In re A.S.G.-R. – 2023 UT App 126 – permanent custody and guardianship
In re A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
In re H.M. – 2023 UT App 122 – termination of parental rights
In re H.M. - 2023 UT App 122 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.M. AND D.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. G.B., Appellant, v.…
John v. John – 2023 UT App 103
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
The Father Just Paid Child Support, and Now He’s Asking the Mother of the Child to Start Showing Him Receipts. Do You Think He Is Right for Asking?
Absolutely. No question about it. Now, don’t confuse “he has every right to ask for receipts” with “he has every right to receipts”. If a child support payor (known in some jurisdictions as the…
In re M.M. – 2023 UT App 95 – termination of parental rights
2023 UT App 95 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant, v. STATE OF UTAH,…
Pgals (Private Guardians Ad Litem) Are a Bad Idea.
Why? You’ll hear the argument that a PGAL should be appointed for a child because we don't want to traumatize children by having them testify on the record. Where is the…
Can the Mom End up Paying Child Support to the Father if He Was Abusive?
There are so many things wrong with this question. But thank you for asking it because it can be the start of a beneficial conversation and lead to a better…
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,…
I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?
I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…
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…
What does it mean when he tries to avoid a legal fight in court for child custody?
It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not…
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…
How Do Witnesses Contribute to the Decision-Making Process in Child Custody Hearings and Trials?
If what we learn from witnesses didn't generally tend to be more informative and reliable than not, then we wouldn't listen to witnesses at all. No sensible person believes that…
In re K.R. – 2023 UT App 75 – termination of parental rights vs. guardianship
In re K.R. - 2023 UT App 75 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.R. AND R.B., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In re M.S. – 2023 UT App 74
In re M.S. - 2023 UT App 74 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. R.S. AND…
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…
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…
If a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?
If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose…
How Do I Inform a School About Divorce and That Their Father Is Not Allowed to Pick Them Up?
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…
What Is the Point of Granting Divorced Parents Joint Custody and Splitting Parenting Time? Isn’t It the Idea That the Children Benefit From Having Two Parents? Isn’t That True Only So Long as Both Parents Are Positive Influences and Not Criminals?
You pose two very good questions, and there are very good answers to each of them. Question 1) What is the point of granting divorced parents joint custody and splitting…
In Re L.L.B. – 2023 UT App 66 – Termination of Parental Rights Reversed
In re L.L.B. - 2023 UT App 66 THE UTAH COURT OF APPEALS IN THE INTEREST OF L.L.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.B. AND H.B., Appellees, v.…
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,…
If I Have a Temporary Court Hearing for Joint Custody and I Have Planned a Vacation Before the Order Is in Place. Can I Still Take My Child Out of State as the Custodial Parent?
This is a complicated question. If there is no statute or court order in place that bars you from taking your child out of state with you for a vacation,…
Does a Child Have Rights in Her Home After a Divorce?
There are many ways one might interpret what your question is. If you are asking whether a child of divorced parents has, as a result of the divorce, more or…
How Long Will It Take for the Court to Adjust Custody in a Parental Alienation Situation?
You need to ask some other questions first before you get to the answer to the question of how long it will take. First, can you prove parental alienation to…
Who Has Custody of a Child if There Is No Court Order?
I can answer this question as the law applies in the jurisdiction where I practice divorce and family law (Utah), and you may find my answer useful in conducting the…
I’m 14 and My Parents Are Separated and Are Getting a Divorce Soon, but Why Does the Court Decide How Many Times I See My Father and Not Me?
Allow me to start my answer to your question by acknowledging how unfair it is to children of divorce when courts refuse to hear from the children and refuse to…
What Should or Can I Do When the Father Has Primary Custody but Has Left Our Child With Me for 60 Days and Counting?
The father has primary custody but left our child with me and left the child with me 60 days ago with no indication of when or whether he will return,…
Can the Non-custodial Parent Consent to a Tattoo for His/Her Minor Child?
Can my non-custodial parent consent to a tattoo for me? I'm a minor and my mom has full custody of me. She’s thought about allowing a tattoo but has never…
We Have Joint Custody, but I’ve Moved to Another State. Is It Wrong to Ask My Ex to Bring Our Child to Me?
We have joint custody in Nevada. I’m in California now. Is it wrong to ask them to take my child to me because of my location? Do mean to ask,…
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…
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…
State in Interest of P.J.R., 2023 UT App 27
THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA…
Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity
2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20,…
How Will You Go About Settling Disagreements With Your Spouse That Affect the Child?
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).…
If Parents Are Unable to Care For Their Children, Do Grandparents Have the Legal Right to See Them?
I cannot answer this question as the law applies in every jurisdiction, but I can give you the answer as the law applies in Utah, which is the state where…
State In Interest of B.W. – 2022 UT App 131
State In Interest of B.W. - 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them
There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused…
The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules
From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277
In Re A.H. – 2022 UT App 114 – Termination of Parental Rights
2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Who Has the Ultimate Decision Making Authority in a Child Custody Case, the Parents, the Lawyers, the Judges, or the Child of a Certain Age?
If the case goes to trial: the judge. However, in Utah, the jurisdiction where I practice (which is the case in most other jurisdictions too), the parents, children, and lawyers…
If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?
Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you…
In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity
2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH,…
In a Divorce, Why Do Courts Want to Know About Other Persons Living in the Home, Not Involved in the Divorce and Their Income?
There could be many reasons. Here are a few of the most common (not an exhaustive list, but a list of many reasons why a court may want to know…
What Happens if I Get Married to Someone With Kids Then Get Divorced? Do I Get To See the Kids?
I cannot speak to what the law is and how it is applied in every jurisdiction, but I can answer this question on this topic as it applies to the…
Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights
2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On…
Is 50/50 custody likely when the parents live in the same neighborhood?
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
My children’s father is a bum. Can he get 50/50 custody awarded?
The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%?…
How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?
Good question. A generation or two ago, it was all but unheard of for parents to be awarded joint physical custody of their children. It was literally unthinkable in the…