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…
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.…
“Best interest of the child” and a “material and substantial change of circumstances”
Doyle v. Doyle, 258 P.3d 553 (Utah Ct.App. 2011) 2011 UT 42m ¶ 38, “Even an overwhelming case for the best interest of the child could not compensate for a…
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…
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…
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…
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 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 is it difficult for a father to get child custody?
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
If a parent disappears for five years, what are his/her chances of winning child custody?
If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible…
My ex allows our children to watch TikTok. Is this grounds for seeking full custody?
My ex allows our children to watch TikTok. Is this grounds for seeking full custody? I forbade my child from watching TikTok because I worry it lowers IQ. However, my…
What happens after an affair when you have kids?
What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon…
Can an unmarried parent legally keep the other parent from the children without having gone to court?
Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is…
What happens after an affair when you have kids?
What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child…
Will my medical marijuana prescription adversely affect my child custody case?
If I have a prescription for marijuana, will this affect my custody case? I do not smoke in front of my child or have it around my child. Probably not,…
How can I choose which of my parents gets custody of me?
How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get…
Unique challenges for men and women face in divorce and child custody
The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past…
What does it take to get the court to award custody to the father?
What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent…
Can I refuse visitation when a non-custodial parent refuses to take a child to school?
Can I refuse visitation when a non-custodial parent refuses to take a child to school? In the jurisdiction where I practice divorce and family law (Utah), the answer is: Unless…
Does refusal to return a child after the weekend automatically give me custody?
Does refusal to return a child after the weekend automatically give me custody? My daughter's dad took her for the weekend and never brought her home it's been almost a…
Can a mother keeping the children from the father work against in custody litigation?
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
If you haven’t seen “Erasing Family” and you’re going through a child custody dispute
If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…
Do I have a chance in divorce court without a lawyer? Do I really need one?
A chance? Sure. You have a chance. And you have a chance of winning the lottery, just not a very good chance of it. You may not want to read…
Why does it seem like courts are against fathers when it comes to custody?
Why does it seem like courts are against fathers when it comes to custody? Because while the courts are becoming less and less biased against fathers as time goes by,…
What does a judge ask a child in a custody case?
In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly…
Is it advantageous to lie and sling mud at the other parent to win custody?
Today's question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part…
Can my ex use the panic over COVID-19 to withhold the kids from me?
“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week…
Do the family courts in the U.S. tend to favor the mother over the father?
Do the family courts in the U.S. tend to favor the mother over the father? Generally, yes. The courts are slowly, but noticeably, becoming less biased in favor of mothers…
I’m a year sober. Can my alcoholism hurt my child custody chances?
I'm an alcoholic who endured domestic violence in my marriage. My husband exploited my addiction when he wanted an excuse to replace me. Now he's trying to use it as…
If we agree on child support and custody, can the judge reject our agreement?
If my husband and I agree on child support and custody in mediation, can the judge reject our agreement? Yes. A judge is not obligated to approve of and adopt…
How many states favor mothers in child custody proceedings?
How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question…
Can an abusive father win custody even if they’re not legally married?
I’m in an emotionally, verbally, and financially abusive relationship. Can an abusive father win custody even if they're not legally married? Anybody can do or get anything, if he/she tries…
Divorcing parents in psychiatric care deny thoughts of self-harm?
Do parents in psychiatric care deny thoughts of self-harm for fear admitting it may impact custody? Is it common for a parent in psychiatric care to make false denials of thoughts…
Should all the kids stay with one parent after a divorce? Why or why not?
I am a divorce and family lawyer. I have been for 23 years. It is impossible to come up with a blanket policy for all children of all parents in…
Were Amber Alerts created as a way to solve family custody disputes?
No, not at all. One of the absolute worst ways to address, much less resolve, family custody disputes is seeking an Amber alert. Indeed, making Amber alert reports over child…
Best way to handle a child custody dispute with a mentally ill ex?
After procuring an attorney for the matter, what is the best way to prepare for an upcoming child custody dispute with a PBPD ex? I am amazed at the number…
How is the custody going to work after separation?
After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation?…
Why don’t the police help more with custody and parent-time enforcement?
In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes…
Are bedbugs a basis for modifying child custody or parent-time?
If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent…
Can children choose with which parent they will live?
How much input do you let your child have in deciding who they're going to live with or which parent they'll be spending more time with? This is a question…
Do women get sole or primary custody of children by default?
How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn't it make more sense to have 50/50…
Child Custody, Utah Code Section 30-3-10, and medical cannabis
Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10…
If my spouse cheats, and we divorce will I get custody of my children?
In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No…
What’s the best way to decide who takes the children when a couple splits?
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.…
Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker
2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…
Computer and Online Evidence in Divorce and Child Custody Cases
I learned from this article (see the link below) a few things I didn't know about computer and online evidence in divorce and child custody cases. You'd be wise to read…
Can a stepparent get custody of a stepchild, if the biological/adoptive parent’s parental rights are terminated?
Question: If a child's parents were to lose custody of him, and the only family member left was the stepparent's family (not legally related), would the stepparent(s) get the child?…
At what age can children decide which parent they want to live with?
It’s largely a matter of age and size/strength or resourcefulness. Technically a child never legally has the power to choose with which parent he/she will live (the only person with…
What useful things can Jeff Bezos’s divorce can teach us
Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances…
Marijuana and Child Custody Still Don’t Mix in Utah, You Fools! Ignore This at Your Peril!
No matter what you're told, marijuana use is STILL ILLEGAL in this state. Illegal use of street drugs, including but not limited to marijuana, can and surely will be used…
