Kelly v. Johnson, 2025 UT App 175 – Child Custody and Relocation
Kelly v. Johnson - 2025 UT App 175 THE UTAH COURT OF APPEALS SHAYNE KELLY, Appellee, v. IRIS JOHNSON, Appellant. Opinion No. 20240857 Filed November 28, 2025 Second District Court,…
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…
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,…
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…
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…
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…
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,…
Who Has Custody of a Child if There Is No Court Order?
I can answer this question as the law applies in the jurisdiction where I practice divorce and family law (Utah), and you may find my answer useful in conducting the…
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…
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,…
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…
Family Law Legislation 2022 – Part 1
Family Law Legislation 2022 - Part 1 This blog post reviews four bills among new proposed legislation during the 2022 session of the Utah State Legislature that deal with divorce…
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…
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,…
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…
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?…
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…
If mom’s in jail, and dad never signed the birth certificate, who gets custody?
As a legal matter, whoever the court would deem to serve the best interest of the child. If the biological father could prove to the court that he is the…
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…
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…
Can a mother take a child from the father just because she chose not to marry him?
How do you feel that a mother can take a child from their father without any legal repercussion just because she chose to string along an engagement and never get…
Unpaid Child Support and the Unmarried Parent: How far back can a claim be made for it?
Unpaid Child Support and the Unmarried Parent: How far back can a claim be made for it? If you are an unmarried parent and haven’t paid child support for a…
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…
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…
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…
If unwed parents plan to get married, how can they terminate child support?
QUESTION: If the mother of my child and I get back together and plan to get married how can we terminate child support? ANSWER: In my opinion, the easiest, surest,…