Were Amber Alerts created as a way to solve family custody disputes?
No, not at all. One of the absolute worst ways to address, much less resolve, family custody disputes is seeking an Amber alert. Indeed, making Amber alert reports over child…
Can a mother refuse custody of her child, or is that illegal?
Inability to care for a child is not the same as abandoning a child. If a parent (father or mother) were to “refuse custody” of his/her child, that would be…
Can I petition the courts for custody of a child who is homeless?
Yes. In the jurisdiction where I practice family law, there are several ways to seek and obtain custody of child who is not your biological offspring: petition for guardianship petition…
Can I petition the courts for custody of a homeless child?
Yes. In the jurisdiction where I practice family law, there are several ways to seek and obtain custody of child who is not your biological offspring: petition for guardianship petition…
How is the custody going to work after separation?
After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation?…
Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony
2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…
Why don’t the police help more with custody and parent-time enforcement?
In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes…
Are bedbugs a basis for modifying child custody or parent-time?
If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent…
Why can a child refuse to live with a parent as court ordered?
Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to…
State v. Popp – 2019 UT App 173 – divorce and sexual abuse of children
2019 UT App 173 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JUSTIN WILLIAM POPP, Appellant. Opinion No. 20180224-CA Filed October 31, 2019 First District Court, Brigham City…
What are some interesting facts about child support?
Unless the court orders otherwise (and I have yet, after 22 years in practice, to see a court order otherwise), if you lose your job, you still have to pay…
How can we change divorce court to make it easier on the children?
Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs and the needs of their family, instead of…
How does a “baby prenup” work and is it effective?
For others reading this answer to your question who do not know what a “baby prenup” is, let me first describe it: What a “baby prenup” is not A “baby prenup”…
The Utah custody evaluator pool just got bigger!
BREAKING NEWS: The custody evaluator pool just got bigger! That means faster scheduling, faster completion, and lower prices! The amendment is effective November 1, 2019. CJA04-0903. Uniform custody evaluations. AMEND. Adds…
What is the best comeback a judge has ever made in court?
I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…
Why is it common for the custodial parent to villainize the ex to their child?
I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…
In re L.L. – 2019 UT App 134 – qualified expert witness, ICWA
2019 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF L.L., A PERSON UNDER EIGHTEEN YEARS OF AGE. GUARDIAN AD LITEM, Appellant, v. STATE…
Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?
Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…
Can custody evaluators see through a narcissist’s lies?
No, not simply by virtue of their being custody evaluators. Sometimes custody evaluators and other mental health professionals give the impression (either deliberately or inadvertently) that they have magic, infallible…
How do I respond to parental alienation?
What can a parent do if, after the divorce, the other parent who has custody of the child turns the daughter against that parent? A parent in this situation can…
Can children choose with which parent they will live?
How much input do you let your child have in deciding who they're going to live with or which parent they'll be spending more time with? This is a question…
Do women get sole or primary custody of children by default?
How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn't it make more sense to have 50/50…
Why do abusers sometimes get custody of their children?
Simply (but accurately) put: they may intimidate, shame, and/or fool the other party into settling the custody case such that they agree to the abuser being awarded custody ; their…
After a divorce, is joint residential custody better or worse for the children?
Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is…
Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support
Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
How many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?
Not many. In fact, in many jurisdictions this has already occurred (many states have, in the past few years, passed laws that presume joint equal custody is in the child’s…
Can you re-file for custody after a judgment has been made?
Can you re-file for custody after a judgment has been made? Yes. In the context of a divorce or child custody action (not a termination of parental rights case), the…
2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation
2019 UT App 104 - Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District…
My ex told me I can’t post videos of our children on my social media. What can I do?
I'm a mother of 3. The father has custody and I have visits and overnights. The father told me not to post videos of our children on my social media,…
2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody
2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court,…
Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time
Nebeker v. Orton - 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District…
Plan a Parenting Schedule That Works for Your Family – by Ryan Howard
Published with permission and by request of the author: https://smartparentadvice.com/parenting-schedule/
2019 Utah Legislative Session – parentage, child custody factors
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019. The legislature amended section 78B-15-610…
2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time
2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District…
2019 UT App 81 – In re A.R. – permanent custody and guardianship
2019 UT App 81 – In re A.R. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R., R.R., AND V.R., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
Child Custody, Utah Code Section 30-3-10, and medical cannabis
Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10…
New laws from 2019 Utah Legislative Session – Section 30-3-34 – step parents and others
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34 rather extensively. We discussed some of those changes in…
New laws from 2019 Utah Legislative Session – Section 30-3-34 – “best parent”?
New laws from 2019 Utah Legislative Session - Section 30-3-34 - "best parent"? Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the…
New laws from 2019 Utah Legislative Session – Section 30-3-34
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. In 2019 the legislature amended section 30-3-34. That code section provides that a noncustodial parent will…
How can I get a divorce if I don’t know where my spouse is?
If I'm married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don't know where my spouse is?…
Do I need a separate room for my daughter?
As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a…
If my spouse cheats, and we divorce will I get custody of my children?
In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No…
What’s the best way to decide who takes the children when a couple splits?
I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about.…
If mom’s in jail, and dad never signed the birth certificate, who gets custody?
As a legal matter, whoever the court would deem to serve the best interest of the child. If the biological father could prove to the court that he is the…
Can I Get the Court to Force My NPD Spouse to Be Tested?
Should I attempt to / is it possible to have my court order my NPD to undergo psychological testing before he can get access to our child? First, let’s break…
LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis
2019 UT App 42 - THE UTAH COURT OF APPEALS - LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019…
Nebeker v. Orton – 2019 UT App 23 – custody and parent-time
2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The…
Mental Health Professionals: How to Make Good (and honest) Use of Them in Divorce and Child Custody
Many spouses and parents going through a divorce and child custody case may believe there is value in using mental health professionals. This can be true, if you use mental…
I recorded my husband telling me that he wants to hit me. Will this help me obtain custody of our child?
Question: I’m going through a divorce. A day ago, I recorded my husband telling me that he “wants to hit me in the face.” Will this evidence help me obtain…
Can a stepparent get custody of a stepchild, if the biological/adoptive parent’s parental rights are terminated?
Question: If a child's parents were to lose custody of him, and the only family member left was the stepparent's family (not legally related), would the stepparent(s) get the child?…
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