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Best Interest of the Child

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In re A.B. – 2021 UT App 91

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt Lake Department The Honorable Julie V. Lund No. 1174795 Steve…

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 request seriously and grant it is a separate question. Would…

Should a father who has shared custody see the child son when there is a hospital emergency?

August 20, 2021

Best Interest of the Child, Child Custody, Children in Divorce, Custody, Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Women's Divorce Issues

child custody, Child Support, custody emergency, hospital custody, joint custody

Should a father who has shared custody rights of his child still see the child son when there is a hospital emergency? If your child is in the hospital during your time of custody should you be with the child…

Pro-fairness and Pro-child

Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a comment on this video: Do you think it’s fair that…

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?

August 6, 2021

Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parenting Plan, Women's Divorce Issues

custody, divorce, joint custody, nesting, parenting

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 back and forth between their divorced parents’ respective homes, so…

Why would my ex block contact with my child when we have shared joint custody?

July 22, 2021

Alienation of Affection, Best Interest of the Child, Child Custody, Children in Divorce, Custody, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Parental Rights, Women's Divorce Issues

alienation of affection, Children in Divorce, contact, joint custody, maintaining relationship with child

Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly and seriously harming the child emotionally and/or psychologically; the court…

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 prevent their father from killing them or from causing serious…

How does a divorce and separation from one parent affect children’s future relationships? Can this cause trust issues or commitment issues in the kids’ future relationship?

Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course. How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship that is not only part and parcel of their own…

Can a divorced parent with the parties’ child primarily lives stop the child from switching to live with the other parent?

July 13, 2021

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Fears, Family Law, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Physical Custody, Women's Divorce Issues

custody, divorce, 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 I do to stop this child from living with the…

What are some cases of extended relatives getting visitation rights with children?

July 12, 2021

Best Interest of the Child, Family Law, Grandparent rights, Parental Fitness, Parental Rights, Stepchildren, Stepparents, Utah Code, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

grandparent visitation rights, petition to terminate parental rights, standard of proof, visitation rights for extended family members, visitation rights for non-family members

In Utah, that question has been thoroughly discussed on the subject of grandparent visitation rights in the case of Jones v. Jones. and if you don’t want to read the rest of my answer, Jones vs. Jones set an extremely…

Should a child whose rights are not protected be held accountable?

July 8, 2021

Best Interest of the Child, Child Abuse, Child Neglect, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child, denial, denied, protected, rights, unprotected

If one’s rights are not protected, then one’s rights are being denied. And one whose rights are not protected cannot, in one sense, be held accountable/responsible for his/her exercise of those rights, if for no other reason than that one…

Do you think it’s fair that Brad Pitt got joint custody of his kids?

Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does not arise or get handled the same way as would…

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?

July 5, 2021

Abandonment and Desertion, Best Interest of the Child, Child Custody, Custody, Evidence, Family Law, Parental Rights

child custody, court, custody, never ask, never asked, weight, writing, written agreement

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. Just because a parent may, at one point in time,…

Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

July 2, 2021

Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Physical Custody, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Personal Property, Physical Custody, Preparing for Divorce, Property Division, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

attorney's fees award, interspousal gifts, joint equal physical custody, joint parent-time, joint physical custody, marital property, Nakkina v. Mahanthi - 2021 UT App 63, Utah Court of Appeals

Nakkina v. Mahanthi – 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No.…

When flawed thinking is tragic thinking (thank goodness)

I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful because they reveal a common and recurring flaw in so many people’s thinking—and identifying the…

Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?

I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie and Brad Pitt are. I don’t know what findings the…

How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the “real” reason they are denied sole or even joint custody…

Do you automatically lose your kid if CPS takes you to court?

No, but if CPS or DCFS or DFS or whatever your jurisdiction calls that particular agency of the state filed an action in court to place your children in foster care and/or to terminate your parental rights, the odds are…

After a divorce, should my kids be with me or with the mom?

June 1, 2021

Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues

child custody, fathers, joint custody, joint equal custody, legal custody, mothers, parent, parents

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…

Why is it OK for a parent to be given custody without their kids’ consent?

May 28, 2021

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Expert Witnesses, Family Law, Fathers' Divorce Issues, GAL (Guardian ad Litem), Holiday Parent-time, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Women's Divorce Issues

child custody, child custody award, child custody cases, custody and parent time analysis, custody award, custody evaluators, desires Utah Code Section 30–3–10(5)(ii), directly, experiences, free of charge, guardians ad litem, interview children, judge interview, judge interview children, kids’ consent, kids’ input, less time, no cost, not on the record, not talk to children, observations, on the, opinions, plausible excuse, policy, preferences, thousands of dollars, value

Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all lawyers, and the laws and rules governing what the courts…

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