A Presumption of Equal Physical and Legal Child Custody Should Be the Norm

Most parents in Utah assume that when they separate or divorce, the court will start from a position of splitting custody evenly. That’s a reasonable assumption—shared parenting has become the…

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Reforming Child Custody in Utah Divorce: A Parental Fitness Approach

In Utah, divorce-related child custody disputes often escalate over parenting flaws that wouldn’t justify state intervention outside divorce. This approach is flawed because it creates a double standard that unfairly…

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Protecting Parental Rights: Why Sole Custody Shouldn’t Be the Default Response

A single mistake shouldn't cost a parent his or her relationship with his/her child. Yet too often, family courts award sole custody based on isolated incidents or "aberrant behavior" that…

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Can My Ex Legally Let a Sex Offender Be Around My Kids in Utah?

TL;DR: No, not without strict limits. In Utah, no parent may not allow a registered sex offender to be around your children—even in that parent’s own home—without the other parent’s…

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I Don’t Think I Can Continue With My Divorce Case. What Should I Do? By Braxton Mounteer, Legal Assistant

If you’re feeling like you can’t go on with your divorce case, know that you’re not alone in feeling that way. And you’re not weak for feeling overwhelmed. Take a…

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My Lawyer Says I Have a Weak Case. I Don’t Believe That. What Should I Do? By Braxton Mounteer, Legal Assistant

If you are considering filing for divorce—or if your spouse has already filed—you’ve probably consulted with a divorce lawyer (or should). You likely have your own views (and blind spots)…

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Sexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)

See Pusey v. Pusey, 728 P.2d 117, 121 (Utah 1986): ZIMMERMAN, Justice (concurring in the result): [I] also believe it is time to discontinue any hint of support for the notion of…

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Is It Possible to Divorce With Dignity?

Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…

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Is It Advisable to Wait Until the Divorce Is Finalized Before Dating? Does This Still Apply if There Are No Children or Assets Involved in the Divorce?

Yes, it is advisable. You can’t go wrong by waiting to start dating until after your decree of divorce is issued by the court. Personally, I consider it immoral to…

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