Don’t Let This Happen to You When Drafting a Legal Custody Child Custody Award
If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…
Alcohol Use Monitoring in Custody and Divorce Cases and Which Monitoring Device and Service to Use: BACtrack vs. Soberlink
When alcohol use (or accusations of it) becomes a custody or parent-time issue, courts want two things: reliable measurements and confidence that the right person took the test. BACtrack and…
Should You Have Your Spouse or Co-Parent Subject to a Psychological Evaluation in Your Divorce and Child Custody Dispute?
I. Introduction A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why…
Reforming Child Custody in Utah Divorce: A Parental Fitness Approach
In Utah, divorce-related child custody disputes often escalate over parenting flaws that wouldn’t justify state intervention outside divorce. This approach is flawed because it creates a double standard that unfairly…
The Overrated Book, The Understated Truth: Atomic Habits and the Indispensable Role of Quantity in “Quality” Parent-time
People rave about Atomic Habits by James Clear. I do not. It’s not a bad book, but not life-changing, at least not for me. Maybe it didn’t move me much…
What Are the Biggest Challenges Men Face During Divorce, and Why Do Some Believe the System Is Unfair to Them?
It is not a matter of beliefs that men are generally (not in every single case, but generally) treated unfairly in divorce. It is a fact. This is why many…
Child Custody and the “Primary Caregiver” Scam
Of the Utah domestic relations commissioners and judges who treat fathers as second-class parents in making temporary and permanent custody and parent-time rulings, they practically gush about the standard for…
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 1 of 2)
See Pusey v. Pusey, 728 P.2d 117, 121 (Utah 1986): ZIMMERMAN, Justice (concurring in the result): [I] also believe it is time to discontinue any hint of support for the notion of…
Do You Live in Salt Lake, Summit, or Tooele County and Are Being Denied Parent-time by a Non-compliant Co-parent?
Well, then, I have good news and bad news. Good news: you can file a motion with the court to seek relief. Bad news: prepare to wait a while before…
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…
If the Other Parent Is Withholding Parent-Time, Can I Bypass Having to Deal With Him/Her and Pick Up Our Child After School Instead?
If the other parent of your child is withholding court-ordered visitation (often now called “parent-time”) with the child from you, can you solve this problem by circumventing/bypassing having to pick…
Do Kids Like 50/50 Custody Schedules?
Some do, some don't. Generally, however, when both parents live in the same neighborhood, so that their children are able to get to school, interact with the same friends, attend…
What Are the Most Effective Strategies for Parents to Ensure Their Child Feels Equally Loved by Both Parents in a 50-50 Custody Arrangement?
The key is that both parents place the child’s best interest above any bad blood between them; children are more likely to feel secure, loved, and emotionally connected to both…
What Do Children Whose Parents Were Awarded Equal Physical Custody (50/50) of Them Think of Such a Schedule?
Children's perspectives on shared custody arrangements (equal physical custody being one such arrangement) are complex and nuanced, seeing both benefits and challenges to them. Here is what children typically report about…
Having Experienced 50-50 Custody as a Child to Teen, What Do You Want Parents to Know?
Simply put, normal children of divorced or separated parents want their parents: not to make custody a turf war. Honor your children’s right to a strong loving and trusting, relationship…
In re D.S. – 2025 UT 11 – termination of parental rights – standard of proof
This opinion is subject to revision before final publication in the Pacific Reporter In re D.S. - 2025 UT 11 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
Yes, Equal Custody Is a Great Idea and Should Be Awarded Far More Often Than It Is Now, but That Doesn’t Mean Equal Custody Can Always Work.
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
Yes, Equal Custody Is a Great Idea and Should Be Awarded Far More Often Than It Is Now, but That Doesn’t Mean All Judges Agree.
