Almost, but not yet. Until recently, it wasn’t just a cultural norm, but a legal principle that presumed during a child's "tender" years (generally regarded as the age of four…
Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is…
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.…
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…
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…
In re B.T.B. 2018 UT App 157 This is from an e-mail I received from the Utah Parental Defenders, a truly good organization that supports attorneys who represent parents when…
Are family courts biased against parents with diagnosed mental illness when deciding custody? Yes, they can be, under certain circumstances. A common tactic in child custody disputes is to accuse…
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…
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…
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?…
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…
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…
2018 UT App 17 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.R., A.R.C., AND N.R., PERSONS UNDER EIGHTEEN YEARS OF AGE. F.C., Appellant, STATE OF…
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,…
B.J. v. State of Utah - 2017 UT App 235 – December 29, 2017 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.J. AND A.J., PERSONS…
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…
In re A.J.B., 2018 UT App 5, January 5, 2018 2017 UT App 237 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.J.B., A PERSON UNDER…
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: 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.…
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…
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…
2017 UT App 227 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.A. AND C.A., PERSONS UNDER EIGHTEEN YEARS OF AGE. C.A., Appellant, STATE OF UTAH,…
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…
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…
In re J.S. - 2017 UT App 167 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant,…
If re P.F. - 2017 UT App 159 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.F., Appellant,…
In re A.R. 2017 UT App 154 - August 17, 2017 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R. AND M.R., PERSONS UNDER EIGHTEEN YEARS…
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…
This opinion is subject to revision before final publication in the Pacific Reporter In re K.T. 2017 UT 44 (August 8, 2017) IN THE SUPREME COURT OF THE STATE OF…
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.C., R.T., T.T., AND X.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.W., Appellant, v. STATE OF UTAH, Appellee.…
In re Z.J. - 2017 UT App 118 - July 20, 2017 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.J. AND Z.J., PERSONS UNDER EIGHTEEN…
In re A.B., Case No. 20170213-CA, Filed June 15, 2017, 2017 UT App 99 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B. AND A.R., PERSONS…
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…
In re P.B., Case No. 20170152-CA, Filed May 11, 2017, 2017 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.B. AND D.B., PERSONS…
In re K.G., Case No. 20170163-CA, Filed May 25, 2017, 2017 UT App 88 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.G. AND S.M., PERSONS…
In re X.C., Case No. 20170629-CA Filed Jun 29, 2017 - 2017 UT App 106 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF X.C.H., A PERSON…
In re A.C., Case No. 20170250-CA, Filed June 08, 2017, 2017 UT App 94 2017 UT App 94 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF…
What are the rights of a husband who disagrees with his wife about what religious school their children go to? I want to remove my kids from Catholic school and…
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time? If I'm an air traffic controller and…
What are the biases shown in family law? Every human bias imaginable can affect a family law case, but the ones that I find most common and most troubling are…
What advice do you have for a mother who is forced to share custody of a 13 year son with covert narcissist? The longer I practice the more I come…
Is it legal for the custodial parents to use child support money on themselves? This is a superb and a brave question. Here is my answer (for the State of…
How does joint custody of a child work? When non-lawyers think of joint custody, I get the impression that they think of it this way: The children live half the…
How long does it take to get a court order for child support? Eric Johnson, Attorney at Utah Family Law, LC https://www.quora.com/How-long-does-it-take-to-get-a-court-order-for-child-support/answer/Eric-Johnson-311 My answer is based upon Utah law because…
QUESTION: Could my dad get custody of my sister and me when he's on disability/welfare? My mom has had sole custody since the divorce decree was first issued. My mom…
QUESTION: Dear Eric, My ex and I have been separated for a while now. He has not given us any money for child support. I am supporting my child and…
Could a class action suit by divorced fathers who were unfairly denied custody of their children due to gender bias be successful in a state court? In my humble opinion,…
In re K.K. 2017 UT App 58 - Utah Court of Appeals STATE OF UTAH, IN THE INTEREST OF K.K., J.R.K., AND M.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. L.K.,…