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,…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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? 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…
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
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…
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 §§…
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 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 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.…
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…
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…
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
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.…
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…
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…
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.…
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…
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? 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…
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…
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…
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…
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? 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…
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…
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…
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…
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…
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…
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…
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…
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…