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…

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Miner v. Miner – 2025 UT App 64 – modifying alimony, attorney’s fees

Miner v. Miner - 2025 UT App 64 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, v. JOHN E. MINER, Appellant. Opinion No. 20230278-CA Filed May 8, 2025 Fifth…

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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…

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Can a Utah Attorney Take a Divorce Case on a Contingency Fee Basis? If Not, Why Not?

Divorce lawyers generally can't take cases on a contingency fee basis due to ethical rules and practical considerations: Express ethical prohibitions. Utah’s rules of professional conduct explicitly prohibit contingency fees in…

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Will ORS automatically adjust the child support withheld from my paycheck when my child support obligation changes? By Braxton Mounteer, Legal Assistant

Will ORS automatically adjust the child support withheld from my paycheck when my child support obligation changes? The short answer to this question is no. ORS will not automatically review…

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What Are Some Types of 50-50 Custody? Can One Parent Be the Custodial Parent in 50- 50 Custody With the Same Equal Time?

Great question (and follow up questions). What are some types of 50-50 custody? No matter what you call it (whether “50–50” or “50/50″), the meaning is the same: the children…

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Protecting Yourself From a Spouse Who Has No Regard for Ethics, the Law, or Morality. By Braxton Mounteer

A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…

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Does Utah Law Require Divorced or Single Parents to Pay Child Support in the Form of College Tuition?

Does Utah law require divorced or single parents to pay child support in the form of college tuition for their children? Require it? No. Utah does not require divorced or single…

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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…

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Divorce Listings & Property Condition: Why It Matters More Than Ever

As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…

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Why Collaborative Divorce Usually Isn’t Worth It

In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…

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What are some good (and bad) reasons for changing one’s divorce lawyer mid-case?

Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…

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No, Utah Law Does Not Presume that Physical Child Custody Will Be 50/50.

Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…

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When Does Child Support End Under Utah Law? Once a Child Reaches Majority? Sooner? Later?

This question perennially arises at graduation time, and it’s graduation time when I write this post. Unless your Utah-issued decree of divorce contains provisions for child support that deviate from…

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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…

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Is Alimony off the Table Here?

My wife had an affair, got caught when she got pregnant by her lover, and then separated from me to move in with him. She had the baby and she…

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Conflicting Advice

Conflicting Advice Divorce is many people’s first and only experience with serious civil litigation. Many divorce clients can’t believe how different (and how much more disappointing) the legal system is…

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Should I Pay My Lawyer to Communicate With the Opposing Party’s Attorney?

Question: Should I pay my lawyer to talk to the opposing party’s attorney? He spent 3 hours last week responding to 12 emails from opposing counsel and I need to…

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Another Thing I Realized About Why Custody Evaluators Don’t Want Interviews Recorded

I'm beginning to realize that the amount of subjectivity involved with custody evaluation findings and conclusions is almost absolute, when you have two fit parents; meaning that somebody could ask…

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What does “child support” mean in Utah?

There are actually three different but related types of child support in Utah for divorced and unmarried parents who obtain child support orders either through administrative means or through a…

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How to Identify and Avoid Some Common Dirty Tricks in Divorce Cases. By Braxton Mounteer, Legal Assistant

Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…

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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…

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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…

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How Do You Get a House Valuation/Appraisal for a Divorce When Your Spouse Has Remains Living in It?

A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…

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How to Be a Good Client in Your Utah Divorce Case

Divorce is for most people a very stressful and emotional process. If you are ready to hire a divorce attorney, knowing how to approach working with your attorney can significantly…

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A Family Law Attorney 6 Months Out of Law School Works as an Assistant to One of the Top Family Law Attorneys in the Country. Could This New Attorney Handle an Extremely Wealthy Person’s Child Custody Case? Would Her Boss Let Her?

Anything is possible, but it is not likely that a recently licensed lawyer of only 6 months could handle an extremely wealthy person’s child custody case. Extremely wealthy people usually…

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How Can I Fight for Child Visitation and My Parental Rights Without a Lawyer in Utah?

