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…
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…
QUESTION: My ex-wife tonight, in a fit of anger, told me that she is going to move to another state with our kids (her current boyfriend lives there). I’m not…
QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time.…
5 Things Divorce Will Never Save You From Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
QUESTION: I was wondering if a child goes to college but still lives with a parent, does child support still continue while child is in college? ANSWER: The Utah Code…
What options are there when a father is accused of domestic violence, but the charge seems to stem purely from a desire by the mother to have him out of…
Do you think the current divorce laws are biased against men? In my experienced opinion, yes (and I speak as one who represents both women and men in divorce where…
I wonder which state in the U.S. has the highest rate of awarding joint physical custody of children in divorce. Unfortunately, I wouldn't be the least bit surprised if Utah…
What are the chances of a ballot measure in CA for a rebuttable presumption that child custody should be 50/50 if both parents wish at least 50%? Slim. This isn’t…
NOTE: this will explain how to calculate Christmas break parent-time for any period, in any year (but we'll use 2017 as an example). QUESTION: I'm trying to figure out what day…
My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with…
Vanderzon v. Vanderzon - 2017 UT App 150 - August 17, 2017 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…
Christensen v. Christensen - 2017 UT App 120 - July 20, 2017 THE UTAH COURT OF APPEALS ELENA KAY CHRISTENSEN, Appellee, v. BRENT CHRISTENSEN, Appellant. Opinion No. 20150994-CA Filed July…
An old legal assistant of mine shared with me the old saw of "buy cheap, pay twice." My father-in-law introduced me to "jumping over dollars to pick up dimes." Then…
Can my ex force me not to pay for my child's college tuition, even though I can afford to pay it in full? My ex and I have a growing…
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…
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…
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:…