Yes, Equal Custody Is a Great Idea and Should Be Awarded Far More Often Than It Is Now, but That Doesn’t Mean All Judges Agree.

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…

Continue ReadingYes, Equal Custody Is a Great Idea and Should Be Awarded Far More Often Than It Is Now, but That Doesn’t Mean All Judges Agree.

Toward Equal Child Custody Awards in Utah: Progress Made and Still to Be Made

Historically, in the state of Utah, and throughout the United States, cultural bias as to which parent is granted primary custody plays a major role in child custody decisions. Originally,…

Continue ReadingToward Equal Child Custody Awards in Utah: Progress Made and Still to Be Made

How Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?

Good point, and good question. Although the amount of time fathers are being awarded with their children is increasing in child custody dispute cases (and has been for the past…

Continue ReadingHow Can Family Courts Claim to Comply With the Equal Protection Clause When Fathers Receive Primary Custody in Less Than 20% of Cases?

Can’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?

My ex-spouse is the primary custodial parent, and I am ordered to pay child support. My ex wastes child support money and/or doesn't spend it on the needs of our…

Continue ReadingCan’t I Claim an Offset or Credit for the Children’s Other Expenses That I’ve Paid?

What Are My Chances of Gaining Full or Primary Custody of My Child as a Father?

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…

Continue ReadingWhat Are My Chances of Gaining Full or Primary Custody of My Child as a Father?

Obstacles Fathers Face in Trying to Get Joint Custody of Their Children

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…

Continue ReadingObstacles Fathers Face in Trying to Get Joint Custody of Their Children

I have custody of my child. He’s refusing to come home. What now?

I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…

Continue ReadingI have custody of my child. He’s refusing to come home. What now?

Why is it difficult for a father to get child custody?

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…

Continue ReadingWhy is it difficult for a father to get child custody?

Thomas v. Thomas – 2021 UT App – contempt, modification of custody

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…

Continue ReadingThomas v. Thomas – 2021 UT App – contempt, modification of custody

How many states favor mothers in child custody proceedings?

How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question…

Continue ReadingHow many states favor mothers in child custody proceedings?

Should all the kids stay with one parent after a divorce? Why or why not?

I am a divorce and family lawyer. I have been for 23 years. It is impossible to come up with a blanket policy for all children of all parents in…

Continue ReadingShould all the kids stay with one parent after a divorce? Why or why not?