Fathers' Divorce Issues Archives

Blake v. Smith – 2023 UT App 78 – child custody, child support

Blake v. Smith – 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20, 2023 Third District Court, Salt Lake Department The Honorable Su…

The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The only way to terminate a parent’s parental rights and obligations…

If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?

There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make decisions for a minor child regarding the child’s health and…

The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?

This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children his/her scheduled parent-time or custody yet does not want the…

How Do I Inform a School About Divorce and That Their Father Is Not Allowed to Pick Them Up?

August 8, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Child Protective Order, Coping With Divorce, Custody, Fathers' Divorce Issues, Mothers' Divorce Issues, Utah, Utah Code, Utah Court Rules, Utah Law

child custody, custody, divorce, school

Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring an uncertified copy of the applicable court order(s) or just…

2023 UT App 65 – State v. Meyer – Parent Charged With Child Abuse

2023 UT App 65 – State v. Meyer THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. ELIZABETH LYDIA MEYER, Appellant. Opinion No. 20210718-CA Filed June 15, 2023 First District Court, Brigham City Department The Honorable Spencer Walsh No.…

2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change

2023 UT App 60 – Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100308 Ashley…

Does the Judicial System Favor Custody of Children to the Lady? What Is the Judge’s Decision Based Upon?

July 6, 2023

Divorce Utah

Child Custody, Custody, Divorce, Fathers' Divorce Issues, Mothers' Divorce Issues

bias court, custody, Parent Time, women in divorce

Generally, yes, although the gratuitous (and sexually discriminatory) practice of indulging a default preference for the mother has steadily weakened substantially over the last 40 years and counting. More and more jurisdictions are adopting a presumption that joint physical custody…

Better, Smarter Communication with Your Ex/Co-parent and Why You Need to Do It

June 22, 2023

Divorce Utah

Co-parenting, Fathers' Divorce Issues, Mothers' Divorce Issues

BIFF, book, co-parenting

I generally don’t recommend books on divorce or particular strategies articulated in these books because, while the advice is often (not always) good, it gets lost in the excessive number of pages it takes to stretch the advice to book…

Can a Parent Who Signed Over Their Legal Rights Show Up at School Functions for the Child? Is There Anything That Can Be Done if They Keep Coming to Things Like Sports and Award Ceremonies?

June 19, 2023

Divorce Utah

Child Custody, Fathers' Divorce Issues, Parent Time, Parental Rights, Utah

legally terminated parental rights, parental rights

I cannot answer this question as to what law applies in all jurisdictions, as I am not licensed to practice law in all jurisdictions, but I will be happy to answer this question according to the law as it applies…

Why Are Family Courts Biased Against Husbands and Fathers?

June 8, 2023

Divorce Utah

Family Law, Fathers' Divorce Issues, Husband's or Wife's Business, Utah

courts bias, fathers, Utah

We should note first that not all courts/judges/judicial officers are against fathers. Some courts/judges/judicial officers are against fathers (far too many), but not all of them. Why are the judges who are biased against fathers biased? There are at least…

What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child’s mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is also the custodial parent with full custody rights, so she…

Do Abusive Parents Get Custody of Their Children? Can Relatives Get Custody Instead?

Do abusive parents get sole custody of their children, even when their children don’t want them to have it? If the children want to stay with a relative who can take care of them instead, can the court award the…

How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t do much, if anything, during the actual hearing, with the…

Artificial Fraudulence

May 26, 2023

Divorce Utah

Coping With Divorce, Evidence, Family Law, Fathers' Divorce Issues, Judges, Justice and Equity, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Utah Law, Women's Divorce Issues

abuse, action, assets and debt, audio, authenticity, biased, concerned, deepfakes, diminution and dissipation of assets, discern, duped, email, evidence, fake, fakery, family law, fraud, genuine article, impossible, indistinguishable, infidelity, innocent, invent, judge, judges, justice, legal process, legitimate concerns, level, liars, lies, litigants, meaningless, mockery, offended, opposing counsel, outraged, paranoid, persecuting, pervasively, process, profession, proof, property damage, protect, proud, reality, records, ridiculed, scientific data, Seth Godin, shaming, sincerity, society, spread, substance abuse, surprise, system irreparably, tactics, technology, text, trust, truth, understanding, unprofessional, veracity, verify, vexatious litigator, visual, volume, whistleblower

Seth Godin stated it well when he wrote, “The ease with which someone can invent and spread lies [with advancing technology] is going to take most of us by surprise. It’s going to require an entirely new posture for understanding…

What Should I Do When a Family Court Judge Refuses to Look at My Evidence?

What should I do when a family court judge refuses to look at my evidence of abuse because my ex’s lawyer lied about me bringing it to him when I had a witness with me? What you can or should…

Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award

Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in bankruptcy. It appears that is no longer true (if ever…

What’s the Chance That Soon-to Be Ex-husband Will Get “Final Decision Making” in Joint Custody?

May 18, 2023

Divorce Utah

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

final decision making, joint custody

That depends on many, many factors. Some legitimate, some possibly not. Those of you who have read my content here may have noticed that I am of the opinion (arising out of more than 25 years’ experience as a divorce…

Do Dads Fail to Win Joint Custody Because They Are Less Competent Parents? Bad Litigants?

May 3, 2023

Divorce Utah

Child Custody, Fathers' Divorce Issues

50/50 custody, 50/50. joint equal custody, Father's rights

Very good question. Tricky question too. Not because it’s hard to answer (it isn’t), but because it’s a tricky question to understand accurately. I don’t find that otherwise decent and deserving fathers lose disproportionately because they are disproportionately more inept in court,…

Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support

2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100713 Sara Pfrommer, Ronald D.…

Fathers’ Divorce Issues