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…

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2024 UT App 169 – Ward v. McGarry – imputation of income

2024 UT App 169 - Ward v. McGarry THE UTAH COURT OF APPEALS SARA WARD, Appellant, v. MEREDITH MCGARRY, Appellee. Opinion No. 20230365-CA Filed November 15, 2024 Third District Court,…

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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…

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What Good Parents Need to Know About Child Custody Disputes with an Evil Parent

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…

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I have a family court hearing coming up on the 25th. How do I create a proposed visitation plan to the judges? How will our work schedules play into this? I’m the non-custodial parent.

Your question is too vague to understand and answer. You need to consult with an attorney in your jurisdiction to get the correct answers to your questions (both the questions…

Continue ReadingI have a family court hearing coming up on the 25th. How do I create a proposed visitation plan to the judges? How will our work schedules play into this? I’m the non-custodial parent.

Blake v. Smith – 2023 UT App 78 – child custody, child support

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,…

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When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if…

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In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH,…

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Widdison v. Widdison – 2022 UT App 46 – custody modification

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…

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After a divorce, should my kids be with me or with the mom?

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…

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Good news, for parents deserving of joint equal physical custody

Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…

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S.B. 122 passes, despite opposition from the State Bar Family Law Section.

S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section's stated opposition to the first iteration of S.B. 122 and…

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Why does someone need an attorney when they can just defend themselves in court?

Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…

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2019 UT 72 – Utah Supreme Court – Hinkle v. Jacobsen – standing to establish paternity

This opinion is subject to revision before final publication in the Pacific Reporter 2019 UT 72 - Utah Supreme Court - Hinkle v. Jacobsen THERESA I. HINKLE, Appellee, v. KOREY…

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Morality Clause: Can Include One in My Decree of Divorce?

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…

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When a couple have children outside wedlock, what happens financially to mom when daddy finds a new girlfriend?

In Utah, where I practice family law, there are no laws governing an unmarried father’s obligations to a child born out of wedlock. So regardless of whether the father has…

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What are the odds of a ballot measure for 50/50 custody?

What are the chances of a ballot measure in CA for a rebuttable presumption that child custody should be 50/50 if both parents wish at least 50%? Slim. This isn’t…

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Christmas Break Parent-time 2017 – how it works

NOTE: this will explain how to calculate Christmas break parent-time for any period, in any year (but we'll use 2017 as an example). QUESTION: I'm trying to figure out what day…

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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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