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…
Divorce is hard enough on spouses, but perhaps the most painful impact is on their children. The last thing you should do is create confusion, fear, and emotional scars in…
I get calls about this frequently from former and from brand new clients: it may have been half a year or more since the child custody case was resolved, either…
I decided to divorce my husband of 10 years after years of neglect and feeling unloved. We have a 6-year-old daughter. For the majority of our marriage I was always…
You’re asking the wrong question first. Your first question should not be, “How long should I wait before I file for a divorce?,” but “*Should* I even file for a…
“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…
Make sure you understand the terms you and others may be using in asking and discussing this question. If you are a parent of minor children, and you are involved…
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…
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…
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…
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…
That's a good question. One that I've wondered about myself, but I don't know of any such studies. That doesn't mean they don't exist, it's just that I don't know…
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…
Utah Code § 78A-2-705 provides that, “The court may appoint an attorney as a private attorney guardian ad litem to represent the best interests of the minor in any district…
Your question is not a good one because it’s based upon a false premise. Not all Americans believe that it’s better for all children for their parents to remain in…
Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just…
How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known…
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
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…
What kind of "damage" can an untreated single parent with BPD/shared custody/ cause to the kids in the long term? Plenty. Children of BPD parents often struggle with trusting others…
What is the best way for me to explain to my 3 daughters that the reason in which I am divorcing their Assistant Prosecutor stepmother is because I wouldn’t let…
If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The…
If you're separated and have 50/50 custody, how much vacation time away from your kid is appropriate? Too many variables to consider to give you an intelligent answer. How old is the…
Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that…
This is an example of a logical fallacy; specifically, begging the question. It assumes the conclusion in the premise It is not a given that disciplining a child is a…
No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The…
SAT scores? Come on, that’s getting too granular. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-does-divorce-and-child-abuse-affect-SAT-scores
First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of…
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…
Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly…
Author Bio: Cristin Howard runs Smart Parent Advice, a site that provides parenting advice for moms and dads. Cristin writes about all of the different ups and downs of parenting, provides solutions…
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 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 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 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. …
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 Zavala v. Zavala, 2016 UT App 6 Opinion…
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,…
Equitable distribution of property in Utah divorce, and what that means Different states divide marital property in different ways. Utah (and other states’) law applies the principle of equitable distribution…
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 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,…
"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…
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…
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…
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…
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 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…
Some people ask us if a step parent is obligated to support stepchildren financially during marriage or after a divorce. The short answer is no. Although most stepparents live with…
Divorce can be—and usually is—difficult and expensive, both financially and emotionally. Having minor children almost always increases both the financial and emotional toll of a divorce. How do you help…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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