Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably.…
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question:…
Do you think fathers should have the right to 50/50 split custody from birth, even if mom is breastfeeding and the separation will likely affect her ability to do so…
Parent-Time During the Holiday Season 2018 The holiday season is upon us, and many divorced and single parents need to prepare and plan for your holiday season parent-time this time…
2018 UT App 195 The Utah Court of Appeals JULIE ANN DOLE, Appellee, v. CHRISTOPHER PATTON DOLE, Appellant. Opinion No. 20160702-CA Filed October 12, 2018 Third District Court, Salt Lake…
2018 UT App 196 The Utah Court of Appeals DONOVAN TODD STEPHENS, Appellee and Cross-appellant, v. BRIDGET NICOLE STEPHENS, Appellant and Cross-appellee. Opinion No. 20170440-CA Filed October 12, 2018 Third…
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…
Utah divorce and child custody award – statutory factors the court must consider (based upon Utah Code § 30-3-10, § 30-3-10.2, and UCJA 4-903) SUMMARY OF THE FACTORS: the past…
Erickson v. Erickson - 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
My parents got divorced when I was 3. I’m currently 14. My mom has full custody of me, but I want to live with my dad full time in Denver,…
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…
There are many, many factors the judge will consider. I’ll list them. First and foremost is: distance between the parents. If the parents don’t live close enough to each other…
If a divorced parent doesn’t want visitation rights (i.e. doesn’t want to see his/her child), is that legal, or would the court order the unwilling parent to have visits? This…
Why does my ex-husband believe the child support he pays is used to pay for our vacation? That money doesn’t even pay 1/4 of our rent. Two reasons: 1) because…
Child Support: does a father with joint custody who lost his job have the right to claim child support, if the mother is employed? My answer applies for the State…
Are divorce courts biased towards either gender? In my educated and experienced opinion, yes, in most (not all) cases. It’s not usually motivated by animus toward men or women (although…
What is child custody? In America, do women get custody of a baby? “Child custody” is defined in Black's Law Dictionary (10th ed. 2014) as follows: 2. Family law. The…
2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan…
Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who…
QUESTION: What can I file in court for custodial interference? Is it just a matter of filing a motion for order to show cause? Or is there more to it?…
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…
Child Custody: How do courts provide for parents to take care of their children after divorce? When parents divorce, one of the biggest potential conflicts is the question of child…
What was it like to lose your siblings during a divorce? I am a divorce lawyer, but neither I nor my parents ever divorced. I do not know personally what…
If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children? In my opinion, 9.5 times out of 10 the…
What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…
Look, I love you, brother, but this isn’t really a question, it’s a lame lament, and I will show you why. First, there are plenty of horrible lawyers out there…
QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…
National Parents Organization Celebrates Landmark Kentucky Shared Parenting Law NATIONAL PARENTS ORGANIZATION | PRESS RELEASE April 26, 2018 NATIONAL PARENTS ORGANIZATION CELEBRATES LANDMARK KENTUCKY SHARED PARENTING LAW With Governor Bevin’s…
Who has more rights to claim the custody of their child after divorce, a mother or father? The answer the legal profession wants you to believe and that the law…
Should I feel "guilty" and "ashamed" because a “friend of the court” determined my soon to be ex-wife should pay me child support as part of the divorce settlement? It…
How could a mother or a father claim a child's custody? Custody is not something a parent usually “claims”. Biological parents of child already legally have custody of their children.…
Do any women have to pay child support? Not only she can women pay child support, if the couple are divorced or the court adjudicates child custody in a parentage…
Why you should settle the issue of child custody out of court, if you reasonably can: Shuman v. Shuman, 406 P.3d 258, ¶ 10, 2017 UT App 192: We are,…
This is from part of an e-mail that I received from Richard Jacobs. He helps attorneys with their marketing. I like much of Richard's approach because, like me, he doesn't…
If I petition to modify the child support award, how far back does the modification go? Utah does allow for child support modification. The answer is found in Utah Code §…
Do experts help in divorce cases? Specifically custody evaluators? That depends on how you define “help,” and if you define “help” as “dramatically improve your chances of success,” then generally…
What would be an effective course of action to address parental alienation? Is there an area of law that intervenes in these cases? First, I’ll tell one of the most ineffective courses…
The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes? Here’s the answer as it applies under Utah…
What happens if a non-custodial parent habitually brings a son back days late from a visitation, resulting in unexcused absences from school (kindergarten)? Am I responsible for the truancy? The…
How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…
In which developed country is there equal rights for moms and dads in child custody cases? What an astute question (whether you realize it fully). I live in the United…
QUESTION: I was looking into child support laws, I am confused about how involuntary vs. voluntary unemployment or under-employment affects the child support obligation. If a non-custodial parent wants to…
Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…
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…
What happens if a child does not sleep in another room? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is…
Some people are hesitant, even scared, to talk to a divorce lawyer or a family lawyer. But being nervous or afraid of making a mistake is normal. And wise. Hiring…
What if I don't want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of…
Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
Way too many mediators (whether of the collaborative stripe or other persuasion) insinuate that 1) divorce without mediation is doomed to anger and misery; and 2) merely engaging in mediation…
2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul…