Why is it OK for a parent to be given custody without their kids’ consent?
Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all…
Does a spouse have the right to see a DUI report?
First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your…
Are family members allowed to be character witnesses in a divorce case?
Questions regarding one’s character as a spouse and parent often arise in a divorce and/or child custody case, and family members are often some of the best, if not the…
My spouse opens accounts in my name, forges my signature. How to stop it?
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
Why is the divorce rate so high in the United States?
Why is the divorce rate so high in the United States? Until now, I would answer this question by stating that some of the main reasons for the high divorce…
I have custody of my child. He’s refusing to come home. What now?
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.…
Child refuses to leave noncustodial parent’s house. What happens now?
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
I paid my ex in cash for child support. Will the court give me credit for it?
I paid my ex in cash for child support. Will the court give me credit for it? In Utah (where I practice family law), the answer is: yes. And while…
I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?
If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are…
What would happen if there were no alimony or splitting assets in divorce without kids?
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
Custody order says mother and child can’t leave the state. Is that legal?
If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another…
Father has 50/50 custody. Now ex is trying to take it away. What to do?
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
Who are the family law attorneys who offer services at a big discount?
With rare exception, the family law attorneys who offer services at a big discount are either 1) incompetent and inept attorneys or 2) attorneys whose source of income or main…
Did you ever go to court and realize for the judges and attorneys it’s kind of all a big game?
Yes, in my experience, there are aspects of the legal system and the practice of law that some lawyers and judges see and treat as a game. You see lawyers…
Does a spouse have the right to see a DUI report?
Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such…
If an ex uses illness to stop working, can she get more alimony?
If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than…
How do I console a father who has lost custody of his child?
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
Why is child support and alimony rooted in revenge, power, and humiliation?
Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: "Why is child support and alimony rooted in revenge, power, control, and humiliation over…
State v. Mason – 2021 UT App 41
State v. Mason - 2021 UT App 41 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. VON DEL MASON JR., Appellant. Opinion No. 20190618-CA Filed April 8, 2021…
Financial infidelity plagues many households, led by millennials
Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman's Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make…
Can a divorced spouse claim rights to a previous primary residence?
Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Can a divorced spouse claim rights to a premarital primary residence?
Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
If an ex uses illness to stop working, can she get more alimony?
If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than…
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,…
What would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits?
What would you do if your child's father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don't approve…
What are tips for parents sharing custody during COVID-19?
What are the different tips for parents sharing custody during this COVID-19? Best tip: don’t use COVID-19 as a pretext for withholding/preventing/sabotaging contact and care and communication between the children…
Can a mother lose custody even if the child is still very young?
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…
Judge says stay away from my paramour. Can judge do that?
Judge says stay away from my paramour. Can judge do that? I became pregnant by my paramour after my husband and I separated. The court order states we are not…
How can you go about child custody when the other parent only wants full custody for the child support benefits and barely is with the child?
How can you go about child custody when the other parent only wants full custody for the child support benefits and barely is with the child? If: you have proof…
How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”?
How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s "The Suitcase Kid"? The child certainly can be like the child (Andrea) from Jacqueline…
Being prepared for the parent who tries to interfere with vacations with your kids
Being prepared for the parent who tries to interfere with vacations with your kids Hi Eric, Every year I take the kids on a spring break trip, sometimes out of the country. It's been on the…
How long does it take a divorce to become final if one party is refusing the divorce?
How long does it take a divorce to become final if one party is refusing the divorce? It can take an amazingly, shockingly long time. One of the most frustrating…
Do prenuptial agreements make a wedding/marriage healthier?
Do prenuptial agreements make a wedding/marriage healthier? Make? In all cases? No. Can prenuptial agreements make a wedding and marriage healthier? It is conceivable that some people might find planning…
How do lawyers drag out court cases?
How do lawyers drag out court cases? In some respects, the ways are limited only by the power of one’s imagination, but the most common ways I have experienced in…
Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I need to pay him for this time. At this rate I my lawyer will become a secretary and I will be bankrupt.
Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I…
What policies and factors determine how child support is calculated?
What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation…
Why do I pay child support if we have joint custody and we both work?
I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question…
Why is my lawyer ignoring me?
Why is my lawyer ignoring me? There are many possible reasons. Lawyers are notorious for being hard to reach and for being unresponsive and nonresponsive. If you aren’t paying your…
Do parents who share joint equal custody pay child support?
Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of…
Why would a court/judge want the opposing parties to settle?
Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case.…
S.B. 122 just passed! So what? Joint equal physical custody.
S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender…
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…
In court cases, how does taking an oath make any difference?
In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before…
How can a uncontested divorce be considered a law suit? Does the court even get involved in that case?
How can a uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a…
Do you need a reason to get a divorce?
Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault”…
Allen v. Allen – 2021 UT App 20 – custody, alimony, child support
Allen v. Allen - 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No.…
What are marriages that are exempted from marriage license requirements?
What are marriages that are exempted from marriage license requirements? Technically speaking, the only marriage that could be considered “exempt” from a marriage license requirement (meaning free from the requirement…
What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option?
What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option? Is this a trick question? Correct me…
Why do lawyers get paid no matter the results?
Why do lawyers get paid no matter the results? Your question assumes a false fact. Lawyers are not always paid no matter the results. One example is a contingency fee…
Married a short time. He demands discovery going back years. Can he?
Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is…
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