Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…

Continue ReadingPulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time

Nebeker v. Orton - 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District…

Continue ReadingNebeker v. Orton – 2019 UT App 23 – child custody and parent-time

If my spouse cheats, and we divorce will I get custody of my children?

In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No…

Continue ReadingIf my spouse cheats, and we divorce will I get custody of my children?

Nebeker v. Orton – 2019 UT App 23 – custody and parent-time

2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The…

Continue ReadingNebeker v. Orton – 2019 UT App 23 – custody and parent-time

Child Custody: what does it mean in divorce, and what factors determine who gets child custody?

One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who…

Continue ReadingChild Custody: what does it mean in divorce, and what factors determine who gets child custody?

A list of common, but very good, Utah divorce questions (with answers)

ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE…

Continue ReadingA list of common, but very good, Utah divorce questions (with answers)

How does custody of children work if the parents live in different states?

How does custody of children work if the parents live in different states? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law…

Continue ReadingHow does custody of children work if the parents live in different states?

What is the average cost of divorce, when child custody is contested?

How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see…

Continue ReadingWhat is the average cost of divorce, when child custody is contested?

Can I represent myself in a child custody dispute and win?

Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…

Continue ReadingCan I represent myself in a child custody dispute and win?

What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?

Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…

Continue ReadingWhat if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?

Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?

A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…

Continue ReadingCan a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?

Can a parent get custody of a child if he has a domestic violence protection order against him?

Can a parent get custody of a child if he has a domestic violence protection order against him? Nothing in Utah law prohibits a parent against whom a protective order…

Continue ReadingCan a parent get custody of a child if he has a domestic violence protection order against him?

Fit parents and their children deserve joint custody

As a matter of basic human rights and human nature, unless they are unfit then divorced and separated parents and their children deserve joint custody. "[A] parent's right to the…

Continue ReadingFit parents and their children deserve joint custody

What factors does a court consider when making a child custody determination?

What factors does a court consider when making a child custody determination? Here are the minimum factors the courts in Utah must consider in making a child custody award in divorce actions:…

Continue ReadingWhat factors does a court consider when making a child custody determination?

What are the rights of a husband who disagrees with his wife about what religious school their children attend?

What are the rights of a husband who disagrees with his wife about what religious school their children go to? I want to remove my kids from Catholic school and…

Continue ReadingWhat are the rights of a husband who disagrees with his wife about what religious school their children attend?

Can a Parent Pay No Child Support and Still Have Visitation and Parent-time Rights?

QUESTION: Dear Eric, My ex and I have been separated for a while now. He has not given us any money for child support. I am supporting my child and…

Continue ReadingCan a Parent Pay No Child Support and Still Have Visitation and Parent-time Rights?

Guide to Succeeding in Divorce While Reducing the Time and Costs

Contents If you are the victim of serious or escalating domestic violence, get help and get to safety first. 2 Advance Planning, If You Have That Option. 2 Gather in…

Continue ReadingGuide to Succeeding in Divorce While Reducing the Time and Costs

Some Truly Helpful Online Tools to Make Child Custody and Visitation (Parent-time) Easier to Manage

Let’s face it; sometimes it’s hard to communicate with your ex (or soon to be ex) about the kids. Feelings start to arise, and soon you are in another argument…

Continue ReadingSome Truly Helpful Online Tools to Make Child Custody and Visitation (Parent-time) Easier to Manage

Can I Seek an Award of Custody of My Child If I Am an Unwed Illegal Immigrant?

All biological parents have the right to petition for custody of their child or children whether they have ever been married to the other parent, or not. Additionally, all parents…

Continue ReadingCan I Seek an Award of Custody of My Child If I Am an Unwed Illegal Immigrant?

Bullet-Proofing Your Holiday Parent-time: Send Notice in Writing NOW

Bullet Proofing Your Holiday Time: Send Notice in Writing NOW Many divorced or single parents have issues with parent-time, not because they can’t use a calendar or make a plan,…

Continue ReadingBullet-Proofing Your Holiday Parent-time: Send Notice in Writing NOW