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Fathers’ Divorce Issues

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

July 8, 2020

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

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

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

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

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

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

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

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

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…

Should we award custody to the parent who is a lower risk for COVID-19?

Should we award custody to the parent who is a lower risk for COVID-19? Is it reasonable to give custody to the parent who is a lower health risk to the child during the Chinese coronavirus pandemic? It is reasonable…

Why is it so common for parents to become outright enemies after divorce?

Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs, and treated miserably by their spouses, by law enforcement, by…

What is the “right of first refusal”? Is it a statutory right in Utah?

What is the “right of first refusal”? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time “right of first refusal” in the context of child care. This “right of…

My ex is dead. Is there any reason to keep my divorce papers?

April 14, 2020

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

decree, ex-husband dead, ex-spouse dead, ex-wife dead, keep documents, papers

I was divorced in 1987 and my ex has died. Is there any reason to keep my divorce papers? Yes. You may need them to prove your marriage for various purposes until the end of your own life, such as,…

What’s the difference between legal custody and physical custody?

April 13, 2020

Child Custody, Children in Divorce, Custody, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parentage, Paternity, Physical Custody, Utah Law, Women's Divorce Issues

Here’s a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is there are difference? The answer: “Legal custody” is not the…

Is it advantageous to lie and sling mud at the other parent to win custody?

Today’s question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part of the ‘arsenals’ used to win a custody battle and…

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…

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