If You Are Not Happy With the Current Child Custody Arrangement, Can You Change It?

I cannot answer this question as it applies to all jurisdictions, but I can answer it as it applies to the jurisdiction where I practice family law (Utah): Merely because you are…

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In re Adoption of K.R.S. – 2024 UT App 165

In re Adoption of K.R.S. - 2024 UT App 165 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF K.R.S., A PERSON UNDER EIGHTEEN YEARS OF AGE.…

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A Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?

I can't speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and…

Continue ReadingA Third Party Refused to Return Child to the Child’s Mother, the Sole Custodian. So Mother Called Law Enforcement Seeking Assistance. But They Refused to Get Involved Saying It’s a Civil Matter. Is That True?

Musselman v. Keele – 2024 UT App 143 – Bar Complaint – Tortious Interference – Fraudulent Misrepresentation

Musselman v. Keele - 2024 UT App 143 THE UTAH COURT OF APPEALS DAVID MUSSELMAN, Appellant, v. KAMRON KEELE, Appellee. Opinion No. 20220893-CA Filed October 10, 2024 Third District Court, West…

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If I Got Married Today and My Husband Moved Into My House, if We Get Divorced in 5 Years, Will I Have to Give Him 50% of My House?

Great question (the answer will likely scare you and drive you nuts, but it’s a great question). Divorce court is, in many respects, the wild west. No matter what jurisdiction…

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My Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?

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…

Continue ReadingMy Ex and I Have Joint Custody, but He Hasn’t Been Letting Me See My Child for a Couple of Months Now. Will He Lose Custody if I Go Back to Court and Tell Them About This?

My Spouse Refuses Divorce but I Need to Be Divorced. My Spouse Says He/She Will Make My Life and the Kids’ Life Hell if I Leave. I Don’t Want to Spend a Fortune on a Lawyer.

Are you a churchgoer? Are you a member of a church? If so, your church may have resources available to members to help them with various legal concerns or problems.…

Continue ReadingMy Spouse Refuses Divorce but I Need to Be Divorced. My Spouse Says He/She Will Make My Life and the Kids’ Life Hell if I Leave. I Don’t Want to Spend a Fortune on a Lawyer.

2024 UT App 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption

2024 UT App 91 – In re R.D. THE UTAH COURT OF APPEALS IN THE INTEREST OF R.D. AND Z.J., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.J., Appellant, v. N.J.…

Continue Reading2024 UT App 91 – In re R.D. – Juvenile Court Jurisdiction – Parental Presumption

I Want to Live with My Mom but I Have Shared Custody With My Dad. What Do I Do? Can I at 15?

This question is literally asked on a daily basis. It comes up so often. But that means it’s a burning question. I’ll bet it has been answered literally at least…

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If a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?

If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose…

Continue ReadingIf a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?

If you get a divorce but everything is in your name, do you have to split it?

If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it?  I will answer your question in…

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What will the court do if I do not sign a letter sent by my ex-husband?

What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony…

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Is it possible to get court transcripts for custody hearings?

Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. …

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Is staying with parents during pregnancy grounds for filing for divorce?

You don't have to come up with creative reasons for getting a divorce anymore in the age of no-fault divorce (in the U.S.A.).  You don't have to find a reason…

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Do both parties have to sign the paperwork for a divorce to be granted?

Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not…

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How do I pursue child visitation when I don’t know where the child is?

I’m preparing to begin pursuing child visitation. However, the child’s mother has moved and never told me where, and has cut off contact with me. How can I find out…

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Can there be a prenup that will protect the salary you earn during the marriage?

In the context of alimony, no ( at least not in the jurisdiction where I practice divorce and family law, which is Utah). A prenuptial agreement provision that purports to…

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What is a complete list of reasons someone can file child support that cannot be fought?

What is a complete list of reasons someone can file child support that cannot be fought? There is no such list; however, here is my list of pretty dang safe…

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What policies and factors determine how child support is calculated?

What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation…

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If I can’t find an attorney, can it honestly be said I got a fair trial?

If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…

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