If you're divorced and you are, or your ex is, introducing a new boyfriend, girlfriend, or spouse into your minor children’s lives, you should seriously consider running a background check…
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…
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…
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…
Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…
One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…
See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…
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…
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
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…
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…
Equal physical custody should be awarded far, far more often than it is currently in Utah. There are so many situations in which we have two loving, fit parents who…
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…
Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…
Yes, it is advisable. You can’t go wrong by waiting to start dating until after your decree of divorce is issued by the court. Personally, I consider it immoral to…
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…
Preparing for a consultation with a divorce lawyer is an important step in understanding your rights and options. To make the most of your meeting, consider bringing the following: Provide…
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…
The goal of a successful 50-50 (equal) physical custody arrangement is that it work as seamlessly as possible for the children, both emotionally and logistically. Simply put, you know it’s…
Co-parenting successfully in an equal (50/50) legal and physical custody arrangement requires more than just dividing time. It calls for each parent fostering 1) a strong bond between the child…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
This is an extremely good question because I am amazed (as a divorce and family lawyer who has been in practice for 28 years) how divorcing couples and parents communicate…
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…
Divorce is hard enough on spouses, but perhaps the most painful impact is on their children. The last thing you should do is create confusion, fear, and emotional scars in…
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
There are many bills before the Utah Legislature during their 2025 session that I’m particularly interested in and that I am following. One of them is House Bill 33. HB…
I like this idea (House Bill 281) https://le.utah.gov/Session/2025/bills/static/HB0281.html Do you like it too? If not, I'd like to know why. Schools are being asked to provide services that have nothing…
Therapy in the context of this post means “mental health therapy”; meeting with a licensed talking with a psychologist, psychiatrist, or another mental health provider. This kind of therapy is…
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,…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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