In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
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…
Currently in Utah, alimony, the Utah Code provides, at § 30-3-5(11)(a), which will, effective September 1, 2024, be renumbered as § 81-4-504(1), as follows: (11)(a) The court has continuing jurisdiction…
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…
My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…
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…
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…
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…
One of the arguments that some fathers make when they encounter the double standard applied to mothers and fathers in child custody disputes (resulting in a denial of equal legal…
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
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…
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…
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
You hear and read on attorney websites stuff like, “Navigating child custody arrangements during divorce can be challenging.” That’s not the half of it. Child custody disputes with an evil parent…
I think I know why you think it’s weird. Why have the children live with one parent instead both parents on an equal custody basis? In other words, “I’ll bear…
Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…
I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…
There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The…
There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…
2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…
What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…
Unless: there is a statute or court order that permits it; or this kind of statute or court order could be the kind that permits the temporary denial of contact…
That does not bode well for you, if in fact the child will be in the courtroom at the same time you and the judge assigned to your case are…
Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with…
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
I'm 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and…
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
Not merely for having a warrant out for your arrest, no. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311
Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…
The question was asked: In a study in 2012 proved many custody evaluators falsely believe most DV victims lied & alienated kids. So How do you prevent that evaluators report from…
The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…
Why do the courts give full custody to a parent who refuses to work but yet reduces custody of the working parent, saying they work too much? In the belief…
Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that…
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address. First, is there any legally permissible and practicable…
I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie…
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges…
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
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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