Abandonment and Desertion Archives

In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January 20, 2023 Third District…

How Do You Get a Divorce That Involves No Children and No Property or Money if You Haven’t Been Able to Find Your Spouse for Almost 10 Years, and Without Having to Hire a Lawyer?

December 16, 2022

Divorce Utah

Abandonment and Desertion, Divorce Lawyers, Hiring a Divorce Lawyer

AWOL, hiring a lawyer, lawyers

You probably worry that hiring a lawyer will bankrupt you, and so you’re afraid to get the help a good divorce lawyer could be to you. Before you resolve not to hire an attorney to represent you, find out what…

If your life partner has a low IQ, is divorce an option?

November 29, 2022

Divorce Utah

Abandonment and Desertion, Adultery, Divorce, Extramarital affairs/Adultery, No fault divorce

abandonment, adultery, alcohol abuse, criminal convictions, cruelty, desertion, drug abuse, impotency, insanity, loathsome disease, mental illness, neglect, no-fault divorce

Yes, but not for the reason you may think. In the age of no-fault divorce, you don’t really need to persuade the court to grant you a divorce. Divorce is essentially available on demand. Your spouse’s IQ need not have…

When are my ex’s things deemed abandoned?

I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides, in pertinent part that property is presumed abandoned if the…

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 where she is now, or would getting a lawyer to…

In re A.B. – 2021 UT App 91

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt Lake Department The Honorable Julie V. Lund No. 1174795 Steve…

How does a divorce and separation from one parent affect children’s future relationships? Can this cause trust issues or commitment issues in the kids’ future relationship?

Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course. How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship that is not only part and parcel of their own…

What happens to child support if the parent paying moves out of the country?

Assuming that you are asking whether a parent who is, in the course of a United States divorce or child custody proceeding, ordered to pay child support, moving out of the country would not change that parent’s legal obligation to pay child…

If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?

July 5, 2021

Divorce Utah

Abandonment and Desertion, Best Interest of the Child, Child Custody, Custody, Evidence, Family Law, Parental Rights

child custody, court, custody, never ask, never asked, weight, writing, written agreement

Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No. Just because a parent may, at one point in time,…

What are the grounds for filing for a divorce in Utah?

First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have to plead or show that your spouse committed any kind…

Why should I pay child support if the other parent isn’t asking for it (and doesn’t need it)?

This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice divorce and family law (which includes the issue of child…

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 Wilson’s “The Suitcase Kid,” if under a shared parenting arrangement…

What will a judge do if a mother gives up her full custody right to the father of her kids, wants nothing to do with them, refuses to pay child support, and is willing to quit her job to avoid paying child support?

January 5, 2021

Divorce Utah

Abandonment and Desertion, Child Custody, Child Neglect, Child Support, Child Support Calculation, Child Support Enforcement, Custody, Debts, Women's Divorce Issues

What will a judge do if a mother gives up her full custody right to the father of her kids, wants nothing to do with them, refuses to pay child support, and is willing to quit her job to avoid…

If a parent disappears for five years, what are his/her chances of winning child custody?

December 15, 2020

Divorce Utah

Abandonment and Desertion, Child Custody, Child Neglect, Children in Divorce, Custody, Uncategorized

abandon, abandonment, child abandonment and child custody, child custody, custody, disappear, disappears, parent

If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible for Mom being out of the picture for 5 years,…

What if you don’t get divorced and just move away?

October 2, 2020

Divorce Utah

Abandonment and Desertion, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Separation

abandonment, default, desertion, family expenses, move away, move out, necessaries, necessity, separate, separation

What if you don’t get divorced and just move away? The risks and dangers in just up and moving away from (abandoning) your spouse are manifold. Here are a few that come to mind: If you disappear and your spouse…