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,…

Continue ReadingIf 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?

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…

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What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…

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How Will You Go About Settling Disagreements With Your Spouse That Affect the Child?

Answers to this question could take up an entire book (actually, it could take up many entire books, and it does—literally millions of pages have been written on this subject).…

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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…

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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…

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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

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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…

Continue ReadingIf 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?

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…

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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…

Continue ReadingIf a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

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…

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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…

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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…

Continue ReadingAfter 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?

Why Do Americans Believe That Divorce Is Damaging to Children Compared to Remaining in a “Bad” Marriage?

Your question is not a good one because it’s based upon a false premise. Not all Americans believe that it’s better for all children for their parents to remain in…

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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…

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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%?…

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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)…

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Which is more difficult for children: parents getting a divorce or parents getting an annulment?

Both result in Mom and Dad no longer living together with their children. Divorce ends a marriage, and annulment results in a legal and religious ruling that the marriage does…

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Whose responsibility is it to reduce or put an end to the divorce rate in this modern day?

Few rational, intelligent, thinking people would argue that a divorce rate hovering around 50% is not too high. Society suffers from a high divorce rate and the broken families that…

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Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances

2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable…

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Taylor v. Taylor – 2022 UT 35 – Divorce Arbitration

IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification…

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Is it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

Common? No.  Not all that unusual? Yes.    Utah Family Law, LC | divorceutah.com | 801-466-9277     https://www.quora.com/Is-it-common-for-someone-to-choose-to-end-a-10-year-marriage-then-secretly-create-conflict-to-trick-kids-into-saying-yes-to-should-we-leave/answer/Eric-Johnson-311    

Continue ReadingIs it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

Is it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

Common? No.  Not all that unusual? Yes.    Utah Family Law, LC | divorceutah.com | 801-466-9277   https://www.quora.com/Is-it-common-for-someone-to-choose-to-end-a-10-year-marriage-then-secretly-create-conflict-to-trick-kids-into-saying-yes-to-should-we-leave/answer/Eric-Johnson-311  

Continue ReadingIs it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

Can a child who wants to, testify of his/her desires regarding the child custody award?

Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…

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What does temporary custody without prejudice mean?

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…

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Can being a noncustodial parent improve the child-parent relationship?

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: …

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Are you going through a child custody dispute in court, or contemplating one?  

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…

Continue ReadingAre you going through a child custody dispute in court, or contemplating one?  

Child refuses to exercise shared custody with the stricter parent

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…

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Should I get sole custody of my children if the dad does not want custody?

Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with…

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How can I make sure father won’t gain custody?

My husband cheated on me and we're getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure…

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What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced?  First, it is not necessarily a given that a…

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My estranged father keeps asking me for money, what do I do?

My parents are divorced, my father has no savings, he didn't work for the entire period of their marriage, we were estranged for a while and now we are back,…

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Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all?   Generally,…

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Are there experts who can evaluate parental alienation for a custody case?

There are “expert” witnesses for virtually any and every issue in legal actions.  Can judges be bamboozled by pseudo-scientific expert witnesses? Without question.  Do some judges who know that the…

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Can a parent with full custody deny visitation due to unsanitary conditions?

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…

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Can a 16-year-old child choose not to have visitation with a parent?

Technically, no. Practicably/pragmatically, yes.  Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply…

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Is it easier to get a divorce if you and your spouse have nothing shared?

Is it easier to get a divorce if you and your spouse have no debts, no shared property, and no children? Typically, generally, usually, yes. In the overwhelming majority of…

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So I want to ask my dad to divorce my mom.

So I want to ask my dad to divorce my mom. She has a troublesome personality, to say. I'm currently 16 and the relationship between not just me and my…

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Can I gain full custody if I’m bipolar?

I don't want anything to do with my child's father. Can I gain full custody if I'm bipolar?  First, thank you for being so candid and blunt. This is a…

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Fox v. Fox 2022 UT App 88 – alimony

Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…

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What are the primary concerns in determining parenting issues? Why?

What are the primary concerns of the courts in determining parenting issues? Why?  In Utah (and in no particular order), the court must consider the factors articulated in these sections…

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If each parent is fully capable, will the court still give full custody to mom?

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…

Continue ReadingIf each parent is fully capable, will the court still give full custody to mom?

Can an adult child be sued for helping one parent divorce the other?

Taking your question literally:  Can? Yes.  You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time.  Just…

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Why would a father give a child’s abusive mother full custody?

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…

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