Is There a Way to Get Legal Action on Child Support for Free?

That does not bode well for you, if in fact the child will be in the courtroom at the same time you and the judge assigned to your case are…

Continue ReadingIs There a Way to Get Legal Action on Child Support for Free?

If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you…

Continue ReadingIf a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the…

Continue ReadingWhat Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

How Do You Prove Parental Alienation in a Child Custody Case?

Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than…

Continue ReadingHow Do You Prove Parental Alienation in a Child Custody Case?

In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

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, v. STATE OF UTAH,…

Continue ReadingIn Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

If You Have Sole Physical Custody, Does That Mean Your Ex Can’t Take Your Child Out of State Without Your Permission?

I can't speak for what the law is in all jurisdictions, but I can tell you what the law is in the state of Utah, and how the law applies…

Continue ReadingIf You Have Sole Physical Custody, Does That Mean Your Ex Can’t Take Your Child Out of State Without Your Permission?

After a Marital Breakup, Only One Parent Can Properly Raise the Children, With the Other Parent Entitled Merely to Visiting Rights, but Could There Be a Better Alternative?

You’ve picked a good topic of discussion, but your question is poorly phrased. Your claim that only one parent can properly raise children after a marital breakup is false. Not…

Continue ReadingAfter a Marital Breakup, Only One Parent Can Properly Raise the Children, With the Other Parent Entitled Merely to Visiting Rights, but Could There Be a Better Alternative?

Can a Mother Keep Her Children From Her Separated Husband Until Court in Utah?

This is something of an intentionally gray area in the law, but that’s no reason or invitation to abuse it. Many don’t realize that a parent cannot kidnap his or…

Continue ReadingCan a Mother Keep Her Children From Her Separated Husband Until Court in Utah?

Are That there is a Bias Against Men/Fathers in Child Custody Disputes Just Whining?

Are claims that there is a bias against men/fathers in child custody disputes just whining? No. Such claims are true and while the problem is slowly abating, it still needs…

Continue ReadingAre That there is a Bias Against Men/Fathers in Child Custody Disputes Just Whining?

Is 50/50 custody likely when the parents live in the same neighborhood?

What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…

Continue ReadingIs 50/50 custody likely when the parents live in the same neighborhood?

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%?…

Continue ReadingMy children’s father is a bum. Can he get 50/50 custody awarded?

How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

Good question.  A generation or two ago, it was all but unheard of for parents to be awarded joint physical custody of their children. It was literally unthinkable in the…

Continue ReadingHow Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

What happens when the child violates the custody and parent-time agreement and court orders?

One of the increasingly worst kept secrets in Utah divorce and child custody law is the fact that after a certain age, minor children are essentially ungovernable when it comes…

Continue ReadingWhat happens when the child violates the custody and parent-time agreement and court orders?

If a father is working full time and is expecting to get 50/50 custody, how does he arrange for the kids when he is at work from 9-5 p.m.?

If a father in this position can’t figure this out on his own, he’s probably not in a position to be entrusted with exercising 50/50 custody. If a father wants…

Continue ReadingIf a father is working full time and is expecting to get 50/50 custody, how does he arrange for the kids when he is at work from 9-5 p.m.?

Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances

2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable…

Continue ReadingThayne v. Thayne – 2022 UT App 122 – Change of Circumstances

Do family courts favor mothers? 

While there are some judges, perhaps even some jurisdictions, that are outliers, the answer to your question is: generally yes, no question about it.    While the preference for and…

Continue ReadingDo family courts favor mothers? 

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…

Continue ReadingWhat does temporary custody without prejudice mean?

Can being a noncustodial parent improve the child-parent relationship?

Can being a noncustodial parent improve the child’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: …

Continue ReadingCan being a noncustodial parent improve the child-parent relationship?

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…

Continue ReadingChild refuses to exercise shared custody with the stricter parent

Why is it so easy to get married, and so hard to get divorced?

Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around?  This is a perceptive question.  It would not not…

Continue ReadingWhy is it so easy to get married, and so hard to get divorced?

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…

Continue ReadingWhat are the primary parenting issues of concern by the court?

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…

Continue ReadingWhat can you do if your ex-husband does not want to pay school fees?

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,…

Continue ReadingDo you think it’s fair for a non-custodial parent to pay more child support?

Are there experts who can evaluate parental alienation for a custody case?

There are “expert” witnesses for virtually any and every issue in legal actions.  Can judges be bamboozled by pseudo-scientific expert witnesses? Without question.  Do some judges who know that the…

Continue ReadingAre there experts who can evaluate parental alienation for a custody case?

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…

Continue ReadingCan a parent with full custody deny visitation due to unsanitary conditions?

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…

Continue ReadingCan a 16-year-old child choose not to have visitation with a parent?

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. …

Continue ReadingIs it possible to get court transcripts for custody hearings?

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…

Continue ReadingCan I gain full custody if I’m bipolar?

What are the primary concerns in determining parenting issues? Why?

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…

Continue ReadingWhat are the primary concerns in determining parenting issues? Why?

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…

Continue ReadingIf each parent is fully capable, will the court still give full custody to mom?

Why would a father give a child’s abusive mother full custody?

Why would a father whose attorney had outed his children's mother as a schizophrenogenic narc monster give her full custody?  “Give?”  If the father had it within his power to…

Continue ReadingWhy would a father give a child’s abusive mother full custody?

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…

Continue ReadingCan a non-custodial parent claim the child tax credit?

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…

Continue ReadingHow does someone take custody of a child after winning custody?

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…

Continue ReadingWhat is the proper way to request a change of the child custody order?

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…

Continue ReadingHow can I reveal my soon-to-be ex as having NPD in our custody case?

How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…

Continue ReadingHow would my fiancé go about getting any sort of custody for his child?

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…

Continue ReadingWhat will happen if the child refuses to go with the custodial parent?

How can I help my stepdaughter get away from an abusive mother?

How can I help my 12-year-old step daughter get away from an emotionally abusive mother?  Tell the child’s father (your husband) about the trouble and have him handle it. It’s…

Continue ReadingHow can I help my stepdaughter get away from an abusive mother?

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,…

Continue ReadingIs appointing a guardian ad litem helpful in custody cases?

What are the chances of a mother getting full custody?

In my experienced opinion:  If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of…

Continue ReadingWhat are the chances of a mother getting full custody?

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…

Continue ReadingHow will it affect children to switch schools every other school year?

If both parents are wonderful, will the court still favor the mother?

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…

Continue ReadingIf both parents are wonderful, will the court still favor the mother?

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…

Continue ReadingWhat is the argument for hearing a child’s view in a custody decision?

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…

Continue ReadingI’m 14 and my mom is making me live with my dad. How do I stop this?