Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees

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…

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What is the best way to get a 50/50 custody and visitation plan in family court?

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…

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In re B.T.B. 2018 UT App 157 – termination of parental rights and what is “strictly necessary”

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…

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Are family courts biased against parents with diagnosed mental illness when deciding custody?

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…

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What is the average cost of divorce, when child custody is contested?

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…

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If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children?

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…

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Why are women generally awarded child custody more often than men?

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?…

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What’s an effective course of action to address parental alienation?

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…

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Child Custody and Where the Children Attend School

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…

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What if I don’t want custody of my child post-divorce?

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…

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Why does the mom usually win custody of her kids in a divorce?

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,…

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K.P.S. v. E.J.P. – 2018 UT App 5 – Utah Court of Appeals – January 5, 2018

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…

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What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?

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…

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My ex just announced he’s taking the children during my parent-time.

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.…

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How can I call my 10-year-old as a witness to say where she would like to live?

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…

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Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?

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…

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In re J.A. – 2017 UT App 227 – termination of parental rights, constitutionality, evidence

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,…

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Do you think current divorce laws are biased against men?

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…

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Defending Yourself Against a Protective Order

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…

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In re J.S. – 2017 UT App 167 – termination of parental rights – sufficiency of evidence – constitutional rights

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,…

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Vanderzon v. Vanderzon – 2017 UT App 150 – August 17, 2017 – custody on relocation, alimony, and attorney fees

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…

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In re K.T. 2017 UT 44 (August 8, 2017) – standard of proof – child abuse

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…

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Fit parents and their children deserve joint custody

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…

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What are the rights of a husband who disagrees with his wife about what religious school their children attend?

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…

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What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time?

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…

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What are the biases shown in family law?

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…

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What advice do you have for a mother who is forced to share custody of a 13 year son with covert narcissist?

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…

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How long does it take to get a court order for child support?

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…

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Can a Parent Pay No Child Support and Still Have Visitation and Parent-time Rights?

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…

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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?

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,…

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