In re D.S. – 2025 UT 11 – termination of parental rights – standard of proof
This opinion is subject to revision before final publication in the Pacific Reporter In re D.S. - 2025 UT 11 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
This opinion is subject to revision before final publication in the Pacific Reporter In re D.S. - 2025 UT 11 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
I cannot answer this question as it applies to all jurisdictions, but I can answer it as it applies to the jurisdiction where I practice family law (Utah): Merely because you are…
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
On October 31, 2024, the Utah Court of Appeals issued it opinion in the case of Lerman v. Lerman (2024 UT App 155). It is a decision Utah sorely needed for how to…
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
Here's a very, very short news report on the subject of when allegations of child abuse are countered with allegations of parental alienation: https://www.youtube.com/watch?v=44hJ8zWRrik I welcome sincere and rational comments…
You have to show that the trial court that made the child custody decision committed an appealable error. Many people believe that an appeal of a trial court’s decision is…
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
I cannot speak to what the law is and how it is applied in every jurisdiction, but I can answer this question on this topic as it applies to the…
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…
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…
My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good…
Divorce generally creates far more chaos in individual families than it alleviates, but sometimes a divorce is the best thing to happen to a family. But that’s like saying sometimes its good…
I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This…
I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn't want to take me to court to present my…
There are clearly circumstances that not only justify but may even necessitate a divorce. No one is bound to remain married too someone who threatens one’s life or physical safety with a…
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a…
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…
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 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…
2019 UT App 185 THE UTAH COURT OF APPEALS DARIO ARTHUR VELASQUEZ, Appellant, v. STACY L. CHAVEZ, Appellee. Opinion No. 20180451-CA Filed November 15, 2019 Third District Court, Salt Lake…
I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about.…
What do I do to gain shared custody of my now 13-year-old child? I do not have a current job (due to a medical problem), and I am living in…