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What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?

Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view. Utah law provides that termination is strictly necessary only when, after…

As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?

Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and custodial parent has an unfettered right to travel with the…

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…

When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

April 20, 2023

Alienation of Affection, Child Custody, Co-parenting, Court Orders, Uncategorized, Unwed Parents, Utah, Utah Code, Utah Court Rules, Utah Law

alienation, children, court order

Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if there are no other court orders in place that govern…

How Will You Go About Settling Disagreements With Your Spouse That Affect the Child?

April 19, 2023

Best Interest of the Child, Children in Divorce, Co-parenting, Custody, Divorce

children, dissagreement, divorce, settle disagreements

Answers to this question could take up an entire book (actually, it could take up many entire books, and it does—literally millions of pages have been written on this subject). Your options and those of the other parent essentially boil…

What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?

December 5, 2022

Alienation of Affection, Child Custody, Child Neglect

children, custody, foster care

Your question presumes that the judge heard from the child. In many cases (frankly most), even though the child has the greatest stake in the child custody award dispute, the child is “protected” from being heard on the subject (don’t…

How do I convince a family court judge that a narcissistic parent should not have parenting time?

November 18, 2022

Child Care Costs, Child Custody, Children in Divorce, Co-parenting

children, divorce, Parent Time

So many people believe (and I don’t know how or why they have come to this belief) that “if I can show that the other parent has this flaw, I can prevent that parent from exercising parenting time some of…

Which is more difficult for children: parents getting a divorce or parents getting an annulment?

November 16, 2022

Annulment of Marriage, Best Interest of the Child, Children in Divorce, Divorce

annulment, children, children of divorce, divorce

Both result in Mom and Dad no longer living together with their children. Divorce ends a marriage, and annulment results in a legal and religious ruling that the marriage does not exist and never did. If you were curious, modern…

Is it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”?

November 11, 2022

Children in Divorce, Dirty Tricks, Divorce

children, divorce, tricks

Common? No. Not all that unusual? Yes. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-it-common-for-someone-to-choose-to-end-a-10-year-marriage-then-secretly-create-conflict-to-trick-kids-into-saying-yes-to-should-we-leave/answer/Eric-Johnson-311

Can being a noncustodial parent improve the child-parent relationship?

Can being a noncustodial parent improve the child’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: Anecdotally: When my parents separated I felt I saw my…

Is child marriage legal in the United States?

September 20, 2022

Court Orders, Court Rules, Family Law, Utah, Utah Code, Utah Court Rules, Utah Law

adults, child marriage, children, family law, law, marriage, state law, united states, Utah law

Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with their parents’ permission, under certain conditions. For example, in Utah…

Is it easier to get a divorce if you and your spouse have nothing shared?

Is it easier to get a divorce if you and your spouse have no debts, no shared property, and no children? Typically, generally, usually, yes. In the overwhelming majority of cases. You identified three of the top four reasons, in…

What are the primary concerns in determining parenting issues? Why?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

How can I better understand the importance of marriage?

July 13, 2022

Children in Divorce, Co-parenting, Divorce, Divorce Prevention/Marriage Preservation, Parentage, Parenting Plan

advice, children, counsel, decisions, divorce, importance of marriage, marriage, parenting

As a child with divorced parents, I find it hard to answer questions such as, “What is the importance of marriage?” How can I better understand the importance of marriage? Being a divorced parent does make it harder to make…

Why do kids talk and text online so freely with strangers?

Why do kids talk and text online so freely with strangers? Don’t they understand how potentially dangerous that is? Why? Because kids that age aren’t very smart or wise. Don’t you remember how stupid and foolish you were as a…

How can I enforce my power when I have final say in joint custody?

My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good faith my final say authority over our son’s well-being, health,…

Would you want to groom your children to become lawyers?

February 14, 2022

Judges, Lawyers, Legal System, Utah Law

attorneys, children, law, law practice, law school, lawyers, legal profession, legal system, parenting

Would you enlist your children into a pre-law school program which grooms them to become top notch lawyers? No. I have gone in the opposite direction. I have told my children (who love dogs and want dogs because their mother…

In re J.P. – 2021 UT App 134 – termination of parental rights

In re J.P. – 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion…

Do you agree or disagree? Divorce creates chaos in the family.

January 7, 2022

Divorce, Divorce Law, Family Law

best interest of child, best interest of family, children, Dad, divorce, divorce concerns, divorce issues, family, family dynamic, mom, parents

Divorce generally creates far more chaos in individual families than it alleviates, but sometimes a divorce is the best thing to happen to a family. But that’s like saying sometimes its good to get arrested—rarely is it a good thing. Utah Family…

In re J.P. – 2021 UT App 134 – termination of parental rights

2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210185-CA Filed December 9, 2021 Fifth…

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