed a CPS safety plan but the court orders protective supervision.
What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311 …
How does someone take custody of a child after winning custody?
When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of…
What are the significant changes to family law in the past two centuries?
What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): …
What is the proper way to request a change of the child custody order?
What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…
Can I get an annulment instead of a divorce?
Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: "I would prefer to say that I…
How can I reveal my soon-to-be ex as having NPD in our custody case?
How can I reveal my soon-to-be ex as having NPD in our child custody case? You're asking the wrong question. You shouldn't be asking how you can prove your spouse…
What will happen if the child refuses to go with the custodial parent?
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
How easy is it to change your child’s last name?
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…
What will the court do if I do not pick up a letter my ex husband sent?
What will the court do if I do not pick up a letter my ex husband sent that needs to be signed by me from the courts about his back…
Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside
2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…
Is appointing a guardian ad litem helpful in custody cases?
Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah,…
What should I tell my lawyer who says that a motion to dismiss is not real?
What should I say to my lawyer who told me that a motion to dismiss isn't really a thing so we cannot file one? It may be that a motion…
How will it affect children to switch schools every other school year?
How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not…
What if your client gets custody when they should not have, due to you?
What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word…
What is the argument for hearing a child’s view in a custody decision?
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
Can I force my spouse to divorce me?
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent…
I’m 14 and my mom is making me live with my dad. How do I stop this?
I'm 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and…
