Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring…
You pose two very good questions, and there are very good answers to each of them. Question 1) What is the point of granting divorced parents joint custody and splitting…
In Utah, the law does not require divorced parents to pay for an adult child’s education. Divorcing parents can agree that one or both parents will fund some or all…
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,…
If he poses a danger to you, then yes. The fact that a child you share lives with him will not prevent you from obtaining a protective order against him…
You need to ask some other questions first before you get to the answer to the question of how long it will take. First, can you prove parental alienation to…
I can answer this question as the law applies in the jurisdiction where I practice divorce and family law (Utah), and you may find my answer useful in conducting the…
We have joint custody in Nevada. I’m in California now. Is it wrong to ask them to take my child to me because of my location? Do mean to ask,…
Great question. I wish I had a pleasing answer to it for you. I can’t speak for all jurisdictions, but in Utah (where I practice law and handle child custody…
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…
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 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…
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…
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…
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…
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.…
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…
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 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…
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%?…
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)…
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
All you need to know regarding what your first steps should be is this: determine whether you have a winning case for being awarded full or sole custody of 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…
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…
While I cannot tell you what is meant by "settlement conference for child custody" in every jurisdiction, I can tell you what it means in the jurisdiction where I practice…
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…
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…
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…
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…
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…
That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…
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…
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…