Can a mother lose custody even if the child is still very young?
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…
What policies and factors determine how child support is calculated?
What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation…
Do lawyers ever regret helping a client or obtaining a particular judgment?
Do lawyers ever regret helping a client or obtaining a particular judgment? Yes, yes, of course. We all know that there are plenty of lawyers who will prostitute their professional skills for money…
S.B. 122 just passed! So what? Joint equal physical custody.
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…
In court cases, how does taking an oath make any difference?
In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before…
Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19?
Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild…
Married a short time. He demands discovery going back years. Can he?
Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is…
Why is it difficult for a father to get child custody?
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…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
If I can’t find an attorney, can it honestly be said I got a fair trial?
If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…
Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?
Are there laws that protect one parent from being a victim of the other parent's continuous reporting, through the other parent's attorney, about violations of a restraining order that are…
Are older lawyers better?
Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to…
GAL recommendations are nowhere close to being the best way
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…
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?
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 about parental alienation?
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?
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…
How do I fight a DUI without a lawyer?
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…
My attorney just dropped me. What do I do now?
My attorney just dropped me. What do I do now? My attorney in a civil matter dropped me and I just found out yesterday that I have 21 days to…
Utah Divorce Case Timeline Summary
Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…
Why do pro se litigants fail so often?
Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit,…
What advice would you give me before divorce, if I’m not in the wrong?
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
Why do people need legal advisors if all the laws can be found on the Internet?
Why do people need legal advisors (I'm not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear:…
How do courts view mothers who abandon their family during a divorce?
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
Why are so many Latin terms used in legal (English)?
Why are so many Latin terms used in legal (English)? Law is (or was) a learned profession and before information and education was available to everyone, the language of the…
What do you think about Senator McConnell telling judges appointed by Reagan, Bush I, and Bush II to consider retiring now so Trump can appoint their replacements?
What do you think about Senator Mitch McConnell telling Reagan, Bush I, & Bush II appointed federal judges to consider retiring now so Trump can appoint younger judges to the…
How can we change the court system in order to make divorces easier on the children?
How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…
As a lawyer, do you believe you trust the judicial system more or less than the average Joe?
As a lawyer, do you believe you trust the judicial system more or less than the average Joe? This is about the legal system as a whole, not just the…
Competence over Diversity
Imagine you needed heart surgery. Imagine also that you were told that among the factors that decided what surgeons you could choose from was “diversity”. And not a diversity of…
If losers pay winners’ attorney fees, why not hire the most expensive attorney?
If the losing side in a civil suit generally pays the winner's attorney's fees, why doesn't everyone hire the most expensive attorneys? First, because the U.S. generally does not follow…
The bitter truth is better than the sweetest lie.
The bitter truth is better than the sweetest lie. It was recently reported that a California judge has been censured after commenting on “smoking hot” women, proclaiming that he had…
What happens if you get caught lying in family court?
I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how…
Why, when a lawyer lies in court, does the court often ignore the lie knowingly?
One possible reason why, when a lawyer lies in court, the court may ignores the lie knowingly: the judge knows the lawyer is lying, but knows that the lie won’t…
Why is it common for the custodial parent to villainize the ex to their child?
I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable?
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her…
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