Alienation of Affection Archives

When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

April 20, 2023

Alienation of Affection, Child Custody, Co-parenting, Court Orders, Uncategorized, Unwed Parents, Utah, Utah Code, Utah Court Rules, Utah Law

alienation, children, court order

Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if there are no other court orders in place that govern…

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them https://www.propublica.org/article/parental-alienation-utah-livestream-siblings#:~:text=Two%20siblings%20in%20Utah%20have,had%20sexually%20abused%20the%20children Is there any question whether the court would…

How Do I Handle a Narcissist Ex-husband in the Visitation of Children if I Have the Primary Custody? He Is Very Manipulative to Our Kids.

February 28, 2023

Divorce Utah

Alienation of Affection, Joint Legal Custody, Joint Physical Custody, Legal Assistant, Modification of Child Custody, Parental Alienation, Utah

joint custody, parental alienation, Utah Divorce Court

I generally wouldn’t recommend trying to get the assistance of the court to remedy this problem. The legal system is not designed to address this problem well, if at all. And even when it can do something worthwhile, the legal…

Is There a Way to Get Legal Action on Child Support for Free?

February 20, 2023

Divorce Utah

Alienation of Affection, Child Custody, Children in Divorce, Custody, Custody Evaluation, Joint Legal Custody, Joint Physical Custody, Parental Alienation, Sole Custody

alienation, child custody, Divorce Court

That does not bode well for you, if in fact the child will be in the courtroom at the same time you and the judge assigned to your case are in the courtroom (although it is not a common occurrence…

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

February 14, 2023

Divorce Utah

Alienation of Affection, Child Custody, Children in Divorce, Custody, Parental Alienation

child custody, Divorce Court, parental alienation

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what…

How Do You Prove Parental Alienation in a Child Custody Case?

February 10, 2023

Divorce Utah

Alienation of Affection, Child Custody, Children in Divorce, Custody, Divorce, Divorce Court, Family Law, Parental Alienation

alienation, child custody, parental alienation

Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than past answers, but I will still try to ensure that…

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 Does One Prove False Allegations of Parental Alienation?

February 1, 2023

Divorce Utah

Alienation of Affection

false allegations, parental alienation

With great difficulty, in most (not all) cases. “It used to be a fashion amongst men that when a charge was made some sort of proof was brought forward to establish it, and if no proof was found to exist,…

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

January 27, 2023

Divorce Utah

Alienation of Affection, Child Custody, Child Neglect

child custody, parent alientation

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what…

How Do You Prove Parental Alienation in a Child Custody Case?

January 26, 2023

Divorce Utah

Alienation of Affection

alienation, parental alienation

Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than past answers, but I will still try to ensure that…

How Does One Prove False Allegations of Parental Alienation?

January 25, 2023

Divorce Utah

Alienation of Affection

false allegations, parental alienation

With great difficulty, in most (not all) cases. “It used to be a fashion amongst men that when a charge was made some sort of proof was brought forward to establish it, and if no proof was found to exist,…

What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?

December 5, 2022

Divorce Utah

Alienation of Affection, Child Custody, Child Neglect

children, custody, foster care

Your question presumes that the judge heard from the child. In many cases (frankly most), even though the child has the greatest stake in the child custody award dispute, the child is “protected” from being heard on the subject (don’t…

My estranged father keeps asking me for money, what do I do?

My parents are divorced, my father has no savings, he didn’t work for the entire period of their marriage, we were estranged for a while and now we are back, but now he keeps asking me for money, what do…

Are there experts who can evaluate parental alienation for a custody case?

There are “expert” witnesses for virtually any and every issue in legal actions. Can judges be bamboozled by pseudo-scientific expert witnesses? Without question. Do some judges who know that the so-called expert witness’s testimony is pseudo-scientific bunk (or at least…

Can an adult child be sued for helping one parent divorce the other?

Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just because you can file a lawsuit does not mean, however,…

Why isn’t 50/50 custody the default resolution in child custody cases?

I have studied this question throughout my career, and I’ve been a divorce and family lawyer for 25 years. If there is one family law question to which I know the answer, it is this one. Eventually, a rebuttable presumption…

Our agreement says no child support, can my ex ask for it anyway?

Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit me. The kid is 16 years old. I cannot speak for…

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…

Parental alienation

I just read the following comment made by a viewer of my UFLTV parental alienation interview with Kelly Peterson. This viewer wrote, “So basically, parental alienation is proved by documenting the instances of alienation over a long period of time, so that…

Why is disciplining a child a sign of parental alienation in the long-term?

October 11, 2021

Divorce Utah

Alienation of Affection, Children in Divorce, Divorce, Parental Alienation, Parental Fitness

Children in Divorce, disciplining, parental alienation, parenting, parenting issues, parents in divorce

This is an example of a logical fallacy; specifically, begging the question. It assumes the conclusion in the premise It is not a given that disciplining a child is a sign of parental alienation in the long-term. Disciplining a child…