How can I get the custody of my child? What factors does the court consider?
How can I get the custody of my two-year-old son in court? I am an SFG in service, not always at home, but I can give my child to my…
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…
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,…
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…
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…
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…
If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children?
If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children? In my opinion, 9.5 times out of 10 the…
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…
Divorce Costs: what’s the average cost, when child custody is contested?
How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000. But, as you will see if you read and watch…
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?…
What can I do if my child’s mother is keeping her away from me because she has a CPO against me for an unproven accusation even though I have majority physical custody and sole legal custody?
If the CPO (child protective order) against you does not award custody of the child to your ex, then I second the answer of Michael Smith in this thread: You…
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…
“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.…
Do underage children have any say in custody in the U.S.?
Do underage children have any say in custody in the U.S.? In my jurisdiction where I practice family law (Utah), the answer may be hard to discern by reading the…
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…
Shuman v. Shuman, 2017 UT App 192 – child custody and support, marital assets and debts, medical and child care expenses
2017 UT App 192 THE UTAH COURT OF APPEALS CATHERINE JANE SHUMAN, Appellee, WESLEY ROBINSON SHUMAN, Appellant. Opinion No. 20160226-CA Filed October 19, 2017 Third District Court, West Jordan Department…
What are the odds of a ballot measure for 50/50 custody?
What are the chances of a ballot measure in CA for a rebuttable presumption that child custody should be 50/50 if both parents wish at least 50%? Slim. This isn’t…
Is a Disabled Parent Prohibited from Being Awarded Custody of a Child?
QUESTION: Could my dad get custody of my sister and me when he's on disability/welfare? My mom has had sole custody since the divorce decree was first issued. My mom…
Bullet Proofing Your Summer Parent Time – Part 1 of 4 Series
BULLET PROOF ADVANCE NOTICE Note: This is the first of four blog postings on bullet proofing your summer parent time, that I’ll publish in as many weeks. You will want…
Bullet Proofing Your Summer Parent Time – Part 4 of 4
BULLET PROOF YOUR HEARING Note: This is the fourth of four blog postings that I’ll publish in as many weeks. You will want to read them all (and likely want…
Bullet Proofing Your Summer Parent Time – Part 2 of 4
BULLET PROOF YOUR REQUEST FOR COURT ASSISTANCE Note: This is the second of four blog postings that I’ll publish in as many weeks. You will want to read them all.…
Bullet Proofing Your Summer Parent Time – Part 3 of 4
BULLET PROOF YOUR MOTION YOU FILE WITH THE COURT AND YOUR ARGUMENT IN COURT Note: This is the third of four blog postings that I’ll publish in as many weeks. …
Custodial Interference and Writ of Assistance
One of the ways you can enforce your parent-time or custody rights is through a Writ of Assistance. You should know up front that most judges and court commissioners consider…
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala Zavala v. Zavala, 2016 UT App 6 Opinion…
Joint Legal Custody With “Tie-Breaking Authority” or “Final Say” Isn’t Joint Legal Custody
Joint Legal Custody With "Tie-Breaking Authority" or "Final Say" Isn't Joint Legal Custody So you’re sitting at your desk in your office when the IT guy walks in and says,…
What you need to know when a Guardian ad Litem is appointed
In many (too many, in my opinion) divorce and family law cases in Utah (and other states) an attorney is appointed to “represent the interests of the children.” This attorney…
Bullet-Proofing Your Holiday Parent-time: Send Notice in Writing NOW
Bullet Proofing Your Holiday Time: Send Notice in Writing NOW Many divorced or single parents have issues with parent-time, not because they can’t use a calendar or make a plan,…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 4 of 4)
"The fairest rules are those to which everyone would agree if they did not know how much power they would have.” — John Rawls Quarreling means trying to show that…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 3 of 4)
This blog post covers provisions that are not required by Utah law to be in a parenting plan but that you either are allowed to include in the parenting plan…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 2 of 4)
Every Utah parenting plan must contain the following minimum provisions: Provisions for resolution of future disputes between the parents. This means: A process for resolving disputes, unless precluded or limited by…
What Is a Parenting Plan and How Can I Make Mine Rock?! (Part 1 of 4)
Utah Law requires that all joint legal and/or joint physical custody arrangements have a “parenting plan”. “Parenting plan”. It has a nice ring to it, doesn’t it? I mean who…
Battling Custodial Interference – Criminal Prosecution
So what can you do the battle custodial interference if local law enforcement and the city and county attorneys won’t? Check out our blog posting on motions for order to show…
Can Step-Parents Get Custody if a Child isn’t their Biological Child?
Can step-parents get custody or visitation of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just how…
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