Don’t Let This Happen to You When Drafting a Legal Custody Child Custody Award
If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…
A Presumption of Equal Physical and Legal Child Custody Should Be the Norm
Most parents in Utah assume that when they separate or divorce, the court will start from a position of splitting custody evenly. That’s a reasonable assumption—shared parenting has become the…
Ross v. Kracht – 2025 UT 22 – Appeal of Termination of Parental Rights
Ross v. Kracht - 2025 UT 22 IN THE SUPREME COURT OF THE STATE OF UTAH JULIE ROSS and GERALD ROSS, Appellees, v. STEVEN KRACHT and DENIELLE KRACHT, Appellants. No. 20230389…
In re Adoption of B.C. – 2025 UT 23 – When Termination Can be Appealed
In re Adoption of B.C. - 2025 UT 23 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Adoptions of B.C., K.J.C., D.W.C., and B.C.,…
Do You Live in Salt Lake, Summit, or Tooele County and Are Being Denied Parent-time by a Non-compliant Co-parent?
Well, then, I have good news and bad news. Good news: you can file a motion with the court to seek relief. Bad news: prepare to wait a while before…
If the Other Parent Is Withholding Parent-Time, Can I Bypass Having to Deal With Him/Her and Pick Up Our Child After School Instead?
If the other parent of your child is withholding court-ordered visitation (often now called “parent-time”) with the child from you, can you solve this problem by circumventing/bypassing having to pick…
In re D.S. – 2025 UT 11 – termination of parental rights – standard of proof
This opinion is subject to revision before final publication in the Pacific Reporter In re D.S. - 2025 UT 11 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
What Are the Chances My Child’s Father Will Get 50/50 Custody in Utah if I Only Knew Him for a Few Months Before Getting Pregnant and He Was MIA Until He Was Ordered to Pay Child Support?
If you are a fit parent (not abusive, not neglectful, not suffering from any disability that renders you unable to provide the care and support the child needs, and can…
How Can I Fight for Child Visitation and My Parental Rights Without a Lawyer in Utah?
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
In re I.C. – 2025 UT App 37 – child abuse and neglect
In re I.C. - 2025 UT App 37 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF I.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.C., Appellant,…
A Critical Analysis of Court-Ordered Mental Health Therapy in Utah Family Law
In family law proceedings, particularly those involving child custody disputes, courts frequently order parents and children to engage in mental health therapy. While the ostensible intent behind these orders is…
When Contemplating Divorce, Advance Research, Analysis, and Planning Will Be a Tremendous Help to You, Your Family, and to Your Attorney
Several important provisions are frequently overlooked in divorce decrees, despite their significant impact on post-divorce life. If you are contemplating divorce, but have not considered these issues yet, thinking them…
What Should I Do if I Feel Like the County Family Court Judge as Well as My Lawyer Have Not Upheld My Legal Rights as a Parent?
This is a good question because the way you have posed the question reflects the problem many people have with the legal system. Your feeling may stem from the court…
How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
The Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant
Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…
The Prejudicial Impact of False Abuse Accusations on Husbands and Fathers in Utah Divorce and Custody Disputes
Child custody disputes between parents (whether in a divorce case or between unmarried parents) are among the most bitterly fought cases, as parents fight over the right to be integral…
In re Adoption of K.R.S. – 2024 UT App 165
In re Adoption of K.R.S. - 2024 UT App 165 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF K.R.S., A PERSON UNDER EIGHTEEN YEARS OF AGE.…
A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?
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…
In re J.M. – 2024 UT App 147 – Termination of Parental Rights
In re J.M. - 2024 UT App 147 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M., S.M., L.M., AND J.A.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.M., Appellant, V. STATE OF UTAH, Appellee. Opinion…
In re adoption of D.K.A.T. – 2024 UT App 145 – Contested Adoption
In re adoption of D.K.A.T. - 2024 UT App 145 THE UTAH COURT OF APPEALS In re adoption of D.K.A.T. - 2024 UT App 145 IN THE MATTER OF THE…
In re R.P. – 2024 UT App 106 – Appeal of Paternity Order
In re R.P. - 2024 UT App 106 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF R.P., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant,…
Can My Custody and Parent-Time Order Be”Redone” Because I Was a Vulnerable Adult (My Mental Health Was Suffering) at the Time the Orders of Child Custody and Parent-Time Were Made? I Didn’t Attend the Court Hearing (I Know), but the Entire Thing Unfair to Both the Children and Me.
