Fathers' Divorce Issues Archives

What happens after an affair when you have kids?

What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you have had…

Can an unmarried parent legally keep the other parent from the children without having gone to court?

November 13, 2020

Divorce Utah

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

child custody, court order, father, mother, police, unmarried parent, unmarried parents

Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is not illegal for one parent to keep the children from…

Why do pro se litigants fail so often?

Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit, rather than having a lawyer represent him/her and do the…

What advice would you give me before divorce, if I’m not in the wrong?

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

Do I pay half of any child care costs my ex incurs? What kinds?

QUESTIONS: Do I pay half of any child care costs my ex incurs? Or just work-related child care costs incurred? Are “occupational training”-related child care costs something I have to share too? And does “occupational training” include a bachelor’s degree?…

How can I choose which of my parents gets custody of me?

How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get to choose which parent will be awarded custody or what…

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

September 16, 2020

Divorce Utah

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…

Fathers’ Divorce Issues