Best Interest of the Child Archives

In Re J.E. 2023 UT App 3, Voluntary Declaration of Paternity

2023 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.E., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.E., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210921-CA Filed January 20, 2023 Third District…

In a Divorce, Why Do Courts Want to Know About Other Persons Living in the Home, Not Involved in the Divorce and Their Income?

January 11, 2023

Divorce Utah

Best Interest of the Child, Uncategorized

court, home

There could be many reasons. Here are a few of the most common (not an exhaustive list, but a list of many reasons why a court may want to know about other persons (and/or their income) living in a spouse’s/parent’s…

What Happens if I Get Married to Someone With Kids Then Get Divorced? Do I Get To See the Kids?

January 10, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Co-parenting, Custody, Utah Code

best interest of child, child custody, custody, visitation

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 jurisdiction where I practice divorce and family law (Utah). We…

Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

December 30, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Divorce, Family Law, Fathers' Divorce Issues, Women's Divorce Issues

best interest of the child, child custody, divorce, due process, First Amendment, Fourteenth Amendment, harm, legal custody, physical custody, religion, religious, religious teaching

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 Appeal of Final Decree of Divorce Third District, Salt Lake…

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, “What is the likelihood of reverting to 50-50 custody.” Your…

My children’s father is a bum. Can he get 50/50 custody awarded?

The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%? His hours always vary from 4pm 7pm 9pm even 2am…

How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

December 6, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Custody, Legal Custody, Modification of Child Custody

custody, Parent Time, sole custody

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 minds of most legislatures, judges, and lawyers. Back then, married…

What happens when the child violates the custody and parent-time agreement and court orders?

November 24, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Physical Custody, Uncategorized

custody, minor children, Parent Time

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 to enforcing child custody and parent time orders. I researched…

Which is more difficult for children: parents getting a divorce or parents getting an annulment?

November 16, 2022

Divorce Utah

Annulment of Marriage, Best Interest of the Child, Children in Divorce, Divorce

annulment, children, children of divorce, divorce

Both result in Mom and Dad no longer living together with their children. Divorce ends a marriage, and annulment results in a legal and religious ruling that the marriage does not exist and never did. If you were curious, modern…

What can I do if my ex won’t stop taking me to court?!

My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she hasn’t had to get a lawyer and it’s obviously harassment…

What is a Settlement Conference for Child Custody?

October 21, 2022

Divorce Utah

Best Interest of the Child, Child Care Costs

child custody, lawsuit, mediation, settlement conference

While I cannot tell you what is meant by “settlement conference for child custody” in every jurisdiction, I can tell you what it means in the jurisdiction where I practice child custody law (Utah). The term “settlement conference” means a…

What does temporary custody without prejudice mean?

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 order? For obvious reasons and necessity. If to parents are…

Can being a noncustodial parent improve the child-parent relationship?

Can being a noncustodial parent improve the child’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: Anecdotally: When my parents separated I felt I saw my…

Are you going through a child custody dispute in court, or contemplating one?

October 10, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Divorce, Finances, Modification of Child Custody

child custody dispute, custody, divorce, Rule 4-903

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 attention to this post. Like many jurisdictions, Utah has a…

Child refuses to exercise shared custody with the stricter parent

Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I’m a stricter parent unlike my ex who lets him play computer games all day and…

What are the primary parenting issues of concern by the court?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a divorced parent must pay for a child’s school fees. I…

My estranged father keeps asking me for money, what do I do?

My parents are divorced, my father has no savings, he didn’t work for the entire period of their marriage, we were estranged for a while and now we are back, but now he keeps asking me for money, what do…

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, no, it is not acceptable. In the jurisdiction where I…

Are there experts who can evaluate parental alienation for a custody case?

There are “expert” witnesses for virtually any and every issue in legal actions. Can judges be bamboozled by pseudo-scientific expert witnesses? Without question. Do some judges who know that the so-called expert witness’s testimony is pseudo-scientific bunk (or at least…