I have no job, I’m living in my parents’ house, and I’m on methadone. Can I get custody?

What do I do to gain shared custody of my now 13-year-old child? I do not have a current job (due to a medical problem), and I am living in…

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Child custody: What is it? Do women get custody of a baby?

What is child custody? In America, do women get custody of a baby? “Child custody” is defined in Black's Law Dictionary (10th ed. 2014) as follows: 2. Family law. The…

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Lay v. Lay – 2018 UT App 137 – § 30-3-35.1 parent-time not mandatory

2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan…

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Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality

This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…

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Smith v. Robinson – 2018 UT 30 – false allegations of sexual abuse

This opinion is subject to revision before final publication in the Pacific Reporter 2018 UT 30 IN THE SUPREME COURT OF THE STATE OF UTAH ROCIO SMITH, Appellant, v. KAYELYN…

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Perspective of a Law Student: How my views on court decisions have changed

Perspective of a Law Student: How my views on court decisions have changed after 2 years of law school by Alyssa Miller Before law school I perceived court cases and the…

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Mower v. Children’s Center – 2018 UT 29 – false memories or false allegations of sexual abuse against a parent

(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication…

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Noncustodial Parents: Understanding Parent-Time

Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who…

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Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?

QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…

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What can I do if my ex has tens of thousands and plans on taking me to court repeatedly in different states until my ex gets full custody?

What can you do if your ex has tens of thousands to spend on child custody litigation and plans on taking you to court repeatedly in different states until your…

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How Utah courts have parents take care of their children after divorce

Child Custody: How do courts provide for parents to take care of their children after divorce? When parents divorce, one of the biggest potential conflicts is the question of child…

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Am I disadvantaged in a child support case, if the other parent has a lawyer and I don’t?

What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn't another attorney…

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What are the legal repercussions of posting an email chain between myself and my daughter’s custodial parent exposing her downright shady behavior?

What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…

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Why do we allow attorneys to profit from the harm of children?

Look, I love you, brother, but this isn’t really a question, it’s a lame lament, and I will show you why. First, there are plenty of horrible lawyers out there…

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Why are women generally awarded child custody more often than men?

QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…

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Kentucky Now Leads the Nation in Shared Parenting After Divorce

National Parents Organization Celebrates Landmark Kentucky Shared Parenting Law NATIONAL PARENTS ORGANIZATION | PRESS RELEASE April 26, 2018 NATIONAL PARENTS ORGANIZATION CELEBRATES LANDMARK KENTUCKY SHARED PARENTING LAW With Governor Bevin’s…

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Who has rights to custody of children after divorce, the mother or father?

Who has more rights to claim the custody of their child after divorce, a mother or father? The answer the legal profession wants you to believe and that the law…

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Should I feel “guilty” because my ex-wife pays child support?

Should I feel "guilty" and "ashamed" because a “friend of the court” determined my soon to be ex-wife should pay me child support as part of the divorce settlement? It…

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How could a mother or a father claim a child’s custody?

How could a mother or a father claim a child's custody? Custody is not something a parent usually “claims”. Biological parents of child already legally have custody of their children.…

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Why you should settle the issue of child custody out of court, if you reasonably can

Why you should settle the issue of child custody out of court, if you reasonably can: Shuman v. Shuman, 406 P.3d 258, ¶ 10, 2017 UT App 192: We are,…

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“No guns in the house until child is 18” order reversed

Family court to father: No guns in the house until child is 18 Washington Post By Eugene Volokh March 17, 2015 https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/17/family-court-to-father-no-guns-in-the-house-until-child-is-18/?utm_term=.ef6b700d1996 But last week’s In re Parentage of M.A.R.R. (Ill. Ct. App. Mar.…

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The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes?

The court awarded my ex custody of our kids, but they live with me. Can I legally claim them on my taxes? Here’s the answer as it applies under Utah…

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Child Custody and Where the Children Attend School

How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…

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Who gets the house, if one of us had an affair?

After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…

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How would child support be calculated for a father who remarried and has 4 other children living with him?

How would child support be calculated for a father who remarried and has 4 other children living with him? Here is the law in Utah: If the children are stepchildren…

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Yes, there is a bias in favor of mothers in child custody disputes, but not for much longer.

Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…

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Can I represent myself in a child custody dispute and win?

Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…

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What if I don’t want custody of my child post-divorce?

What if I don't want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of…

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Why does the mom usually win custody of her kids in a divorce?

Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…

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K.P.S. v. E.J.P. – 2018 UT App 5 – Utah Court of Appeals – January 5, 2018

2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul…

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What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?

Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…

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My ex is threatening to relocate out of state with our kids!

QUESTION: My ex-wife tonight, in a fit of anger, told me that she is going to move to another state with our kids (her current boyfriend lives there). I’m not…

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My ex just announced he’s taking the children during my parent-time.

QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time.…

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Can I sue for the child support I paid after our child started living with me?

QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…

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How can I call my 10-year-old as a witness to say where she would like to live?

QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…

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What if my spouse won’t complete the divorce orientation and education courses?

What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…

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Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?

A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…

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Does child support still continue while child is in college? 

QUESTION: I was wondering if a child goes to college but still lives with a parent, does child support still continue while child is in college? ANSWER: The Utah Code…

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