In contemporary Utah divorce and child custody disputes, courts frequently order parents and children to participate in reunification therapy, family systems therapy, or other forms of therapy and counseling. While…
In your divorce case, you, your spouse (or other parent) and your children may be required to undergo a custody evaluation. The custody evaluation is governed by Utah Code of Judicial Administration Rule…
While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case. Understanding the basic timeline of a typical case in Utah…
There is not much you can do to deny a spouse a divorce, if one lives in the U.S. Spouses in the U.S. can file for and obtain a divorce…
Ideally, with overwhelming amounts of compelling, objectively verifiable evidence that 1) the mother is unfit to exercise custody of the child; and 2) you are fit to exercise custody of the child. Why overwhelming…
Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…
Many people believe that everyone bends the truth from time to time. While the typical “no, that dress does not make you look fat” white lie in your everyday interactions…
I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…
Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…
If there is no court order that addresses and controls the question of who can pick up or drop off the children in connection with custody and parent time exchanges,…
Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…
I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…
On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
Know this first: the best things to do are often easier said than done. That stated, they are not that hard to do, but many are not that appealing to…
2024 UT App 133 - Bountiful City v. Swenson THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellant, v. ROBERT TAKASHI SWENSON, Appellee. Opinion No. 20230430-CA Filed September 19, 2024 Second…
Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…
In Utah, a parent is not required to have a job and it's likely that a court cannot order a parent to get a job and earn money. If that parent…
Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…
People divorce for many different reasons, but regardless of the reason or reasons for seeking a divorce, the dissolution of a marriage and the breakup of a family usually causes…
Yes. Anyone who denies this fact is lying to you. This does not mean that fathers cannot get a fair shake in child custody cases; they can, but most fathers…
DIY litigation is difficult in almost every situation. Divorce and family law is no different. You will likely save time and money by hiring a good (a good) attorney in…
You’re asking the wrong question first. Your first question should not be, “How long should I wait before I file for a divorce?,” but “*Should* I even file for a…
“Speak your mind—even if your voice shakes. . . . When you least expect it, someone may actually listen to what you have to say.” — Maggie Kuhn I have…
In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…
If you were not fortunate enough to settle your divorce case on acceptable terms, you now or soon will likely find yourself preparing for trial. Trial will be the day(s)…
There are literally thousands of lists you can find online that do an excellent job of identifying the reasons accurately, clearly, and concisely. I recommend that you find them and…
During a divorce case, one parent or the other often claims that parental alienation or parental estrangement is occurring. Whether the claim is true does not stop these terms from…
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
Paragraph four of your financial declaration deals with your gross monthly income. Your gross monthly income is your income from all sources. This includes, your income from employment, your work,…
“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…
2024 UT App 84 - Corn v. Groce THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court,…
State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…
Make sure you understand the terms you and others may be using in asking and discussing this question. If you are a parent of minor children, and you are involved…
This question is literally asked on a daily basis. It comes up so often. But that means it’s a burning question. I’ll bet it has been answered literally at least…
An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…
Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…
I am not licensed as an attorney in Indiana, but I will give you my personal opinion (it’s not legal advice) as it applies to the law in the jurisdiction…
Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…
I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…
For lawyers and parents (and perhaps even commissioners and judges) who hate child custody determinations (temporary or otherwise) based upon proffer, I share this with you: This court has previously…
Have you ever heard that having a child will fix certain problems in marriage? That it will help bring a couple in a strained marriage closer together and thus fix,…
After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…
Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…
2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…
2024 UT App 52 - In re A.S. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S. AND J.S., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
2024 UT App 51 - Bailey v. Bailey THE UTAH COURT OF APPEALS AMY L. BAILEY, Appellee, v. DANNY RAY BAILEY, Appellant. Opinion No. 20220534-CA Filed April 11, 2024 Second…
First, you need ask a different question before you get to the question of a father’s chances of winning full or primary custody of children in divorce. The question should…
Without knowing more about your criminal record, I can still safely predict that having almost any kind of chronic or significant criminal record reduces your chances of being awarded custody…
Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…
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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