How Do Custody Laws Work if the Child Is Eighteen, but in High School?
I can’t answer this question as it applies in all jurisdictions, but I can tell you what the law is and how it applies in the jurisdiction where I practice…
If You Have Sole Physical Custody, Does That Mean Your Ex Can’t Take Your Child Out of State Without Your Permission?
I can't speak for what the law is in all jurisdictions, but I can tell you what the law is in the state of Utah, and how the law applies…
My Mom Has Full Custody of Me. Can I Legally See My Dad When I Turn 18 Without Him Getting in Trouble?
I cannot answer this question for all jurisdictions, but I can tell you how the law applies in the jurisdiction where I practice divorce and family law (Utah). A divorce…
What Happens if I Get Married to Someone With Kids Then Get Divorced? Do I Get To See the Kids?
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…
Is It Good to Decide to Be a Single Father?
Only if it’s worse for the child to be reared by both his/her father and mother because the mother is unfit or an irremediable danger to the child. Kids deserve…
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…
Is 50/50 custody likely when the parents live in the same neighborhood?
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,…
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)…
How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?
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…
What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?
Your question presumes that the judge heard from the child. In many cases (frankly most), even though the child has the greatest stake in the child custody award dispute, the…
What happens when the child violates the custody and parent-time agreement and court orders?
One of the increasingly worst kept secrets in Utah divorce and child custody law is the fact that after a certain age, minor children are essentially ungovernable when it comes…
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…
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…
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,…
Is it possible to get court transcripts for custody hearings?
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. …
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…
How does someone take custody of a child after winning custody?
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 way to request a change of the child custody order?
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…
Is appointing a guardian ad litem helpful in custody cases?
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,…
What are the chances of a mother getting full custody?
In my experienced opinion: If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of…
If both parents are wonderful, will the court still favor the mother?
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…
I’m 14 and my mom is making me live with my dad. How do I stop this?
I'm 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and…
Why isn’t 50/50 custody the default resolution in child custody cases?
I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…
In a divorce, should children live with their favorite parent?
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
Do you lose child custody if you have a bench warrant?
Not merely for having a warrant out for your arrest, no. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311
How can I enforce my power when I have final say in joint custody?
My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good…
How can I help my step-child get away from an abusive mother?
How can I help my 12-year-old step-daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not…
Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors
Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…
T.W. v. S.A. – 2021 UT App 132 – child custody
2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
What is it like to battle for custody with a narcissist?
Miserable. Narcissists know how to game the system, to exploit its weaknesses, to exploit all that is good in human nature and institutions for destructive ends. It’s virtually impossible to prove that a narcissist is engaging in such misconduct because one of the things that makes a narcissist a narcissist, and so maddeningly effective…
Have you, or someone you know, ever had to share joint custody of a pet due to a breakup/divorce? If so, how did that work out? Was the time actually 50/50?
Many married couples are now foregoing having children but still feel a need for caring for something other than themselves individually and for each other, and so they get a…
Parental alienation
I just read the following comment made by a viewer of my UFLTV parental alienation interview with Kelly Peterson. This viewer wrote, “So basically, parental alienation is proved by documenting the instances…
How do I get custody back of my child if the custodial parent is not keeping the child safe?
The best way to phrase this question is as follows, “How do I get an order awarding custody of our child to me, if I assert as the basis for…
I have no money and a non-cooperative ex, how do I get legal help?
How can I obtain assistance in a custody matter when I have no money and my ex-husband is not following the current court order? In some jurisdictions there are legal…
How do courts insist upon custody evaluations being conducted?
With rare exception in Utah (so rare that it might as well be non-existent), the way courts insist upon custody evaluations being conducted consists of: the court imposing one and…
If a married couple divorces and neither one wants their child, what happens?
Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that…
How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work
Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint…
Can a narcissist get custody of a child?
Of course. First, even if one could prove a parent suffers from narcissistic personality disorder (NPD), merely suffering from this condition wouldn’t automatically disqualify a parent from being awarded sole…
My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?
Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…
How can I get an emergency hearing for custody and child support?
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
Can someone go to court to prevent their un-vaccinated ex from taking the kids, even though they share 50-50 custody?
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
2021 UT 36 – In re E.R.
2021 UT 36 – In re E.R. IN THE SUPREME COURT OF THE STATE OF UTAH State of Utah, in the interest of E.R., a person under eighteen years of age J.R., Petitioner, STATE OF UTAH, Respondent. …
How would it be, if when a couple with children divorce instead of custody the court requires them to secure a stable home for the children and require the parents to shuttle around every week?
This is something that many parents already do. It is often known as “nesting”. Some parents feel it would be best for their children if they don’t have to shuttle…
Law from a legal assistant’s point of view, week 4: Trial by fire
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.
I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to…
Can a divorced parent with the parties’ child primarily lives stop the child from switching to live with the other parent?
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?
Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No.…
Can I legally stop talking to my dad if he has custody (I live with my mom full time, but he’s still legally my parent as well)?
This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address. First, is there any legally permissible and practicable…
What exactly does the term “will make best efforts” mean in a child custody case?
Great question. Here's a good summary taken from the world of contract law (frankly, the definition of the term “best efforts” likely applies equally well when the term is utilized…
Can a mother lose custody even if the child is still very young?
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…