We need more consistency in family law, more predictability. Divorce lawyers who know the law deserve commissioners and judges they can expect to be consistent and predictable. Cases with similar facts too rarely have similar outcomes because…
This post is the tenth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…
How is it possible that people go bankrupt during divorce in the USA? Isn't it a 50/50 split? It’s not “the divorce” that causes people to go bankrupt, it’s the…
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 during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My…
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…
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…
What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon…
2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department…
Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is…
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 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…
2020 UT App 141 - THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo…
QUESTIONS: Do I pay half of any child care costs my ex incurs? Or just work-related child care costs incurred? Are “occupational training”-related child care costs something I have to…
How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get…
The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past…
Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive? In a sense, yes, but not because of a finding that your spouse “verbally and…
What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent…
Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of…
Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually…
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…
“It’s pretty awful, but do you have a better alternative?” I was asked the following question in response to this answer I gave to a question on Quora.com: https://www.quora.com/What-are-some-dirty-secrets-a-lawyer-wishes-they-could-tell-us-but-can-t/answer/Eric-Johnson-311 Here…
Home Heartbreak: People Divulge the Home Details of Their Divorce (from Porch.com https://porch.com/resource/home-heartbreak) Life is full of transitions. We all remember moving out of our childhood home. For many of…
Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and…
How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when…
Who files for divorce more? Men or Women? Why? Women file more In the United State of America, although the percentages vary depending on the study, the research is unanimous in…
Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing…
Who initiates divorce more often? Husbands or wives? In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more…
For divorced parents: why isn't your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or…
When the fall school break parent-time period begins was a common question that the Utah State legislature addressed in the 2020 legislative session by making a clarifying change to the…
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are…
If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…
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…
2020 UT App 77 THE UTAH COURT OF APPEALS CARMELITA VOLK, Appellee, v. JOHN VECCHI, Appellant. Opinion No. 20180776-CA Filed May 14, 2020 Third District Court, West Jordan Department The…
Should We Keep Our Divorce Struggles a Secret from the Kids? If a couple conceals their arguments from their children and divorce 'amicably,' does that send a message to the…
Why does it seem like courts are against fathers when it comes to custody? Because while the courts are becoming less and less biased against fathers as time goes by,…
In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly…
Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs,…
What is the "right of first refusal"? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time "right of first…
I was divorced in 1987 and my ex has died. Is there any reason to keep my divorce papers? Yes. You may need them to prove your marriage for various…
Here's a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is…
Today's question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part…
“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week…
Do the family courts in the U.S. tend to favor the mother over the father? Generally, yes. The courts are slowly, but noticeably, becoming less biased in favor of mothers…
“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week…
How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question…
2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The…
I’m in an emotionally, verbally, and financially abusive relationship. Can an abusive father win custody even if they're not legally married? Anybody can do or get anything, if he/she tries…
Is it possible to be a stay-at-home mom to a young child after a divorce? Possible? Sure. Easy? No. Likely? No. What are the current options for being a stay-at-home…
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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