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…
Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19?
Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild…
Allen v. Allen – 2021 UT App 20 – custody, alimony, child support
Allen v. Allen - 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No.…
2020 UT App 171 – Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. BRENDA MILLER, Appellee
2020 UT App 171 - Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington…
If a parent disappears for five years, what are his/her chances of winning child custody?
If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible…
My ex allows our children to watch TikTok. Is this grounds for seeking full custody?
My ex allows our children to watch TikTok. Is this grounds for seeking full custody? I forbade my child from watching TikTok because I worry it lowers IQ. However, my…
Can I kick my spouse out of the house without his/her consent?
Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are…
What happens after an affair when you have kids?
What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon…
How can I get full custody, when I don’t trust the other parent with the baby?
How can my friend leave the father of her baby and get full custody, when she doesn’t trust him to look after the baby by himself? The mother (or any…
Are prenuptial agreements used only to avoid divorce settlements?
Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually…
How do courts view mothers who abandon their family during a divorce?
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
For divorced parents: why isn’t your custody award 50/50?
For divorced parents: why isn't your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or…
Can a mother keeping the children from the father work against in custody litigation?
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
If you haven’t seen “Erasing Family” and you’re going through a child custody dispute
If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…
Do I have a chance in divorce court without a lawyer? Do I really need one?
A chance? Sure. You have a chance. And you have a chance of winning the lottery, just not a very good chance of it. You may not want to read…
Judge Judy on Family Court
Regardless of whether you may agree with Judge Judy's values or opinions, the fact is she has attracted our attention as a candid and no no-nonsense legal mind. Did you…
Why does it seem like courts are against fathers when it comes to custody?
Why does it seem like courts are against fathers when it comes to custody? Because while the courts are becoming less and less biased against fathers as time goes by,…
What does a judge ask a child in a custody case?
In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly…
Do you agree with the decision to temporarily take custody from an ER doctor’s child due to potential exposure to COVID-19?
Do you think it’s fair that a judge temporarily stripped Dr. Theresa Greene, of North Miami, of custody of her 4-year-old daughter because the doctor works with COVID-19 patients? Do…
Is it advantageous to lie and sling mud at the other parent to win custody?
Today's question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part…
Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020
Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020: Second District NOTICE REGARDING DOMESTIC CASES AND COVID-19 As commissioners in the Second District Court, we anticipate…
I’m a year sober. Can my alcoholism hurt my child custody chances?
I'm an alcoholic who endured domestic violence in my marriage. My husband exploited my addiction when he wanted an excuse to replace me. Now he's trying to use it as…
Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?
“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week…
If a mother served 10 years in prison, what rights does she have on release?
If a mother who is sentenced to 10 years in prison leaves her children to be raised by their grandmother, has she a right to demand they live with her…
Can I petition the courts for custody of a homeless child?
Yes. In the jurisdiction where I practice family law, there are several ways to seek and obtain custody of child who is not your biological offspring: petition for guardianship petition…
How is the custody going to work after separation?
After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation?…
Why don’t the police help more with custody and parent-time enforcement?
In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes…
Why can a child refuse to live with a parent as court ordered?
Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to…
What are some interesting facts about child support?
Unless the court orders otherwise (and I have yet, after 22 years in practice, to see a court order otherwise), if you lose your job, you still have to pay…
Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?
Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…
Can children choose with which parent they will live?
How much input do you let your child have in deciding who they're going to live with or which parent they'll be spending more time with? This is a question…
Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases
UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109…
2019 Utah Legislative Session – parentage, child custody factors
Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019. The legislature amended section 78B-15-610…
Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker
2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…
Can a stepparent get custody of a stepchild, if the biological/adoptive parent’s parental rights are terminated?
Question: If a child's parents were to lose custody of him, and the only family member left was the stepparent's family (not legally related), would the stepparent(s) get the child?…
What useful things can Jeff Bezos’s divorce can teach us
Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances…
Why don’t some people fight for custody of their children?
Why don't some people fight for child custody in some divorce or child custody cases? Others have explained why, in their particular situations, they felt that while they desired custody,…
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…
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…
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…
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…
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 precautions have you taken to avoid custody battles over your frozen embryos?
What precautions have you taken to avoid custody battles over your frozen embryos? In Utah, the Utah Code contains these provisions regarding frozen embryos: 78B-15-707. Parental status of deceased spouse.…
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…