In Utah, as in other states, courts deciding child custody and parent-time disputes are charged with applying the “best interests of the child” standard. That standard is necessary, but it…
If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…
Most parents in Utah assume that when they separate or divorce, the court will start from a position of splitting custody evenly. That’s a reasonable assumption—shared parenting has become the…
Simply put, normal children of divorced or separated parents want their parents: not to make custody a turf war. Honor your children’s right to a strong loving and trusting, relationship…
Wallace v. Wallace - 2024 UT App 164 THE UTAH COURT OF APPEALS JAMES DOUGLAS WALLACE, Appellee, v. JOANNA JUNE WALLACE, Appellant. Opinion No. 20220559-CA Filed November 15, 2024 Third…
Lerman v. Lerman - 2024 UT App 155 THE UTAH COURT OF APPEALS DEREK LERMAN, Appellee, v. MICHELLE LERMAN, Appellant. Opinion No. 20230913-CA Filed October 31, 2024 Second District Court,…
“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What…
2024 UT App 54 - Tilleman v. Tilleman THE UTAH COURT OF APPEALS MICHAEL ROBERT TILLEMAN, Appellant, v. MICHAL CHRISTINE TILLEMAN, Appellee. Opinion No. 20210637-CA Filed April 11, 2024 Fourth…
Some people believe that child support is the same for all parents. They believe that every parent who is ordered to pay child support pays the same amount of money…
What are the child custody factors that judges consider when determining what's in a child's best interest in custody disputes according to Utah’s family law statutes? The main factors are…
Another bill under consideration during the 2024 Utah legislative session is House Bill 193 (HB0198 (utah.gov)). This bill would, if passed into law, 1) make clear that a “totality of…
Another potential law up for consideration in the 2024 Utah legislative session is H.B. 194. This bill would, if passed, amend provisions relating to adoption and child placement by amending the…
In re A.S.G.-R. - 2023 UT App 126 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.S.G.-R., A PERSON UNDER EIGHTEEN YEARS OF AGE. G.R., Appellant,…
If I understand your question correctly, you're wondering if the court will fault for your ex-spouse's claims that you are failing to act responsibly when it comes to making and…
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,…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
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%?…
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…
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…
While there are some judges, perhaps even some jurisdictions, that are outliers, the answer to your question is: generally yes, no question about it. While the preference for and…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. …
What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311 …
When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of…
What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…
How can I reveal my soon-to-be ex as having NPD in our child custody case? You're asking the wrong question. You shouldn't be asking how you can prove your spouse…
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah,…
How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not…
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…
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…