Great question (and follow up questions). What are some types of 50-50 custody? No matter what you call it (whether “50–50” or “50/50″), the meaning is the same: the children…
Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…
In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…
I’ll assume that what you mean by “my ex and I have joint custody” is you and your ex share physical custody of your child. I’ll also assume that in…
What do you do when your spouse threatens to walk out and take the children even though you have been an equal and contributing partner in the marriage? It is…
I have been asked by a reader to answer two questions. The first: whether I believe courts generally apply a double standard in the treatment of mothers and fathers when…
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
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,…
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…
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…
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 …
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
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…
If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work…
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or…
How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get…
What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent…
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…
How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question…
There are many, many factors the judge will consider. I’ll list them. First and foremost is: distance between the parents. If the parents don’t live close enough to each other…
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?…