In re K.M. – 2025 UT App 17 – parents regaining custody from guardian
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…
In re J.M. – 2024 UT App 147 – Termination of Parental Rights
In re J.M. - 2024 UT App 147 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M., S.M., L.M., AND J.A.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.M., Appellant, V. STATE OF UTAH, Appellee. Opinion…
CPS Has Encouraged Parental Alienation Before My Parental Rights Have Been Taken, My Public Defender Has Not Been Representing Me the Way He Was Supposed to Be, but I Didn’t Know Until Now. What Can I Do?
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…
What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?
Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view.…
Who do you pick between a present father and an absentee mother?
Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1)…
What are some ways to make the divorce rate drop?
First, some marriages need to end in divorce. That is why divorce exists. But divorce is not always the answer when one or both spouses is/are miserable. Far too many…
Can being a noncustodial parent improve the child-parent relationship?
Can being a noncustodial parent improve the child’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: …
Should I get sole custody of my children if the dad does not want custody?
Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with…
What are the primary concerns in determining parenting issues? Why?
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
If each parent is fully capable, will the court still give full custody to mom?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Why do people get married only to divorce a few years later?
Why do people get married only to divorce a few years later? Doesn't really sound like love to me. With the exception of those divorces that take place shortly after…
Is it wrong for a parent to go to their adult child for emotional support?
Is it wrong for a parent to go to their adult child for emotional support concerning the parent’s marriage? I am a divorce and family lawyer and a parent, but…
If both parents are wonderful, will the court still favor the mother?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
I’m 14 and my mom is making me live with my dad. How do I stop this?
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…
Why do kids talk and text online so freely with strangers?
Why do kids talk and text online so freely with strangers? Don’t they understand how potentially dangerous that is? Why? Because kids that age aren’t very smart or wise. Don’t…
How can I enforce my power when I have final say in joint custody?
My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good…
Do you agree or disagree? Divorce creates chaos in the family.
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…
Why does paternity leave benefit everyone?
I’m not sure it does (and this comes from the father of four children himself). A little paternity leave would do no harm in most cases, but I’m not sure…
Christmas/Winter Break for Parents Under the Utah Code
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…
How to Explain to Your Kids You Are Getting Divorced (Guest Post)
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…
After a divorce, should my kids be with me or with the mom?
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
How do I console a father who has lost custody of his child?
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
Good news, for parents deserving of joint equal physical custody
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,…
How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”?
How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s "The Suitcase Kid"? The child certainly can be like the child (Andrea) from Jacqueline…
How does emancipation of a minor child work in Utah?
How does emancipation of a minor child work in Utah? Utah law provides a way for a minor child (a child under the age of 18 who is not yet a legal…
Do GALs or custody evaluators do a better job of interviewing children than judges do?
This post is the tenth 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…
What is the best case law to cite about parental alienation?
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…
Does having the judge interview the children traumatize the children?
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…
What are ways divorcees reach a mutual agreement when splitting up their assets?
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
What are ways divorcees reach a mutual agreement when splitting up their assets?
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
Would a child deal better with constantly fighting or divorced parents?
"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…
Can a mother keeping the children from the father work against in custody litigation?
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
Should we award custody to the parent who is a lower risk for COVID-19?
Should we award custody to the parent who is a lower risk for COVID-19? Is it reasonable to give custody to the parent who is a lower health risk to…
Would you consider the family law system a current political issue?
Would you consider the family law system a current political issue or problem? Yes, in fact the institutional defects and injustices in family law and the family law courts throughout…
What is the “right of first refusal”? Is it a statutory right in Utah?
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…
How can parents be so unloving that make their own child homeless by kicking him or her out?
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…
How does a “baby prenup” work and is it effective?
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”…
Can CPS take your kids for missing two dental appointments?
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…
Have you ever dealt with parental alienation?
Yes, but from the perspective of being the divorce lawyer for the alienated parent. Let me tell you, unless the alienating parent is so ham-handed in his or her efforts…