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,…
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…
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…
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…
Can you? Meaning: is it possible? Of course it’s possible. Likely? That depends. I had written over 500 words in my first draft of the answer to this question when…
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…
It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody…
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: …
Are you going through a child custody dispute in court, or contemplating one? If so, have you heard about a custody evaluation? if not, you'll want to pay particularly close…
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for…
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Why would a father whose attorney had outed his children's mother as a schizophrenogenic narc monster give her full custody? “Give?” If the father had it within his power to…
What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311 …
When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of…
What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…
That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not…
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit…
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
The question was asked: In a study in 2012 proved many custody evaluators falsely believe most DV victims lied & alienated kids. So How do you prevent that evaluators report from…
My lawyer asked me to get letters of my character from my friends for family court to introduce as evidence, but do they really matter and is 12 enough? Do…
2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
The best way to phrase this question is as follows, “How do I get an order awarding custody of our child to me, if I assert as the basis for…
I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn't want to take me to court to present my…
There could be at least two possible reasons. 1. Even though the child is living with you, if the court and/or the child support collection agency has not been made…
I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but…
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
This is a good question and a question that comes up often. I will answer your question as it would apply to the law of Utah, which is the jurisdiction…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address. First, is there any legally permissible and practicable…
I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie…
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work…
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all…
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.…
Doyle v. Doyle, 258 P.3d 553 (Utah Ct.App. 2011) 2011 UT 42m ¶ 38, “Even an overwhelming case for the best interest of the child could not compensate for a…
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…
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…
Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such…
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…
Can the other parent send someone I’ve never met to pickups and drop-offs for our child? Can the other parent send someone I’ve never met to pickups and drop-offs for…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
© Copyright 2025 Utah Family Law LC. All Rights Reserved. A Sites by Sara Website