How Can the Legal System Better Support Parents Who Lose Custody Battles?
It does not matter whether or how the legal system could support or better support parents who lose child custody cases because it is not the purpose of the legal…
How can you tell if your lawyer is lying about winning cases if there is no evidence of it online or in paper form?
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
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,…
What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?
Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view.…
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…
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…
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…
Are Divorced Parents Whose Divorce Was Entered in Utah Required to Give Any Notice When They Travel With Their Minor Children?
Yes. Utah Code § 30–3–36(2) requires: (2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent: (a) an…
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,…
Is My Ex-spouse Responsible for Paying Our Child’s College Education?
In Utah, the law does not require divorced parents to pay for an adult child’s education. Divorcing parents can agree that one or both parents will fund some or all…
Can Adoptive Parents Lose Their Kids When They Divorce?
Adoptive parents cannot lose custody of the children they adopted merely because they divorce. The children of adoptive parents are treated no differently in divorce than children who are issue…
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 the Judicial System Favor Custody of Children to the Lady? What Is the Judge’s Decision Based Upon?
Generally, yes, although the gratuitous (and sexually discriminatory) practice of indulging a default preference for the mother has steadily weakened substantially over the last 40 years and counting. More and…
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…
Can I File for an Order of Protection Against My Daughter’s Father for Myself, Even if She Is Living With Him?
If he poses a danger to you, then yes. The fact that a child you share lives with him will not prevent you from obtaining a protective order against him…
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…
How Would Someone Go About Getting Full Custody of Their Child if They Don’t Have Any Money and the Other Parent Has a Lot of Money?
I will answer this question in the context of Utah law because Utah is the jurisdiction where I practice divorce and family law. It could be that other jurisdictions have…
Can a Parent Who Signed Over Their Legal Rights Show Up at School Functions for the Child? Is There Anything That Can Be Done if They Keep Coming to Things Like Sports and Award Ceremonies?
I cannot answer this question as to what law applies in all jurisdictions, as I am not licensed to practice law in all jurisdictions, but I will be happy 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,…
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,…
How Long Do Child Custody Cases Usually Last, if There Isn’t Anything Super Serious or High Stakes Going On?
Great question. I wish I had a pleasing answer to it for you. I can’t speak for all jurisdictions, but in Utah (where I practice law and handle child custody…
Do Abusive Parents Get Custody of Their Children? Can Relatives Get Custody Instead?
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…
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…
If I Have Sole Legal Custody of Our 15-Year-Old Son and His Father Has Visitation Rights Only, Is He Allowed to Pull Him Out of a Sport He Has Already Started?
I can't speak for what the law is or how it applies in all jurisdictions, but I can answer this question as it would apply in the state of Utah,…
If I Owe Arrearages in Child Support, Do They Go Away if I Am Awarded Full Custody?
Good question. I cannot answer this question for how all jurisdictions would handle it, but I can tell you what the law is in Utah governing this question (and it’s…
My Ex Is Coming to My Home to Pick Up My Child 30-45 Minutes Early. He Is Not Following the Custody Order. What Can I Do?
I will assume that your ex-husband (the children's father) arriving to pick up the children earlier than his court ordered scheduled time is a hardship on, or at least an…
What’s the Chance That Soon-to Be Ex-husband Will Get “Final Decision Making” in Joint Custody?
That depends on many, many factors. Some legitimate, some possibly not. Those of you who have read my content here may have noticed that I am of the opinion (arising…
Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?
I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…
What Happens in a Custody Case When Both Parents Are Proven Unfit?
This is a great question. Note: I cannot answer this question for all jurisdictions, but I can answer it as it applies in the jurisdiction where I practice divorce and…
Can Grandparents Take Custody From Parents Permanently?
I can speak for what the law is in all jurisdictions, of course, but I can answer this question as it applies in the jurisdiction where I practice divorce and…
What Is a Custody Order?
I will answer your question according to the law of the jurisdiction where I practice divorce and family law (Utah). In a family law context, a custody order is an…
Do Dads Fail to Win Joint Custody Because They Are Less Competent Parents? Bad Litigants?
Very good question. Tricky question too. Not because it’s hard to answer (it isn’t), but because it’s a tricky question to understand accurately. I don’t find that otherwise decent and deserving fathers…
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…
What Is the Aim of Manipulating Children in Divorce Cases?
There can be many aims. Such as (in no particular order of popularity): gaining or saving money If the children “side” with a parent, that could influence the child custody…
How Can a 100% Mentally Disabled Person Keep Full Custody of Their Kids?
I will answer this question as a general matter in the context of Utah law because I practice divorce and family law (and thus I deal with child custody disputes…
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,…
What Can I Do if Ex-spouse Wants to Pay/Receive Less Child Support by Misrepresenting His/Her Income?
I will answer this question in the context of Utah law because Utah is the jurisdiction where I practice divorce and family law. It could be that other jurisdictions have…
How Do You Overturn Emergency Temporary Custody?
This is not the kind of situation in which you can obtain a change you want by taking certain steps. To overturn or modify a temporary child custody order you…
Can I Lose Custody of My Son if I Was a Victim in a Strangulation Case of Domestic Abuse?
It is possible, but not a given. Why? If the court determines that the circumstances under which you were a crime victim were created or exacerbated by you in whole or in…
When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?
Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if…