No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…

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How to Deal with a Difficult and Dishonest Opposing Party (and his/her lawyer) in Utah Family Law Cases By Braxton Mounteer, Legal Assistant

When you're involved in a family law matter whether it's a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an…

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After Divorce, My Ex Uses Parental Controls to Spy on My Parenting Time. Can Tech Custody Agreements Exist?

Yes, they can. Not merely agreements, but binding and enforceable court orders can be made by the court to address such an issue too. They are hard to enforce (because…

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Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant

The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…

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My Husband Cheated on Me Multiple Times. We Don’t Have Any Children. I Want to File for Divorce and Seek Alimony. What Should I Do?

Find the best lawyer you can and start there; meet with a skilled, diligent, honest lawyer and find out about the divorce process, it’s benefits and detriments, its risks and…

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A Big Problem with Child Abuse and Parental Alienation Accusations in Family Court

I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…

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Nelson v. Nelson – 2025 UT App 43 – alimony, income, loan

2025 UT App 43 THE UTAH COURT OF APPEALS VICKI JO NELSON, Appellee, v. JAMES Q. NELSON, Appellant. Opinion No. 20230483-CA Filed March 27, 2025 Third District Court, Salt Lake…

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What Can a Father Do If, After the Divorce, the Mother, Who Has Custody of the Child, Turns the Child Against the Father?

What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…

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How Do You Get 3 House Valuations for a Divorce When Your Ex Has Remained Living in It?

A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…

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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…

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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…

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How Do You Combat a Narcissistic Husband Who Isolates Your Child During a Divorce?

Warning: my answer is blunt, and it is directed primarily at women/mothers who make (or contemplate making) false claims, but even if you are not making or contemplating making a…

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Should High-Profile Divorces Be Granted Extra Privacy Protections in Court, or Should All Divorce Proceedings Be Equally Transparent Regardless of Wealth and Status?

As soon as we start treating people differently, two things happen: 1) the idea of people being treated equally goes out the window and 2) everyone starts claiming, “My case…

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The Risk and Costs of Asking for a Deadline Extension in Your Divorce By Braxton Mounteer, Legal Assistant

If (or when) you find yourself in the midst of a divorce, you will likely feel like you're caught in a whirlwind of different forces pushing and pulling on you.…

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Is Filing an Uncontested Divorce an Admission of Fault by the Petitioner?

No. Merely filing for divorce is not an admission of fault by the petitioner. That stated, there is nothing that prevents a divorce petitioner from admitting fault in his/her petition…

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Should I Appeal My Family Law Case in Utah?

It is common for many to be dissatisfied with the results of their family law cases. No matter how hard they fought or how long they worked at it, sometimes…

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In re I.C. – 2025 UT App 37 – child abuse and neglect

In re I.C. - 2025 UT App 37 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.C., Appellant,…

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A Critical Analysis of Court-Ordered Mental Health Therapy in Utah Family Law

In family law proceedings, particularly those involving child custody disputes, courts frequently order parents and children to engage in mental health therapy. While the ostensible intent behind these orders is…

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Protecting Yourself Against Overcharges by a Divorce Lawyer By Braxton Mounteer, Legal Assistant

Divorce is stressful enough without the added burden of legal fees and worrying about them. So how do you know if you’re being overcharged by your divorce lawyer? Unclear or…

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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…

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Do Judges in Family Court Actions Have the Ability to Jail Parents Who Have Not Complied With Parts of the Custody Order for Contempt?

Do judges in family court actions have the ability to jail parents who have not complied with parts of the custody order for contempt? Yes. What are the limitations on…

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How Much Should You Interact with Your Divorce Lawyer? A Pragmatic Guide By Braxton Mounteer, Legal Assistant

Divorce confronts one with many complex issues, emotional strain, uncertain outcomes, and often gut-wrenching decisions. One question that most divorcing people do not consider when they retain the services of…

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What Should I Do if I Feel Like the County Family Court Judge as Well as My Lawyer Have Not Upheld My Legal Rights as a Parent?

This is a good question because the way you have posed the question reflects the problem many people have with the legal system. Your feeling may stem from the court…

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Reject the Contemporary Utah Custody Evaluation or PGAL Couse of Action: Record the Interviews of the Children Involved in Utah Child Custody Disputes

In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…

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