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
The Case for Fault-Based Divorce: A Perspective from the Trenches of Family Law
As a legal assistant at a family law firm (and as a soon to be law school graduate), I see firsthand how the current no-fault divorce regime can create problems…
What Are the Chances My Child’s Father Will Get 50/50 Custody in Utah if I Only Knew Him for a Few Months Before Getting Pregnant and He Was MIA Until He Was Ordered to Pay Child Support?
If you are a fit parent (not abusive, not neglectful, not suffering from any disability that renders you unable to provide the care and support the child needs, and can…
If You Are Not Happy With the Current Child Custody Arrangement, Can You Change It?
I cannot answer this question as it applies to all jurisdictions, but I can answer it as it applies to the jurisdiction where I practice family law (Utah): Merely because you are…
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…
Why Does My Ex Want Full Custody Now That I Filed for Child Support?
If a parent has sole or primary physical custody of the children, then not only does that parent typically not end up having to pay child support to the other…
My Dad and I Want Changes to My Child Custody Orders. Dad Says It Will Be Months Before a New Order Can Be Written. Is That Right?
Probably. If your question is, “Does it take a long time to obtain a court order modifying a child custody award?,” the answer is, generally, “Yes.” I can't speak for…
In re K.M. – 2025 UT App 17 – parents regaining custody from guardian
In re K.M. - 2025 UT App 17 Oral argument (Utah Court of Appeals archive): https://youtu.be/e8OUzlARvZk THE UTAH COURT OF APPEALS IN THE INTEREST OF K.M., A PERSON UNDER EIGHTEEN…
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,…
How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
The Difference Between Reunification Therapy and Family Systems Therapy By Braxton Mounteer, Legal Assistant
Families often find themselves having to confront their conflict and dysfunction when a divorce is filed. When families face conflict or dysfunction, therapy can (can, not always will, but can)…
What is Good Evidence in Divorce Proceedings, and What Critical Role Does It Play?
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
The Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant
Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…
The Prejudicial Impact of False Abuse Accusations on Husbands and Fathers in Utah Divorce and Custody Disputes
Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…
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…
How Do I Get Full Custody of My Child From a Bad Mother?
Ideally, with overwhelming amounts of compelling, objectively verifiable evidence that 1) the mother is unfit to exercise custody of the child; and 2) you are fit to exercise custody of the child. Why overwhelming…
Absolute Opposition to Recording Child Interviews in Child Custody Dispute Cases Is Groundless.
[Full disclosure: I make no secret of the fact that I have yet to encounter a custody evaluation conducted in Utah that is not pseudo-scientific, incompletely and incompetently documented, and…
How Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?
Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…
What to Do When Your Ex Is Threatening to Take Me Back to Court to Change Custody or Reduce Parent-Time
I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…
Can a Parent Send a Third Party for Child Pick Up for Parenting Time if It’s Not a Part of a Utah Custody and Parent-Time Court Order?
If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…
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…
A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?
I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…
The Voice of Reason in a Discussion of Domestic Violence and Child Custody
On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…
Is There a Viable Alternative to a Custody Evaluation?
Do you find yourself involved in a child custody dispute (whether in a divorce case or a parentage/paternity action? If so, has your spouse or your attorney may have proposed…
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,…
What Are Some Tips for Divorced Parents on How to Handle the Holidays While Co-parenting?
Know this first: the best things to do are often easier said than done. That stated, they are not that hard to do, but many are not that appealing to…
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…
What Paperwork Must I Complete in Family Court to Modify a Utah Child Custody Order?
DIY litigation is difficult in almost every situation. Divorce and family law is no different. You will likely save time and money by hiring a good (a good) attorney in…
THE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM
“Speak your mind—even if your voice shakes. . . . When you least expect it, someone may actually listen to what you have to say.” — Maggie Kuhn I have…
Two Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.
In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…
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…
Can My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.
There is a case in Utah that may almost precisely be on point for the circumstances you describe, Hogge v. Hogge, 649 P.2d 51, 54 (Supreme Court of Utah 1982). Here…
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