By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
Child support in the jurisdiction where I practice divorce and family law (Utah) is, in my experience and estimation, not too high or too low. I’ll explain (in basic terms)…
Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly…
I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No.…
Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie…
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
In our society what shows that we value fathers as parents? When it comes to child custody awards (i.e., the award of legal and/or physical custody)? Society values fathers far…
No, but if CPS or DCFS or DFS or whatever your jurisdiction calls that particular agency of the state filed an action in court to place your children in foster…
If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work…
Great question. Here's a good summary taken from the world of contract law (frankly, the definition of the term “best efforts” likely applies equally well when the term is utilized…
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all…
First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your…
Questions regarding one’s character as a spouse and parent often arise in a divorce and/or child custody case, and family members are often some of the best, if not the…
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
Why do I have to give the court my Social Security Number in my divorce, child custody, paternity, protective order, or other family law or family law-related case? Here is…
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I…
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
State v. Mason - 2021 UT App 41 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. VON DEL MASON JR., Appellant. Opinion No. 20190618-CA Filed April 8, 2021…
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
What are the different tips for parents sharing custody during this COVID-19? Best tip: don’t use COVID-19 as a pretext for withholding/preventing/sabotaging contact and care and communication between the children…
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…
Judge says stay away from my paramour. Can judge do that? I became pregnant by my paramour after my husband and I separated. The court order states we are not…
Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of…
S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender…
S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section's stated opposition to the first iteration of S.B. 122 and…
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
Thomas v. Thomas - 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021…
2020 UT App 171 - Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington…
GALs and custody evaluators waste too much money and time, and can never provide the same accuracy as a judge’s direct interview of the child. This post is the fifteenth…
I've never seen a GAL or custody evaluator add value equal to the fees they charge This post is the fourteenth in series of 15 posts on the subject of…
GAL recommendations are nowhere close to being the best way to determining the child’s best interest. This post is the thirteenth in series of 15 posts on the subject of…
How useful are a GAL’s or custody evaluator’s recommendations? This post is the twelfth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs”…
What’s the benefit of having no record of the child’s interview? This post is the eleventh in series of 15 posts on the subject of custody evaluations and the appointment…
What will a judge do if a mother gives up her full custody right to the father of her kids, wants nothing to do with them, refuses to pay child…
If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child? This post is the seventh…
What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My…
Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…
If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible…
How do I fight a DUI without a lawyer? You don’t. Too much at stake. Too hard to do on your own. I’m a lawyer (a divorce and family law…
If a parent exceeds parent-time by an hour or so, what can I do? Our custody order provides that child visitation is 11 a.m. - 4 p.m. My ex and I agreed by e-mail to change it to 10 a.m. to 3 p.m. But now my ex picks…
Can a parent legally keep the other parent from the children? Can a parent (married or unmarried) legally keep the other parent from the children without having gone to court?…
What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon…