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Don’t Be Bullied, Get an Attorney!

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I meet with people considering divorce all the time. Frequently they are terrified because their spouse has been bullying them. This is not a gender specific issue. In fact, it is not uncommon for men to come into my office just as afraid as women because their spouse is bullying them.  This is not ok.

One type of bullying consists of threats about the case. For example, a bullying spouse may threaten to keep the kids from the other spouse, kick the other person out of the house, stick the other spouse with all of the debt, drag out the divorce until everyone is broke, Etc.

These threats are empty. The law in Utah protects parties in that it attempts to make an equal division of all assets and debts, and it creates a mechanism so that children have access to both parents so long as it is safe for the children. Having a trained attorney who is knowledgeable about divorce law and confident in the courtroom can protect you from the empty threats of a spouse.

Another type of bullying is more serious and requires immediate action. Sometimes I meet with people who have been physically abused, or their spouse has threatened to physically harm them. This type of bullying is not ok, and requires immediate steps to protect you and your children.  The best way to handle these situations is on a case by case basis. Some tools to consider are a protective order, police intervention, or a restraining order inside of your divorce. These tools often need to be used tactfully and strategically to protect you. If you are suffering from an abusive spouse, don’t sign an unfair agreement thinking it will stop the abuse. Call a knowledgeable and confident attorney to help you get the protection you need.

Many times people will come in to my office after they have signed an unfair decree. They sign because they are afraid of their spouse, but later realize that they shouldn’t have signed because the bullying spouse has not changed. It is much more difficult to undo a bad agreement, than it is to get a better agreement the first time.

At Ammon Nelson Law, our team of attorneys is knowledgeable about divorce law (we focus our practice entirely on helping families). We are also confident in the courtroom having logged hundreds of hours arguing in front of the local judges.

For a free case evaluation, call our office today. We will ensure you receive a detailed action plan and answers to all of your questions.

To get the FREE Utah Guide to Divorce, CLICK ON THE PICTURE BELOW!

 

 

Filed Under: News Tagged With: abuse, abusive spouse, assets, children, debts, divorce, divorce law, house, protective order, restraining order

Child custody disputes are part of any divorce case where a married couple have children together and in any paternity action. You are probably familiar with the terms “Sole Custody” and “Joint Custody.” I have found that even though many people know these terms, they are not exactly sure what they mean. Throw in the term “Legal Custody,” and we have a giant mess. Let me help you untangle the mess with these hints about custody.

Physical Custody v. Legal Custody

Physical custody is the determination by the court about who the children will live with and how much visitation the other parent will have. Legal custody is the determination by the court about who gets to make major decisions regarding medical, education, religion, and other major events in the children’s lives. It also includes what information a “non-custodial” parent can have.

Sole legal custody usually means one parent (usually the parent with whom the children live) has the ability to make all major decisions for the children, and the other parent is simply entitled to information about the children (ie report cards, medical records, dates of events, etc).

Joint legal custody usually means that both parents must meet and discuss major decisions about the children before any decision is made. Sometimes it requires the parents to go to mediation if they cannot agree how to handle a certain situation with their children.

Sole Custody v. Joint Custody

Sole physical custody is where one parent has the children most of the time, and the other parent has only standard visitation (usually every other weekend). Physical custody is determined by overnights. That means that if a non-custodial parent has the children less than 111 overnights, the custodial parent has sole physical custody. If the non-custodial parent has more than 111 overnights, that parent has some form of joint physical custody.

Joint physical custody is often confused as being a 50/50 arrangements, where the parents have the children an equal amount of time. Actually, any arrangement where the non-custodial parent has more than 111 overnights is considered a joint physical custody arrangement. That means that there is a wide swing in how much time a non-custodial parent may have the children but still have joint physical custody.

If your head isn’t spinning by now, it will be as you try to negotiate a parent-time arrangement with the other parent. Ammon Nelson Law, PLLC focuses its practice on divorce and custody issues in the Ogden, Roy, Layton, North Ogden, Farr West, Harrisville, Farmington, Kaysville, Fruit Heights, and North Salt Lake areas. We can help you sort out custody and negotiate an arrangement that is not only good for you, but also for your children. If you have questions about custody, please give us a call!

CLICK HERE: Utah Guide to Divorce

Filed Under: News Tagged With: children, custody, divorce, farmington, farr west, harrisville, joint custody, kaysville, legal custody, ogden, overnights, paternity, physical custody, roy, sole custody

Helping Your Child Cope With Divorce
Divorce can be a great next step for a couple when staying married is no longer an option. Following divorce, both people in the marriage can move on with their lives and discover who they are and what they really want. It can be a new beginning.
But when there are children involved in the divorce things can be a little bit more complicated. Here are five ways that parents can help their children cope with divorce.
Tell them you love them
It is essential when parents are getting divorced for them to reassure their children often that they love them. They can also explain that though their parents will no longer be married and may not love each other anymore, they will never stop loving them. Parents can also tell their children how important they are to them and that they want them to be happy.
Discuss changes together
Many things may be changing for the children when their parents are getting divorced. They may be moving, changing schools, having to make new friends, being watched over by new people, and seeing one parent less than they may be used to seeing them. It is a good idea for parents to take the time to sit down with their children and discuss the changes that will be happening and why. This way there will be less surprises for the children to deal with. Even if the changes are hard, at least they will be aware of them and can do more to prepare themselves.
Tell the truth
It is important for each parent to tell their children the truth about why they are getting divorced. Parents can tailor the explanation to the age of the child. Something simple, such as, “we don’t get along anymore” can be a sufficient explanation for younger children who do not need a long-winded explanation.
Older children may want a more detailed explanation. It is ok to tell older children a more detailed version of the reason their parents are getting divorced. But parents should remember not to talk negatively about their ex-spouse in the process. Explaining the facts is enough even if the child wants to talk about it more than once.
Let them talk
Children will have a lot of thoughts and feelings about their parents getting divorced. Parents should allow their children to talk to them about what is going on and about how they are feeling about all of it. During these conversations the job of the parents is mainly just to listen. If it seems like the child needs advice or help and asks for it then the parent can offer some advice.
Maintain structure
As much as possible, it is best to maintain structure for the children during and soon after a divorce. Children should have the same bedtime routines and bed time. They should also have the same meal times and if they are participating in any activities such as sports or lessons, they should continue to participate in them. This way the child will feel like some of their world is maintaining stability even though much is changing.

Filed Under: News Tagged With: children, coping with divorce, custody, divorce

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