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…
Can You File for Defamation While a Custody Battle Is Happening?
I cannot speak to what the law is in all jurisdictions, but I can answer this question as it applies in the jurisdiction where I practice divorce and family law…
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…
If the Mother Loses Custody of the Child to a Third Party Does the Father Still Have to Pay Child Support
There are many weird twists that a case like the one you’ve described can take, but generally speaking (and I must speak generally because I do not know how the…
Can You Get 6 Months of Visitation With Your Child and Your Ex-spouse Gets 6 Months in Child Custody?
Can you? It is possible, yes. Will you? Not likely. Why? To get a judge/court to order that the child spends six consecutive months with one parent, then six consecutive…
How Many Children in the U.S. Experience Divorcing Parents? Does Anyone Have the Statistics?
About half. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-many-children-in-the-US-experience-divorcing-their-parents-Does-anyone-have-the-statistics/answer/Eric-Johnson-311
What Percentage of Fathers Get Full Custody?
This is largely a factor of where the custody dispute takes place. Some jurisdictions favor mothers over fathers as much as 80% (although that number is decreasing as joint custody…
How Does Child Custody Work in Utah if the Parents Are Not Married?
Child custody is determined based upon the same statutory factors regardless of whether the parents are divorced or were never married. Those statutory factors are found at Utah Code §§…
Can I Legally Go to My Dad’s on a Day That Is Written as My Mom’s in the Custody Agreement?
Great question (and it’s good to see questions from children). No one can give you “the” answer to this question without knowing the laws of the jurisdiction involved and what…
In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication
In re K.K. - 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In re K.K. – 2023 UT App 13
In re K.K. - 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
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.…
If Parents Are Divorced or Separated, Can the Parent With Full Custody of the Child Prevent the Other Parent From Seeing the Child, Even if That Parent Is Paying Child Support?
Unless: there is a statute or court order that permits it; or this kind of statute or court order could be the kind that permits the temporary denial of contact…
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…
How Can I Win Custody of My Son if I Haven’t Been There for Him for Ten Years?
About the only ways I can realistically imagine? The child’s other parent: - is dead; or - is unfit to be entrusted with the care and custody of the child.…
Is There a Way to Get Legal Action on Child Support for Free?
That does not bode well for you, if in fact the child will be in the courtroom at the same time you and the judge assigned to your case are…
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…
Can You Win a Custody Battle Without an Attorney?
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…
What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?
My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the…
How Do You Prove Parental Alienation in a Child Custody Case?
Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than…
How Do Custody Laws Work if the Child Is Eighteen, but in High School?
I can’t answer this question as it applies in all jurisdictions, but I can tell you what the law is and how it applies in the jurisdiction where I practice…
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,…
Can You Win a Custody Battle Without an Attorney?
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…
What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?
My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the…
If You Have Sole Physical Custody, Does That Mean Your Ex Can’t Take Your Child Out of State Without Your Permission?
I can't speak for what the law is in all jurisdictions, but I can tell you what the law is in the state of Utah, and how the law applies…
My Mom Has Full Custody of Me. Can I Legally See My Dad When I Turn 18 Without Him Getting in Trouble?
I cannot answer this question for all jurisdictions, but I can tell you how the law applies in the jurisdiction where I practice divorce and family law (Utah). A divorce…
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…
After a Marital Breakup, Only One Parent Can Properly Raise the Children, With the Other Parent Entitled Merely to Visiting Rights, but Could There Be a Better Alternative?
You’ve picked a good topic of discussion, but your question is poorly phrased. Your claim that only one parent can properly raise children after a marital breakup is false. Not…
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 It Good to Decide to Be a Single Father?
Only if it’s worse for the child to be reared by both his/her father and mother because the mother is unfit or an irremediable danger to the child. Kids deserve…
Can a Mother Keep Her Children From Her Separated Husband Until Court in Utah?
This is something of an intentionally gray area in the law, but that’s no reason or invitation to abuse it. Many don’t realize that a parent cannot kidnap his or…
Are That there is a Bias Against Men/Fathers in Child Custody Disputes Just Whining?
Are claims that there is a bias against men/fathers in child custody disputes just whining? No. Such claims are true and while the problem is slowly abating, it still needs…
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%?…
Who do you pick between a present father and an absentee mother?
Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1)…
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…
What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?
Your question presumes that the judge heard from the child. In many cases (frankly most), even though the child has the greatest stake in the child custody award dispute, the…
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