What are the odds of a ballot measure for 50/50 custody?
What are the chances of a ballot measure in CA for a rebuttable presumption that child custody should be 50/50 if both parents wish at least 50%? Slim. This isn’t…
Is a Disabled Parent Prohibited from Being Awarded Custody of a Child?
QUESTION: Could my dad get custody of my sister and me when he's on disability/welfare? My mom has had sole custody since the divorce decree was first issued. My mom…
Bullet Proofing Your Summer Parent Time – Part 1 of 4 Series
BULLET PROOF ADVANCE NOTICE Note: This is the first of four blog postings on bullet proofing your summer parent time, that I’ll publish in as many weeks. You will want…
Bullet Proofing Your Summer Parent Time – Part 4 of 4
BULLET PROOF YOUR HEARING Note: This is the fourth of four blog postings that I’ll publish in as many weeks. You will want to read them all (and likely want…
Bullet Proofing Your Summer Parent Time – Part 2 of 4
BULLET PROOF YOUR REQUEST FOR COURT ASSISTANCE Note: This is the second of four blog postings that I’ll publish in as many weeks. You will want to read them all.…
Bullet Proofing Your Summer Parent Time – Part 3 of 4
BULLET PROOF YOUR MOTION YOU FILE WITH THE COURT AND YOUR ARGUMENT IN COURT Note: This is the third of four blog postings that I’ll publish in as many weeks. …
Custodial Interference and Writ of Assistance
One of the ways you can enforce your parent-time or custody rights is through a Writ of Assistance. You should know up front that most judges and court commissioners consider…
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala Zavala v. Zavala, 2016 UT App 6 Opinion…
Joint Legal Custody With “Tie-Breaking Authority” or “Final Say” Isn’t Joint Legal Custody
Joint Legal Custody With "Tie-Breaking Authority" or "Final Say" Isn't Joint Legal Custody So you’re sitting at your desk in your office when the IT guy walks in and says,…
What you need to know when a Guardian ad Litem is appointed
In many (too many, in my opinion) divorce and family law cases in Utah (and other states) an attorney is appointed to “represent the interests of the children.” This attorney…
Bullet-Proofing Your Holiday Parent-time: Send Notice in Writing NOW
Bullet Proofing Your Holiday Time: Send Notice in Writing NOW Many divorced or single parents have issues with parent-time, not because they can’t use a calendar or make a plan,…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 4 of 4)
"The fairest rules are those to which everyone would agree if they did not know how much power they would have.” — John Rawls Quarreling means trying to show that…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 3 of 4)
This blog post covers provisions that are not required by Utah law to be in a parenting plan but that you either are allowed to include in the parenting plan…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 2 of 4)
Every Utah parenting plan must contain the following minimum provisions: Provisions for resolution of future disputes between the parents. This means: A process for resolving disputes, unless precluded or limited by…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 1 of 4)
Utah Law requires that all joint legal and/or joint physical custody arrangements have a “parenting plan”. “Parenting plan”. It has a nice ring to it, doesn’t it? I mean who…
Battling Custodial Interference – Criminal Prosecution
So what can you do the battle custodial interference if local law enforcement and the city and county attorneys won’t? Check out our blog posting on motions for order to show…
Can Step-Parents Get Custody if a Child isn’t their Biological Child?
Can step-parents get custody or visitation of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just how…
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