"Why hasn't your son been to his father's home since March?" "He's sixteen. I can't make him." Sometimes that answer is true. Sometimes it's the end of a long, ugly…
State v. Hansen - 2025 UT App 121 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, v. STEPHANIE HANSEN,Appellant. Opinion No. 20220178-CA Filed August 14, 2025 Fourth District Court, Provo…
The key is that both parents place the child’s best interest above any bad blood between them; children are more likely to feel secure, loved, and emotionally connected to both…
Children's perspectives on shared custody arrangements (equal physical custody being one such arrangement) are complex and nuanced, seeing both benefits and challenges to them. Here is what children typically report about…
Simply put, normal children of divorced or separated parents want their parents: not to make custody a turf war. Honor your children’s right to a strong loving and trusting, relationship…
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
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…
In re K.M. - 2025 UT App 17 Oral argument (Utah Court of Appeals archive): https://youtu.be/e8OUzlARvZk THE UTAH COURT OF APPEALS IN THE INTEREST OF K.M., A PERSON UNDER EIGHTEEN…
Ideally, with overwhelming amounts of compelling, objectively verifiable evidence that 1) the mother is unfit to exercise custody of the child; and 2) you are fit to exercise custody of the child. Why overwhelming…
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…
Know this first: the best things to do are often easier said than done. That stated, they are not that hard to do, but many are not that appealing to…
Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…
In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
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…
The bifurcated inquiry required by Utah law in custody modifications cases where the court must consider whether “there has been a substantial and material change in the circumstances upon which”…
After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…
Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…
2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…
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…
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…
One of the arguments that some fathers make when they encounter the double standard applied to mothers and fathers in child custody disputes (resulting in a denial of equal legal…
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…
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…
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
What do I do If custody order says visitation is from 4 - 8 meeting at police station when there is no school but if there is school that day…
There are plenty of things you can do (plenty of activity in which you can engage), but whether any of it will do any good is the question. The answer…
Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…
Hard truths incoming. When dealing with a co-parent who is afflicted with a personality disorder, do these things, and do them all at the same time: 1) Examine your own…
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
I can’t speak for all jurisdictions, but in the jurisdiction where I practice divorce and family law (Utah), child support awards are generally, in my opinion, 1) too high, 2)…
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
Before you read another word, know this: the answer in these situations is, “It depends on many and varying factors.” Nobody likes that kind of answer, but it’s the truth…
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…
I think I know why you think it’s weird. Why have the children live with one parent instead both parents on an equal custody basis? In other words, “I’ll bear…
In re A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…
There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…
Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring…
Adoptive parents cannot lose custody of the children they adopted merely because they divorce. The children of adoptive parents are treated no differently in divorce than children who are issue…
Generally, yes, although the gratuitous (and sexually discriminatory) practice of indulging a default preference for the mother has steadily weakened substantially over the last 40 years and counting. More and…
There are many ways one might interpret what your question is. If you are asking whether a child of divorced parents has, as a result of the divorce, more or…
Unless a statute, court rule, or court order provides otherwise, yes (you will want to ensure you consult the governing law for your particular jurisdiction). That power to travel out…
Do abusive parents get sole custody of their children, even when their children don’t want them to have it? If the children want to stay with a relative who can…
I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…
I will answer this question as a general matter in the context of Utah law because I practice divorce and family law (and thus I deal with child custody disputes…
It is possible, but not a given. Why? If the court determines that the circumstances under which you were a crime victim were created or exacerbated by you in whole or in…