Do you think it’s fair that Brad Pitt got joint custody of his kids?
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees
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…
Do courts make awards in divorce to “punish” adultery?
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
Ward v. McGarry – 2021 UT App 51
Ward v. McGarry - 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. …
When flawed thinking is tragic thinking (thank goodness)
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…
How to Explain to Your Kids You Are Getting Divorced (Guest Post)
Author Bio: Cristin Howard runs Smart Parent Advice, a site that provides parenting advice for moms and dads. Cristin writes about all of the different ups and downs of parenting, provides solutions…
Can I legally stop talking to my dad if he has custody (I live with my mom full time, but he’s still legally my parent as well)?
This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address. First, is there any legally permissible and practicable…
Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?
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…
What are the grounds for filing for a divorce in Utah?
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
Can I file for divorce and spousal support after being separated from my husband for 5 years?
This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don't need financial support from your…
How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?
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…
Can anyone find out which spouse filed for a divorce?
I cannot speak for all jurisdictions, but in the state of Utah (where I practice divorce and family law), if you know that a couple is divorcing or is divorced,…
In our society what shows that we value fathers as parents?
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…
Do you automatically lose your kid if CPS takes you to court?
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…
Can I get a stalking injunction against someone in a different state who stalks via social media?
How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon…
What is being a single parent without joint custody like in your country?
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…
What exactly does the term “will make best efforts” mean in a child custody case?
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…
Why should I pay child support if the other parent isn’t asking for it (and doesn’t need it)?
This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice…
After a divorce, should my kids be with me or with the mom?
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…
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It…
Why is it OK for a parent to be given custody without their kids’ consent?
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…
Do judges sometimes feel overburdened by the responsibilities of their job?
Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges…
Does a spouse have the right to see a DUI report?
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…
Are family members allowed to be character witnesses in a divorce case?
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…
My spouse opens accounts in my name, forges my signature. How to stop it?
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
Why is the divorce rate so high in the United States?
Why is the divorce rate so high in the United States? Until now, I would answer this question by stating that some of the main reasons for the high divorce…
I have custody of my child. He’s refusing to come home. What now?
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.…
Child refuses to leave noncustodial parent’s house. What happens now?
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 paid my ex in cash for child support. Will the court give me credit for it?
I paid my ex in cash for child support. Will the court give me credit for it? In Utah (where I practice family law), the answer is: yes. And while…
I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?
If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are…
What would happen if there were no alimony or splitting assets in divorce without kids?
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
Custody order says mother and child can’t leave the state. Is that legal?
If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another…
Father has 50/50 custody. Now ex is trying to take it away. What to do?
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…
Who are the family law attorneys who offer services at a big discount?
With rare exception, the family law attorneys who offer services at a big discount are either 1) incompetent and inept attorneys or 2) attorneys whose source of income or main…
Did you ever go to court and realize for the judges and attorneys it’s kind of all a big game?
Yes, in my experience, there are aspects of the legal system and the practice of law that some lawyers and judges see and treat as a game. You see lawyers…
Recent thoughts about family law
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…
Does a spouse have the right to see a DUI report?
Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such…
If an ex uses illness to stop working, can she get more alimony?
If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than…
How do I console a father who has lost custody of his child?
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…
Why is child support and alimony rooted in revenge, power, and humiliation?
Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: "Why is child support and alimony rooted in revenge, power, control, and humiliation over…
Financial infidelity plagues many households, led by millennials
Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman's Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make…
Can a divorced spouse claim rights to a previous primary residence?
Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Can a divorced spouse claim rights to a premarital primary residence?
Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
If an ex uses illness to stop working, can she get more alimony?
If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than…
Good news, for parents deserving of joint equal physical custody
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 would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits?
What would you do if your child's father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don't approve…
What are tips for parents sharing custody during COVID-19?
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?
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?
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…
How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”?
How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s "The Suitcase Kid"? The child certainly can be like the child (Andrea) from Jacqueline…
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