There is a case in Utah that may almost precisely be on point for the circumstances you describe, Hogge v. Hogge, 649 P.2d 51, 54 (Supreme Court of Utah 1982). Here…
In re K.B – 2024 UT App 114 – Termination of Parental Rights
In re K.B - 2024 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.B., Appellant, v.…
2024 UT App 104 – In re B.D. – What is a dependent child?
2024 UT App 104 - In re B.D. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.D., A PERSON UNDER EIGHTEEN YEARS OF AGE. N.D., Appellant,…
What Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?
Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…
How Difficult Would It Be to Get Legal Custody Back After Willingly Giving 100% Legal Custody to My Child’s Mother?
In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…
In re A.H., 2024 UT 26 – Termination of Parental Rights
This opinion is subject to revision before final publication in the Pacific Reporter In re A.H. - 2024 UT 26 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
State v. Smith – 2024 UT App 82
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…
2024 UT App 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption
2024 UT App 91 – In re R.D. THE UTAH COURT OF APPEALS IN THE INTEREST OF R.D. AND Z.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant, v. N.J.…
Do You Lose Parental Rights Automatically When You Get Divorced if You Do Not File for Visitation or Custody?
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…
I Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?
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…
What Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.
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…
In re Adoption of P.P. – 2024 UT App 62 – ineffective assistance of counsel – adoption
In re Adoption of P.P. - 2024 UT App 62 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF P.P., A PERSON UNDER EIGHTEEN YEARS OF AGE.…
2024 UT App 52 – In re A.S. – child neglect, photographing genitals
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.…
What Are My Chances of Gaining Full or Primary Custody of My Child as a Father?
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…
2024 UT App 47 – In re K.J. – removal, shelter hearing
2024 UT App 47 – In re K.J. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.J., M.J., AND K.J., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
What Are the Odds That I Can Get Custody of My Daughter if I Have a Serious Criminal Record?
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…
Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
In re Adoption of J.E. – 2024 UT App 34 – termination of parental rights – adoption
In re Adoption of J.E. – 2024 UT App 34 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF J.E., E.E., AND L.E., PERSONS UNDER EIGHTEEN YEARS…
In re O.N. – 2024 UT App 27 – failure to sign notice of appeal
In re O.N. - 2024 UT App 27 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF O.N. AND R.N., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.D.,…
In re H.H. – 2024 UT App 25 – termination of parental rights
In re H.H. - 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H.…
What are the child custody factors that judges consider?
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
CPS Has Encouraged Parental Alienation Before My Parental Rights Have Been Taken, My Public Defender Has Not Been Representing Me the Way He Was Supposed to Be, but I Didn’t Know Until Now. What Can I Do?
There are plenty of things you can do (plenty of activity in which you can engage), but whether any of it will do any good is the question. The answer…
Is mom deemed to be unfit or unstable if she’s going to school to better her career for a better living for her two year old child while temporarily receiving unemployment benefits. Can mom still be granted joint custody with the other parent?
I am a divorce and family lawyer. I think you’d be hard-pressed to find a court anywhere in this country (USA) that would consider a mother temporarily receiving unemployment benefits…
H.B. 194
Another potential law up for consideration in the 2024 Utah legislative session is H.B. 194. This bill would, if passed, amend provisions relating to adoption and child placement by amending the…
House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”
Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…
H.B. 20 “Parental Rights Amendments”
Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session. H.B. 20 is entitled “Parental Rights Amendments” According…
A.W. v. Marelli – 2024 UT App 8 – infliction of emotional distress
A.W. v. Marelli - 2024 UT App 8 THE UTAH COURT OF APPEALS A.W., Appellant, v. MILLIE MARELLI, Appellee. Opinion No. 20220207-CA Filed January 19, 2024 Third District Court, Salt…
Family Law Legislation for the 2024 Utah State Legislative Session
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
Obstacles Fathers Face in Trying to Get Joint Custody of Their Children
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
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