Is It Possible to Divorce With Dignity?

Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…

Continue ReadingIs It Possible to Divorce With Dignity?

How Can an Unfair Child Custody Arrangement Be Corrected in Utah?

It depends on how you reached this point, and how much time, if any, you have to fix it. If circumstances relevant to the child custody award have materially and…

Continue ReadingHow Can an Unfair Child Custody Arrangement Be Corrected in Utah?

Is Therapy Necessary in Utah Divorce?: What You Should Consider

Therapy in the context of this post means “mental health therapy”; meeting with a licensed talking with a psychologist, psychiatrist, or another mental health provider. This kind of therapy is…

Continue ReadingIs Therapy Necessary in Utah Divorce?: What You Should Consider

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…

Continue ReadingThe Prejudicial Impact of False Abuse Accusations on Husbands and Fathers in Utah Divorce and Custody Disputes

I Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?

I am not licensed as an attorney in Indiana, but I will give you my personal opinion (it’s not legal advice) as it applies to the law in the jurisdiction…

Continue ReadingI Live in Indianapolis, Indiana, I Have a Son at 17 Years Old. I Have Visitation Legal Custody. He Has Him Run Away. What Do I Do?

In re H.H. – 2024 UT App 25 – termination of parental rights

In re H.H. - 2024 UT App 25 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.H. AND N.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.H.…

Continue ReadingIn re H.H. – 2024 UT App 25 – termination of parental rights

In re Adoption of M.A. – 2024 UT 6 – petition to unseal adoption records – good cause

In re Adoption of M.A. - 2024 UT 6 This opinion is subject to revision before final publication in the Pacific Reporter 2024 UT 6 IN THE SUPREME COURT OF…

Continue ReadingIn re Adoption of M.A. – 2024 UT 6 – petition to unseal adoption records – good cause

What are the child custody factors that judges consider?

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…

Continue ReadingWhat are the child custody factors that judges consider?

Is There Any Realistic Way to Prevent Misappropriating Child Support Funds?

This is a subject that comes up frequently. It comes up frequently not because misappropriating child support is a hard problem to mitigate but because the courts don’t have the…

Continue ReadingIs There Any Realistic Way to Prevent Misappropriating Child Support Funds?

Does it not feel weird to anyone that a parent who does not get child custody has to pay child support to the other parent who is enjoying the kids?

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…

Continue ReadingDoes it not feel weird to anyone that a parent who does not get child custody has to pay child support to the other parent who is enjoying the kids?

What Is the Point of Granting Divorced Parents Joint Custody and Splitting Parenting Time? Isn’t It the Idea That the Children Benefit From Having Two Parents? Isn’t That True Only So Long as Both Parents Are Positive Influences and Not Criminals?

You pose two very good questions, and there are very good answers to each of them. Question 1) What is the point of granting divorced parents joint custody and splitting…

Continue ReadingWhat Is the Point of Granting Divorced Parents Joint Custody and Splitting Parenting Time? Isn’t It the Idea That the Children Benefit From Having Two Parents? Isn’t That True Only So Long as Both Parents Are Positive Influences and Not Criminals?

Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On…

Continue ReadingKingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

My children’s father is a bum. Can he get 50/50 custody awarded?

The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%?…

Continue ReadingMy children’s father is a bum. Can he get 50/50 custody awarded?

What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced?  First, it is not necessarily a given that a…

Continue ReadingWhat can you do if your ex-husband does not want to pay school fees?

Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…

Continue ReadingHorne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12  IN THE SUPREME COURT OF THE STATE OF UTAH  STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age  J.L. and…

Continue ReadingIn re J.L… 2022 UT 12 – termination of parental rights

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…

Continue ReadingChild refuses to leave noncustodial parent’s house. What happens now?

New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

New laws from 2019 Utah Legislative Session - Section 30-3-34 - "best parent"? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the…

Continue ReadingNew laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?

In re B.T.B. 2018 UT App 157 – termination of parental rights and what is “strictly necessary”

In re B.T.B. 2018 UT App 157 This is from an e-mail I received from the Utah Parental Defenders, a truly good organization that supports attorneys who represent parents when…

Continue ReadingIn re B.T.B. 2018 UT App 157 – termination of parental rights and what is “strictly necessary”