Tag: Children in Divorce

Child Custody, Children in Divorce, Divorce Court, Legal Custody, Parent Time

child custody, Children in Divorce, Divorce Court, legal custody, Parent Time

BULLET PROOF YOUR HEARING Note: This is the fourth of four blog postings that I’ll publish in as many weeks. You will want to read them all (and likely want to read them in order to get the most out…

Bullet Proofing Your Summer Parent Time – Part 2 of 4

February 10, 2017

Child Custody, Children in Divorce, Legal Custody, Parent Time

child custody, Children in Divorce, legal custody, Parent Time

BULLET PROOF YOUR REQUEST FOR COURT ASSISTANCE Note: This is the second of four blog postings that I’ll publish in as many weeks. You will want to read them all. My previous and first blog posting on Bullet Proofing Your…

Bullet Proofing Your Summer Parent Time – Part 3 of 4

February 10, 2017

Parent Time BULLET PROOF YOUR MOTION YOU FILE WITH THE COURT AND YOUR ARGUMENT IN COURT Note: This is the third of four blog postings that I’ll publish in as many weeks. You will want to read them all. My…

Custodial Interference and Writ of Assistance

February 10, 2017

Child Custody, Children in Divorce, Parent Time, Special Circumstances

child custody, Children in Divorce, Parent Time, special circumstances

Special Circumstances One of the ways you can enforce your parent-time or custody rights is through a Writ of Assistance. You should know up front that most judges and court commissioners consider such an action a bold, even an extreme…

What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala

January 25, 2016

Child Custody, Children in Divorce, Coping With Divorce

child custody, Children in Divorce

What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala Zavala v. Zavala, 2016 UT App 6 Opinion No. 20141031-CA Filed January 14, 2016 SUMMARY: If a custody…

Joint Legal Custody With “Tie-Breaking Authority” or “Final Say” Isn’t Joint Legal Custody

January 25, 2016

Child Custody, Children in Divorce

child custody, Children in Divorce, Coping With Divorce

Joint Legal Custody With “Tie-Breaking Authority” or “Final Say” Isn’t Joint Legal Custody So you’re sitting at your desk in your office when the IT guy walks in and says, “Everyone in the company is getting upgraded phones, so I’m…

Equitable Distribution of Property in Utah

January 24, 2016

Assets/Debt/Property, Divorce and Taxes, Divorce Court

Children in Divorce, divorce & taxes

Equitable distribution of property in Utah divorce, and what that means Different states divide marital property in different ways. Utah (and other states’) law applies the principle of equitable distribution of property (as opposed to the “community property” standard that…

What you need to know when a Guardian ad Litem is appointed

January 11, 2016

Child Custody, Children in Divorce

child custody, Children in Divorce

In many (too many, in my opinion) divorce and family law cases in Utah (and other states) an attorney is appointed to “represent the interests of the children.” This attorney is referred to as a “guardian ad litem.” the “ad…

Bullet-Proofing Your Holiday Parent-time: Send Notice in Writing NOW

January 11, 2016

Child Custody, Children in Divorce, Legal Custody, Parent Time, Special Circumstances

child custody, Children in Divorce, legal custody, Parent Time, special circumstances

Bullet Proofing Your Holiday Time: Send Notice in Writing NOW Many divorced or single parents have issues with parent-time, not because they can’t use a calendar or make a plan, but because they are dealing with an ex who is…

What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 4 of 4)

January 11, 2016

“The fairest rules are those to which everyone would agree if they did not know how much power they would have.” — John Rawls Quarreling means trying to show that the other man is in the wrong. And there would…

What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 3 of 4)

January 11, 2016

This blog post covers provisions that are not required by Utah law to be in a parenting plan but that you either are allowed to include in the parenting plan or that you really should consider including in you parenting…

What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 2 of 4)

January 11, 2016

Every Utah parenting plan must contain the following minimum provisions: Provisions for resolution of future disputes between the parents. This means: A process for resolving disputes, unless precluded or limited by statute. A dispute resolution process may include: counseling; mediation or…

What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 1 of 4)

January 11, 2016

Utah Law requires that all joint legal and/or joint physical custody arrangements have a “parenting plan”. “Parenting plan”. It has a nice ring to it, doesn’t it? I mean who would dare to criticize planning or having a plan in…

Battling Custodial Interference – Criminal Prosecution

January 11, 2016

Child Custody, Children in Divorce, Legal Custody, Parent Time, Special Circumstances

child custody, Children in Divorce, legal custody, Parent Time, special circumstances

So what can you do the battle custodial interference if local law enforcement and the city and county attorneys won’t? Check out our blog posting on motions for order to show cause to sanction your ex for contempt of court and our…

Can Step-Parents Get Custody if a Child isn’t their Biological Child?

January 8, 2016

Child Custody, Child Support, Children in Divorce, Divorce Court

child custody, Child Support, Children in Divorce, Divorce Court

Can step-parents get custody or visitation of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just how step-parent custody in Utah is defined is somewhat unclear right…

Can a Stepparent Be Ordered to Pay Child Support for a Step child after Divorce?

January 8, 2016

Children in Divorce

Some people ask us if a step parent is obligated to support stepchildren financially during marriage or after a divorce. The short answer is no. Although most stepparents live with and voluntarily support their step children financially, in Utah stepparents…

How to Prepare Your Kids for Divorce

January 8, 2016

Divorce can be—and usually is—difficult and expensive, both financially and emotionally. Having minor children almost always increases both the financial and emotional toll of a divorce. How do you help prepare them for divorce? Every marriage is different, every divorce…

Protecting My Child Tax Benefits in Divorce

January 8, 2016

Children in Divorce