Protecting Parental Rights: Why Sole Custody Shouldn’t Be the Default Response

A single mistake shouldn't cost a parent his or her relationship with his/her child. Yet too often, family courts award sole custody based on isolated incidents or "aberrant behavior" that…

Continue ReadingProtecting Parental Rights: Why Sole Custody Shouldn’t Be the Default Response

Can My Ex Legally Let a Sex Offender Be Around My Kids in Utah?

TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…

Continue ReadingCan My Ex Legally Let a Sex Offender Be Around My Kids in Utah?

Child Custody and the “Primary Caregiver” Scam

Of the Utah domestic relations commissioners and judges who treat fathers as second-class parents in making temporary and permanent custody and parent-time rulings, they practically gush about the standard for…

Continue ReadingChild Custody and the “Primary Caregiver” Scam

How to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…

Continue ReadingHow to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Sexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)

See Pusey v. Pusey, 728 P.2d 117, 121 (Utah 1986): ZIMMERMAN, Justice (concurring in the result): [I] also believe it is time to discontinue any hint of support for the notion of…

Continue ReadingSexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)

Do You Live in Salt Lake, Summit, or Tooele County and Are Being Denied Parent-time by a Non-compliant Co-parent?

Well, then, I have good news and bad news. Good news: you can file a motion with the court to seek relief. Bad news: prepare to wait a while before…

Continue ReadingDo You Live in Salt Lake, Summit, or Tooele County and Are Being Denied Parent-time by a Non-compliant Co-parent?

How to Handle Child Custody When the Mother Is Negatively Influencing the Child?

Do you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…

Continue ReadingHow to Handle Child Custody When the Mother Is Negatively Influencing the Child?

If the Other Parent Is Withholding Parent-Time, Can I Bypass Having to Deal With Him/Her and Pick Up Our Child After School Instead?

If the other parent of your child is withholding court-ordered visitation (often now called “parent-time”) with the child from you, can you solve this problem by circumventing/bypassing having to pick…

Continue ReadingIf the Other Parent Is Withholding Parent-Time, Can I Bypass Having to Deal With Him/Her and Pick Up Our Child After School Instead?

Do We Need More and Better Court Intervention in Domestic Relations Cases?

In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…

Continue ReadingDo We Need More and Better Court Intervention in Domestic Relations Cases?

No, Utah Law Does Not Presume that Physical Child Custody Will Be 50/50.

Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…

Continue ReadingNo, Utah Law Does Not Presume that Physical Child Custody Will Be 50/50.

A Family Law Attorney 6 Months Out of Law School Works as an Assistant to One of the Top Family Law Attorneys in the Country. Could This New Attorney Handle an Extremely Wealthy Person’s Child Custody Case? Would Her Boss Let Her?

Anything is possible, but it is not likely that a recently licensed lawyer of only 6 months could handle an extremely wealthy person’s child custody case. Extremely wealthy people usually…

Continue ReadingA Family Law Attorney 6 Months Out of Law School Works as an Assistant to One of the Top Family Law Attorneys in the Country. Could This New Attorney Handle an Extremely Wealthy Person’s Child Custody Case? Would Her Boss Let Her?

What Can a Father Do If, After the Divorce, the Mother, Who Has Custody of the Child, Turns the Child Against the Father?

What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…

Continue ReadingWhat Can a Father Do If, After the Divorce, the Mother, Who Has Custody of the Child, Turns the Child Against the Father?

If You Are Not Happy With the Current Child Custody Arrangement, Can You Change It?

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…

Continue ReadingIf You Are Not Happy With the Current Child Custody Arrangement, Can You Change It?

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?

