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Fathers’ Divorce Issues

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Nebeker v. Orton – 2019 UT App 23 – custody and parent-time

2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140 Jared L. Peterson, Attorney…

At what age can children decide which parent they want to live with?

It’s largely a matter of age and size/strength or resourcefulness. Technically a child never legally has the power to choose with which parent he/she will live (the only person with that power is the judge). But as a matter of…

If it’s so terrible to separate children from parents at the border, why is it so acceptable to separate children and parents in divorce?

January 18, 2019

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

If it’s so terrible to separate children from parents at the border, why is it so acceptable to separate children and parents in divorce? Utah Family Law, LC | divorceutah.com | 801-466-9277

What useful things can Jeff Bezos’s divorce can teach us

Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances to know. Assuming both parents are personally “fit” to exercise…

Have we reached the point where mothers are not immediately deemed the best candidates for child custody?

Almost, but not yet. Until recently, it wasn’t just a cultural norm, but a legal principle that presumed during a child’s “tender” years (generally regarded as the age of four and under), the mother should have custody of the child…

What can you do when the system is clearly against you?

January 12, 2019

Dirty Tricks, Divorce Fears, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her ex is “friends” with the judge who rules in favor…

How did your dad change your life?

January 11, 2019

Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues

Without him perhaps even realizing it, he taught me what is to me the most important thing I could learn and know and be: do what is right, let the consequence follow. Dad was not perfect, but that made him…

Is it ever a good idea to postpone a divorce for the ‘children’s sake’?

January 2, 2019

Amicable Divorce, Best Interest of the Child, Children in 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

divorcing after the kids are adults, staying together for the kids' sake

Ever? Certainly. Always? No. (and remember: though I’m a divorce lawyer, that does not mean I am a raving fan of divorce. I’m not. Rarely does even the “best divorce” measure up to a “sufficient marriage”) While it is clearly…

Morality Clause: Can Include One in My Decree of Divorce?

January 1, 2019

Best Interest of the Child, Children in Divorce, Cohabitation, Contempt of Court, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Unwed Parents, Women's Divorce Issues

morality clauses

Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is against the religious teachings in our faith. Yes. In Utah…

Child Custody: what does it mean in divorce, and what factors determine who gets child custody?

December 7, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Physical Custody, Visitation, Women's Divorce Issues

child custody, joint custody, joint legal custody, joint physical custody, parenting plan

One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who your children will live with after you and your ex-spouse…

Why are there no penalties for false allegations in divorce and custody issues?

December 5, 2018

Abuse, Child Abuse, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

Why are there no penalties for false allegations in divorce and custody issues? QUESTION: Ex-wife made false allegation that I was inappropriate with my daughter. CPS cleared me. Cost me thousands to defend myself along with her being able to…

Should all spousal support/alimony be revoked?

November 14, 2018

Alimony and Support, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Women's Divorce Issues

alimony, alimony for life, lifetime alimony, spousal support

Should all spousal support/alimony be revoked? No, but I wouldn’t be upset if it was largely overhauled to reflect circumstances as they are now. Because originally wives didn’t get half the marital property in divorce, alimony was all wives (wives,…

Can I still get custody or visitation, even if my spouse got a protective order against me?

November 12, 2018

Child Custody, Dirty Tricks, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Protective Orders, Women's Divorce Issues

My husband placed a protection order on me and my son’s name is on it, we are in the divorce process, is it possible that I can still get custody or visitation? I will answer this question by making some…

In your experience, how often do divorces get resolved “amicably” after being filed in court?

November 7, 2018

Amicable Divorce, Child Abuse, Child Custody, Coping With Divorce, Dirty Tricks, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Personality Disorders, Women's Divorce Issues

Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably. I’ve seen it happen about 10% of the time. It…

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?

November 2, 2018

Alimony and Support, Child Custody, Children in Divorce, Coping With Divorce, Dirty Tricks, Division of Marital Property, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Evidence, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Women's Divorce Issues

As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question: good men and bad men. So many people, when they…

Do you think fathers should have the right to 50/50 split custody from birth, even if mom is breastfeeding?

October 29, 2018

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

Do you think fathers should have the right to 50/50 split custody from birth, even if mom is breastfeeding and the separation will likely affect her ability to do so long term? No, but “the best parent” is both parents.…

Parent-Time During the Holiday Season 2018

October 23, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

Christmas, Hallowee, holiday season, Parent Time, Thanksgiving

Parent-Time During the Holiday Season 2018 The holiday season is upon us, and many divorced and single parents need to prepare and plan for your holiday season parent-time this time of year. Understanding how parent-time functions during the holidays will…

Dole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division

October 16, 2018

Division of Marital Property, Divorce and Taxes, Divorce Law, Fathers' Divorce Issues, Finances, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Retirement Benefits, Taxation, Utah Court of Appeals Decisions, Women's Divorce Issues

2018 UT App 195 The Utah Court of Appeals JULIE ANN DOLE, Appellee, v. CHRISTOPHER PATTON DOLE, Appellant. Opinion No. 20160702-CA Filed October 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie No. 124905567 Jay L.…

Stephens v. Stephens – 2018 UT App 196 – modifying child custody and support

October 16, 2018

Child Custody, Child Support, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Mothers' Divorce Issues, Utah Code, Utah Court of Appeals Decisions, Women's Divorce Issues

2018 UT App 196, modifying child custody, modifying child support, Stephens v. Stephens

2018 UT App 196 The Utah Court of Appeals DONOVAN TODD STEPHENS, Appellee and Cross-appellant, v. BRIDGET NICOLE STEPHENS, Appellant and Cross-appellee. Opinion No. 20170440-CA Filed October 12, 2018 Third District Court, West Jordan Department The Honorable James D. Gardner…

A list of common, but very good, Utah divorce questions (with answers)

ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE WILLING TO ANSWER A FEW QUESTIONS FOR ME (IN ALL…

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