Fathers' Divorce Issues Archives

How is the custody going to work after separation?

After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation? The question of what the court will do regarding child…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Divorce Utah

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2019 UT App 195, ability to pay, alimony, appeal, calculating alimony, calculating child support, Child Support, debt, divorce, imputed income, need, property distribution, separate debt, student loans, Utah Court of Appeals, vacate

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

Can you divorce your spouse even if your spouse does want a divorce?

Yes. This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws. Many people believe that “no fault” divorce means that one cannot get divorced without being at fault. No, it means…

Should we put divorcing couples in an adversarial divorce court system?

People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care what happens to their spouses in divorce and who are…

What are some cases that restored your faith in the judiciary?

September 25, 2019

Divorce Utah

Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

faith in the judiciary, inadequate, professions

There are not enough well-conducted and well-decided cases to restore my overall lack of faith in the legal system generally. To be sure, there are very good judges and others working within the legal system who try their best to…

Why is it common for the custodial parent to villainize the ex to their child?

I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and any time it occurs is too often. And let’s clarify…

Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or neglectful), other times the unfitness may be due to circumstances…

How do I respond to parental alienation?

July 26, 2019

Divorce Utah

Child Abuse, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Divorce Fears, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Physical Custody, Sole Custody, Women's Divorce Issues

What can a parent do if, after the divorce, the other parent who has custody of the child turns the daughter against that parent? A parent in this situation can DO a lot of things, but the question is not…

Do women get sole or primary custody of children by default?

July 22, 2019

Divorce Utah

Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah Law, Women's Divorce Issues

award, child custody, men, presumptive, sexist, women

How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn’t it make more sense to have 50/50 custody by default, or an actual assessment on which parent…

Disparaging the Other Parent: what not to say

July 19, 2019

Divorce Utah

Children in Divorce, Coping With Divorce, Dirty Tricks, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

disparage, health care, medical, non-disparagement, nondisparagement

What are some examples of things you shouldn’t say if your custody order says not to disparage your ex to the kids’ medical providers? Look at it this way: if you wonder whether what you’re thinking of saying is disparaging,…

How did your parents’ divorce when you were a child affect your adult life?

July 17, 2019

Divorce Utah

Amicable Divorce, Best Interest of the Child, Children in Divorce, Co-parenting, Coping With Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

children of divorce, consequences of divorce for children, effect of divorce on children

My parents did not divorce, but I base my answer to this question on the experiences of my clients, whether it be how their own children reacted to their divorce or how my clients felt as children when their parents…

Why do abusers sometimes get custody of their children?

July 12, 2019

Divorce Utah

Abuse, Child Abuse, Child Custody, Custody, Dirty Tricks, Divorce Fears, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Simply (but accurately) put: they may intimidate, shame, and/or fool the other party into settling the custody case such that they agree to the abuser being awarded custody ; their resources may be so much greater than yours that they…

Hypothetically speaking, would you divorce over adultery, if you have kids?

July 5, 2019

Divorce Utah

Adultery, Children in Divorce, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Infidelity, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

cause, children, divorce, fault, forgive, forgiveness, repentant, unrepentant

Not simply because of an affair, no. It is certainly understandable if one desires to divorce a spouse who has committed adultery. The law understands this as well, which is why adultery is grounds for divorce in every state in…

After a divorce, is joint residential custody better or worse for the children?

Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is a safe and pleasant way to enjoy sugar. ‘Nothing wrong…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Divorce Utah

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

How many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?

July 3, 2019

Divorce Utah

Child Custody, Co-parenting, Custody, Divorce Fears, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Uncategorized

Not many. In fact, in many jurisdictions this has already occurred (many states have, in the past few years, passed laws that presume joint equal custody is in the child’s best interest).[1] In other jurisdictions it’s just around the corner.…

Is there a “statute of limitations” for seeking child support?

In Utah, yes: Utah Code § 78B-15-109. Limitation on recovery from the obligor. The obligor’s liabilities for past support are limited to the period of four years preceding the commencement of an action. As to the period of time in which…

Is there a “statute of limitations” for seeking child support?

June 22, 2019

Divorce Utah

Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah Code, Utah Law, Women's Divorce Issues

4 years, 8 years, child support statute of limitations, eight years, four years, limitations, statute of limitations, Utah code, Utah Code § 78B-15-109, Utah Code § 78B-5-202

I can’t speak for all states, but I can answer the question for the state where I practice law (Utah): Utah Code § 78B-15-109. Limitation on recovery from the obligor. The obligor’s liabilities for past support are limited to the…

Wollsieffer v. Wollsieffer – 2019 UT App 99 – modifying child support

THE UTAH COURT OF APPEALS BURRIS WOLLSIEFFER, Appellant, v. HEATHER WOLLSIEFFER, Appellee. Opinion No. 20170645-CA Filed June 6, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates No. 154905336 Burris Wollsieffer, Appellant Pro Se Courtney Cooper, Ryan A.…

My ex told me I can’t post videos of our children on my social media. What can I do?

I’m a mother of 3. The father has custody and I have visits and overnights. The father told me not to post videos of our children on my social media, such as Facebook and YouTube. What can I do? You…

Fathers’ Divorce Issues