Would you want to groom your children to become lawyers?
Would you enlist your children into a pre-law school program which grooms them to become top notch lawyers? No. I have gone in the opposite direction. I have told my…
Would you enlist your children into a pre-law school program which grooms them to become top notch lawyers? No. I have gone in the opposite direction. I have told my…
In re J.P. - 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS…
Divorce generally creates far more chaos in individual families than it alleviates, but sometimes a divorce is the best thing to happen to a family. But that’s like saying sometimes its good…
2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF…
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…
I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This…
Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January…
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…
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…
Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course. How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship…
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
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…
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…
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
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…
Thomas v. Thomas - 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021…
2020 UT App 171 - Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington…
Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first…
There is nothing a GAL could learn how to do that a judge cannot also learn how to do equally well. This post is the ninth in series of 15…
What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My…
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…
This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…
Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…
Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If…
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…
Can a parent legally keep the other parent from the children? Can a parent (married or unmarried) legally keep the other parent from the children without having gone to court?…
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…
Why do kids think it's their fault when their parents divorce? Among the things little children believe is that the world reacts to them, exists and functions because of them.…
Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually…
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
Home Heartbreak: People Divulge the Home Details of Their Divorce (from Porch.com https://porch.com/resource/home-heartbreak) Life is full of transitions. We all remember moving out of our childhood home. For many of…
"Do you think a child would deal better with constantly fighting parents or divorced parents?" I have been asked to answer this question, but as a divorce lawyer (not someone…
Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing…
Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing…
Should We Keep Our Divorce Struggles a Secret from the Kids? If a couple conceals their arguments from their children and divorce 'amicably,' does that send a message to the…
What is the "right of first refusal"? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time "right of first…
If parental rights are terminated for the mother but not the father and they are still married with the children also living at home can the mother remain in the…
I presume this question pertains to an adult child. Homelessness is not the most important thing in one’s life. Self-reliance and basic dignity are more important to the adult child…
Unless the court orders otherwise (and I have yet, after 22 years in practice, to see a court order otherwise), if you lose your job, you still have to pay…
Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs and the needs of their family, instead of…
For others reading this answer to your question who do not know what a “baby prenup” is, let me first describe it: What a “baby prenup” is not A “baby prenup”…
Set an example of being a conscientious law-abiding citizen yourself. “Do as I say, not as I do” is not the way to set a good example. Read “Sermons We…
Can child protective services take your kids for missing two dental appointments? Yes (and well they should), if the dental appointments are necessary to protect the child from disfigurement, from…
Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…
Not simply because of an affair, no. It is certainly understandable if one desires to divorce a spouse who has committed adultery. The law understands this as well, which is…
Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is…
If that happens, then we will then have taken another step—and a big one—on the road to hell. Although the old joke, “the leading cause of divorce is marriage” may…
The answer to your question lies, in part, in the question itself. The dictionary defines narcissism as “selfishness, involving a sense of entitlement, a lack of empathy, and a need…