court Archives - Divorce Utah

If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?

July 5, 2021

Abandonment and Desertion, Best Interest of the Child, Child Custody, Custody, Evidence, Family Law, Parental Rights

child custody, court, custody, never ask, never asked, weight, writing, written agreement

Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No. Just because a parent may, at one point in time,…

When flawed thinking is tragic thinking (thank goodness)

I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful because they reveal a common and recurring flaw in so many people’s thinking—and identifying the…

Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those details crucial to resolving a particular issue but simply because…

Can anyone find out which spouse filed for a divorce?

June 10, 2021

Divorce Utah

Divorce, Divorce Law, Divorce Preparedness, Men's Divorce Issues, Women's Divorce Issues

couple, court, divorce, file, filing, public record, spouse

I cannot speak for all jurisdictions, but in the state of Utah (where I practice divorce and family law), if you know that a couple is divorcing or is divorced, and you know the name of at least one of…

I have custody of my child. He’s refusing to come home. What now?

May 19, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

child choice, child custody, choice, choose, court, de facto, de jure, enforce, enforcement, Modification, modify, noncompliance, noncompliant, noncomplying, petition, physical custody, powerless, primary custody, primary physical custody, sole custody

I have custody of my child. He left to go to his mom’s last Friday for the weekend. He is refusing to come home because he wants to live there. What happens now? I will answer this question in the…

Child refuses to leave noncustodial parent’s house. What happens now?

May 14, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

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I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will answer this question in the context of my experience as…

Custody order says mother and child can’t leave the state. Is that legal?

If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another country if the father says no? I cannot speak for…

Father has 50/50 custody. Now ex is trying to take it away. What to do?

May 7, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Co-parenting, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues

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I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody? First,…

Recent thoughts about family law

Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I feel are worth sharing: – Too often litigants and attorneys…

How can an uncontested divorce be considered a law suit? Does the court even get involved in that case?

April 30, 2021

Divorce Utah

Amicable Divorce, Uncontested Divorce

amicable, court, divorce, friendly, law suit, not fighting, uncontested

How can an uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a…

Can immigrants be used in family court as a witness?

April 9, 2021

Divorce Utah

Evidence

called, court, illegal, illegals, immigrant, questioned, resident, undocumented

Can immigrants be used in family court as a witness? Yes, even illegal immigrants can be called and questioned as witnesses in court. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Can-immigrants-be-used-in-family-court-as-a-witness/answer/Eric-Johnson-311?prompt_topic_bio=1

How much does it cost to file for a divorce?

April 6, 2021

Divorce Utah

Attorney Fees, Divorce Costs, Lawyer Fees

attorney, charge, charges, cost, court, divorce, file, filing fee, findlaw.com, lawyer, other costs, paid, quara.com, services, state, states, U.S.A.

How much does it cost to file for a divorce? Good question. There are costs and then there are cost for filing for divorce. Beyond what an attorney would charge you for his/her services, there are other costs to be…

In court cases, how does taking an oath make any difference?

In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before being questioned as a witness in a legal proceeding (whether…

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself? It certainly can. It depends upon the…

Married a short time. He demands discovery going back years. Can he?

Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is requesting bank statements and my previous divorce information -real estate…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

Do I have to respond to discovery questions in a divorce?

Do I have to respond to discovery questions in a divorce? Yes, unless you can persuade the court that some or all of the discovery requests: violate the rules governing discovery, such as exceeding the number of discovery requests allowed; are unreasonable…

Tag: court

If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?

When flawed thinking is tragic thinking (thank goodness)

Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

Can anyone find out which spouse filed for a divorce?

I have custody of my child. He’s refusing to come home. What now?

Child refuses to leave noncustodial parent’s house. What happens now?

Father has 50/50 custody. Now ex is trying to take it away. What to do?

Recent thoughts about family law

How can an uncontested divorce be considered a law suit? Does the court even get involved in that case?

Can immigrants be used in family court as a witness?

How much does it cost to file for a divorce?

In court cases, how does taking an oath make any difference?

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

Married a short time. He demands discovery going back years. Can he?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

Do I have to respond to discovery questions in a divorce?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

If I can’t find an attorney, can it honestly be said I got a fair trial?

Why does someone need an attorney when they can just defend themselves in court?