Fathers' Divorce Issues Archives

Can my ex use the panic over COVID-19 to withhold the kids from me?

March 23, 2020

Child Abuse, Child Custody, Child Custody Modification, Custodial Interference, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child custody, COVID-19, Parent Time, visitation

“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week from his spring break visitation? With all the panic over…

Do the family courts in the U.S. tend to favor the mother over the father?

March 19, 2020

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

bias, child custody, favoritism

Do the family courts in the U.S. tend to favor the mother over the father? Generally, yes. Only a fool (or a con artist) would tell you otherwise. The courts are slowly, but noticeably, becoming less biased in favor of…

Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?

“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week from his spring break visitation? With all the panic over…

How many states favor mothers in child custody proceedings?

How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question is not whether a particular “state” favors awarding custody of…

Can an abusive father win custody even if they’re not legally married?

March 6, 2020

Divorce Utah

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

abusive father, abusive mother, abusive parent, child custody, court

I’m in an emotionally, verbally, and financially abusive relationship. Can an abusive father win custody even if they’re not legally married? Anybody can do or get anything, if he/she tries hard and the circumstances work in his/her favor. Anybody can…

Is it possible to be a stay-at-home mom after a divorce?

February 27, 2020

Divorce Utah

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

father, mother, options, stay-at-home, stay-at-home dad, stay-at-home mom, work from home

Is it possible to be a stay-at-home mom to a young child after a divorce? Possible? Sure. Easy? No. Likely? No. What are the current options for being a stay-at-home parent? Here are some ideas (some being better than others,…

How does a narcissist continue to fool a family court judge?

February 7, 2020

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Personality Disorders, Witnesses, Women's Divorce Issues

BPD, mental illness, narcissist, NPD

How does a narcissist continue to fool a family court judge? How does a narcissist continue to fool a family court judge? Because there’s almost never a way to prove when anyone engaging in misconduct that is not objectively verifiable.…

What happens if you get caught lying in family court?

I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how they treat lying. At this point in my career, I…

How can I get my high-conflict ex to violate any terms of our court order?

How can I get my high-conflict ex to violate any terms of our court order? He operates within the confines of the legal language, but harasses and torments me at every opportunity. I have no recourse because he hasn’t broken…

Divorcing parents in psychiatric care deny thoughts of self-harm?

Do parents in psychiatric care deny thoughts of self-harm for fear admitting it may impact custody? Is it common for a parent in psychiatric care to make false denials of thoughts of self-harm for fear that doing so may adversely impact…

Divorce and your mortgage: what to know (guest post)

Divorce and your mortgage: what to know (guest post) “Deciding how to deal with the family home is one of the most important issues to decide upon when there is a divorce,” says Mary Ann Ferreira. “First, there needs to…

Should all the kids stay with one parent after a divorce? Why or why not?

January 24, 2020

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Dirty Tricks, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest, child custody, families, joint custody, primary custody, sole custody

I am a divorce and family lawyer. I have been for 23 years. It is impossible to come up with a blanket policy for all children of all parents in all families. For example, if a divorce were precipitated by…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

2019 UT App 207 – THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

Were Amber Alerts created as a way to solve family custody disputes?

January 6, 2020

Divorce Utah

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

Amber Alert, child custody, custody dispute

No, not at all. One of the absolute worst ways to address, much less resolve, family custody disputes is seeking an Amber alert. Indeed, making Amber alert reports over child custody disputes (as opposed to genuine concern that an actual…

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…

Fathers’ Divorce Issues