Fathers' Divorce Issues Archives

Unique challenges for men and women face in divorce and child custody

September 16, 2020

Alimony and Support, Child Custody, Custody, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

alimony, child custody, Domestic Violence, men, protective order, restraining order, stalking injunction, unique challenges, women

The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past 23 years in the practice of divorce and family law.…

What does it take to get the court to award custody to the father?

What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent that the court cannot both i) award her custody and…

Are prenuptial agreements used only to avoid divorce settlements?

Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually do) cause by agreeing in advance what the separate property…

How do courts view mothers who abandon their family during a divorce?

How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds the concept and institution of motherhood in high esteem, so…

“It’s pretty awful, but do you have a better alternative?”

“It’s pretty awful, but do you have a better alternative?” I was asked the following question in response to this answer I gave to a question on Quora.com: https://www.quora.com/What-are-some-dirty-secrets-a-lawyer-wishes-they-could-tell-us-but-can-t/answer/Eric-Johnson-311 Here is my response to that question: First, do not engage…

Can a parent discipline a child by taking the child’s phone away?

Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and a parent myself, I always believed that I had control…

I hired an attorney. I’m so scared how my ex will react.

July 13, 2020

Divorce Utah

Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

anxiety, ex, fear, hiring attorney, hiring lawyer, nerves, react, reaction

How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when he finds out. Know that hiring a good lawyer (a…

Who files for divorce more? Men or Women? Why?

July 8, 2020

Divorce Utah

Divorce Causes, Divorce Fears, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

divorce, initiate, men, percentage, percentages, reasons, why, women

Who files for divorce more? Men or Women? Why? Women file more In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more often than husbands. Between 65%…

Why does a parent asking questions turn into a trial?

July 7, 2020

Divorce Utah

Children in Divorce, Divorce Fears, Divorce Mistakes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

character, child, children, doubt, exposed, guilt, interrogate, parent, question, questioning, trial

Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing and does not want to be exposed or 2) the…

Why does a parent asking questions turn into a trial?

July 2, 2020

Divorce Utah

Fathers' Divorce Issues, Mothers' Divorce Issues

ask, child, children, interrogate, interrogation, question

Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing and does not want to be exposed or 2) the…

For divorced parents: why isn’t your custody award 50/50?

For divorced parents: why isn’t your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or substance abuse), poverty, or distance from the other parent’s residence…

2020 Changes to Fall Break parent-time in Utah Code

June 19, 2020

Divorce Utah

Child Custody, Fathers' Divorce Issues, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Utah Code, Visitation, Women's Divorce Issues

30-3-35, child returns to school, fall break, school lets out, sunday, u.e.a., Utah code

When the fall school break parent-time period begins was a common question that the Utah State legislature addressed in the 2020 legislative session by making a clarifying change to the code. That change is found in Utah Code § 30-3-35(2)(f).…

Can a mother keeping the children from the father work against in custody litigation?

Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living in the home as well impact the decision for joint…

Is being a divorce lawyer miserable?

June 8, 2020

Divorce Utah

Child Abuse, Child Custody, Child Support, Children in Divorce, Coping With Divorce, Custody, Custody Evaluation, Divorce Attorneys, Divorce Lawyers, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Women's Divorce Issues

divorce attorneys, divorce lawyers, miserable

Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are exposed is saddening, as is the toll divorce takes on…

If you haven’t seen “Erasing Family” and you’re going through a child custody dispute

June 4, 2020

Divorce Utah

Child Custody, Coping With Divorce, Custody, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child custody, custody, divorce, documentary, Erasing Family, law, legal system

If you haven’t seen “Erasing Family” and you’re going through a child custody dispute, you should. You really should. Because you really don’t have any idea what you’re in for. Oh, I know you believe you do. You don’t. I…

How can we change the court system in order to make divorces easier on the children?

How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs…

Judge Judy on Family Court

May 25, 2020

Divorce Utah

Family Law, Fathers' Divorce Issues

custody, divorce, family court, fathers, Judge Judy

Regardless of whether you may agree with Judge Judy’s values or opinions, the fact is she has attracted our attention as a candid and no no-nonsense legal mind. Did you know TV’s Judge Judy was, before she was on television,…

Should We Keep Our Divorce Struggles a Secret from the Kids?

May 19, 2020

Divorce Utah

Amicable Divorce, Children in Divorce, Co-parenting, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

amicable, children, decent, kids, reasonable, secret, struggles

Should We Keep Our Divorce Struggles a Secret from the Kids? If a couple conceals their arguments from their children and divorce ‘amicably,’ does that send a message to the children that bad things can happen without any particular reason,…

Why does it seem like courts are against fathers when it comes to custody?

May 14, 2020

Divorce Utah

Child Custody, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

against fathers, bias, child custody, courts, custody

Why does it seem like courts are against fathers when it comes to custody? Because while the courts are becoming less and less biased against fathers as time goes by, they are still generally biased against fathers when it comes…

What does a judge ask a child in a custody case?

In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly rational*, the majority of judges are extremely reluctant to question…

Fathers’ Divorce Issues