A Critical Analysis of Court-Ordered Mental Health Therapy in Utah Family Law

In family law proceedings, particularly those involving child custody disputes, courts frequently order parents and children to engage in mental health therapy. While the ostensible intent behind these orders is…

Continue ReadingA Critical Analysis of Court-Ordered Mental Health Therapy in Utah Family Law

Reject the Contemporary Utah Custody Evaluation or PGAL Couse of Action: Record the Interviews of the Children Involved in Utah Child Custody Disputes

In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…

Continue ReadingReject the Contemporary Utah Custody Evaluation or PGAL Couse of Action: Record the Interviews of the Children Involved in Utah Child Custody Disputes

How Should Parents Document Communications During Custody Disputes?

Great, great question. First, fairly and accurately. Do not selectively cite the other parents communications with you and with others. If you do that, your credibility suffers. Second, relevantly. So…

Continue ReadingHow Should Parents Document Communications During Custody Disputes?

My Dad and I Want Changes to My Child Custody Orders. Dad Says It Will Be Months Before a New Order Can Be Written. Is That Right?

Probably. If your question is, “Does it take a long time to obtain a court order modifying a child custody award?,” the answer is, generally, “Yes.” I can't speak for…

Continue ReadingMy Dad and I Want Changes to My Child Custody Orders. Dad Says It Will Be Months Before a New Order Can Be Written. Is That Right?

It Tolls for Thee: The All Too Frequent Tragic Cost and Futility of Family Court

“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…

Continue ReadingIt Tolls for Thee: The All Too Frequent Tragic Cost and Futility of Family Court

How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?

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…

Continue ReadingHow Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?

A Better Approach to Acquiring Child Testimonial Evidence in Child Custody Disputes

In Utah child custody disputes, the voices of children are almost always filtered through court-appointed private guardians ad litem (PGALs) and/or custody evaluators. These intermediaries will claim to represent what…

Continue ReadingA Better Approach to Acquiring Child Testimonial Evidence in Child Custody Disputes

The Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant

Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…

Continue ReadingThe Pros and Cons of Having Your Spouse Investigated by a Private Investigator During a Divorce in Utah. By Braxton Mounteer, Legal Assistant

If you are losing a child custody case you should be winning (due to lack of representation and inability to show the judge the truth of the situation), how do you turn things around? is there a way to find out what the judge is thinking? A way to know if you’re changing the judge’s mind?

Most of the answer to your question lies in your question itself. If you should be winning the arguments in your case but are losing “due to lack of representation,”…

Continue ReadingIf you are losing a child custody case you should be winning (due to lack of representation and inability to show the judge the truth of the situation), how do you turn things around? is there a way to find out what the judge is thinking? A way to know if you’re changing the judge’s mind?

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

How Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?

Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…

Continue ReadingHow Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?

In re J.F. – 2024 UT App 178 – untimely appeal, lack of jurisduction

In re J.F. - 2024 UT App 178 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.S.F., Appellant,…

Continue ReadingIn re J.F. – 2024 UT App 178 – untimely appeal, lack of jurisduction

The Voice of Reason in a Discussion of Domestic Violence and Child Custody

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…

Continue ReadingThe Voice of Reason in a Discussion of Domestic Violence and Child Custody

Child Support in Utah

How is child support calculated in Utah? How long does child support last? How is child support enforced? How child support in Utah is calculated. I will explain it both…

Continue ReadingChild Support in Utah

Is There a Viable Alternative to a Custody Evaluation?

Do you find yourself involved in a child custody dispute (whether in a divorce case or a parentage/paternity action? If so, has your spouse or your attorney may have proposed…

Continue ReadingIs There a Viable Alternative to a Custody Evaluation?

Lerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…

Continue ReadingLerman v. Lerman – 2024 UT App 155 – Child Custody and Domestic Violence

Should You Sling Mud at Your Spouse at Any Phase of Your Divorce Case? By Braxton Mounteer, Legal Assistant

If you were not fortunate enough to settle your divorce case on acceptable terms, you now or soon will likely find yourself  preparing for trial. Trial will be the day(s)…

Continue ReadingShould You Sling Mud at Your Spouse at Any Phase of Your Divorce Case? By Braxton Mounteer, Legal Assistant

How Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?

Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…

Continue ReadingHow Do You Enforce Court Orders That Have Been Issued in a Utah Divorce Case or Child Custody Case?

What Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?

Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…

Continue ReadingWhat Do Judges Like and Not Like to Hear at Custody Hearings With High Conflict Parents Who Will Not Agree on Custody Terms?

Can’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?

My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…

Continue ReadingCan’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?

What do I have to do to modify the child custody and/or parent-time award?

“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…

Continue ReadingWhat do I have to do to modify the child custody and/or parent-time award?

I Want to Live with My Mom but I Have Shared Custody With My Dad. What Do I Do? Can I at 15?

This question is literally asked on a daily basis. It comes up so often. But that means it’s a burning question. I’ll bet it has been answered literally at least…

Continue ReadingI Want to Live with My Mom but I Have Shared Custody With My Dad. What Do I Do? Can I at 15?

Are You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant

An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…

Continue ReadingAre You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant

How Often Do Mothers Get Full Custody of Their Children After Divorce?

Always? No. Frequently? Yes. Usually. Yes. Whether they deserve it or not? Usually, yes. Are mothers awarded custody of children as much as they used to be a generation or…

Continue ReadingHow Often Do Mothers Get Full Custody of Their Children After Divorce?

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?

What Would I Have Done Differently If I Were In My Parents’ Shoes? By Braxton Mounteer, Legal Assistant

Like many people, I am a child of divorce. While I may not understand every reason why my parents chose to end their marriage (I was too young to understand…

Continue ReadingWhat Would I Have Done Differently If I Were In My Parents’ Shoes? By Braxton Mounteer, Legal Assistant

What Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?

Recently a Quora.com reader commented on my answer to this question: Is there a primary parent in joint custody in Utah which is also known as “equal” or “50/50” custody? They…

Continue ReadingWhat Do We Do When Equal (50/50) Physical Custody Is Awarded but One Parent Isn’t Bearing the Responsibilities Equal Custody Requires of That Parent?

What Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.

I can give you my personal opinion (not legal advice, but my personal opinion) from my perspective as a lawyer licensed in Utah and who practices divorce and family law…

Continue ReadingWhat Can I Do if My Ex Doesn’t Let My Daughter Come for My Parenting Time Which Is Summer? Our Divorce Is Not Finalized Yet.

What Are My Chances of Gaining Full or Primary Custody of My Child as a Father?

First, you need ask a different question before you get to the question of a father’s chances of winning full or primary custody of children in divorce. The question should…

Continue ReadingWhat Are My Chances of Gaining Full or Primary Custody of My Child as a Father?

What Are the Odds That I Can Get Custody of My Daughter if I Have a Serious Criminal Record?

Without knowing more about your criminal record, I can still safely predict that having almost any kind of chronic or significant criminal record reduces your chances of being awarded custody…

Continue ReadingWhat Are the Odds That I Can Get Custody of My Daughter if I Have a Serious Criminal Record?

Do Many Women Lie About DV in Divorce and Child Custody Court Cases?

Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…

Continue ReadingDo Many Women Lie About DV in Divorce and Child Custody Court Cases?

Mother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?

Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…

Continue ReadingMother Made False Accusations Against a Father to Win Custody and Had a Restraining Order Put in Place With No Evidence to Back Her Reason, Can This Be Overturned?

Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?

We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…

Continue ReadingHave You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?

Why won’t courts test competing custody and parent-time proposals during the pretrial phase of a case?

Do you want to know where the real money is most often made in divorce and family law cases? Child custody and parent-time disputes, hands down. Rarely do the parents…

Continue ReadingWhy won’t courts test competing custody and parent-time proposals during the pretrial phase of a case?

Blanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible

Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…

Continue ReadingBlanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible

My spouse is threatening to take the children away, but I’ve done nothing wrong. What can I do to protect them and me?

What do you do when your spouse threatens to walk out and take the children even though you have been an equal and contributing partner in the marriage? It is…

Continue ReadingMy spouse is threatening to take the children away, but I’ve done nothing wrong. What can I do to protect them and me?