Best Interest of the Child Archives

Have we reached the point where mothers are not immediately deemed the best candidates for child custody?

Almost, but not yet. Until recently, it wasn’t just a cultural norm, but a legal principle that presumed during a child’s “tender” years (generally regarded as the age of four and under), the mother should have custody of the child…

Is it ever a good idea to postpone a divorce for the ‘children’s sake’?

January 2, 2019

Divorce Utah

Amicable Divorce, Best Interest of the Child, Children in Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

divorcing after the kids are adults, staying together for the kids' sake

Ever? Certainly. Always? No. (and remember: though I’m a divorce lawyer, that does not mean I am a raving fan of divorce. I’m not. Rarely does even the “best divorce” measure up to a “sufficient marriage”) While it is clearly…

Morality Clause: Can Include One in My Decree of Divorce?

January 1, 2019

Divorce Utah

Best Interest of the Child, Children in Divorce, Cohabitation, Contempt of Court, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Unwed Parents, Women's Divorce Issues

morality clauses

Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is against the religious teachings in our faith. Yes. In Utah…

A list of common, but very good, Utah divorce questions (with answers)

ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE WILLING TO ANSWER A FEW QUESTIONS FOR ME (IN ALL…

Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees

Erickson v. Erickson – 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District Court, West Jordan Department The Honorable L. Douglas Hogan No.…

My mom has full custody, but I want to live with my dad. What do I do?

September 18, 2018

Divorce Utah

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

My parents got divorced when I was 3. I’m currently 14. My mom has full custody of me, but I want to live with my dad full time in Denver, CO. What do I do? You want my honest opinion?…

In re B.T.B. 2018 UT App 157 – termination of parental rights and what is “strictly necessary”

In re B.T.B. 2018 UT App 157 This is from an e-mail I received from the Utah Parental Defenders, a truly good organization that supports attorneys who represent parents when the state petitions to curtail or terminate parental rights in…

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 your children will live with after you and your ex-spouse…

Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?

July 11, 2018

Divorce Utah

Best Interest of the Child, Child Care/Surrogate Care, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Coping With Divorce, Dirty Tricks, Divorce Mistakes, Divorce Preparedness, Parent Time, Visitation

clothes, clothing, keep, Parent Time, return, visitation

QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad’s place? He has been requesting that I send specific items with the kids for his weekends (stuff like swim shirts, church clothes,…

If my ex makes the kids late for school, am I responsible?

March 28, 2018

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Education, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

non-compliance, noncompliance, Parent Time, school, truancy, visitation

What happens if a non-custodial parent habitually brings a son back days late from a visitation, resulting in unexcused absences from school (kindergarten)? Am I responsible for the truancy? The school district/truancy officer can’t offer any advice. What happens (present…

Child Custody and Where the Children Attend School

March 27, 2018

Divorce Utah

Best Interest of the Child, Child Custody, Children in Divorce, Coping With Divorce, Custody, Dirty Tricks, Divorce Mistakes, Divorce Preparedness, Education, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Women's Divorce Issues

How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not like, but nevertheless already knew: whichever parent persuades the judge…

Who gets the house, if one of us had an affair?

March 26, 2018

Divorce Utah

Adultery, Assets/Debt/Property, Best Interest of the Child, Children in Divorce, Coping With Divorce, Dirty Tricks, Division of Marital Property, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Extramarital affairs/Adultery, Marital Home, Marital Property, Property Division

who gets the house?

After 1.5 years trying to reconcile after my wife’s 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had the affair, so I think she should be the one to…

What is your favorite child custody arrangement?

March 15, 2018

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Parent Time, Visitation

2-2-3, 2-2-5-5, 3-4-4-3, custody schedules, parent-time schedules, visitation schedules

What are your favorite child custody schedule? Alternating weeks, 2–2–3, 3–3–4–4, or something else? Without regard to any other considerations that would affect a custody schedule, my favorite schedule generally is neither the 2-2-3-3 or 3-3-4-4. I like the 2-2-3…

In which developed country is there equal rights for moms and dads in child custody cases?

March 13, 2018

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Custody Evaluation, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

In which developed country is there equal rights for moms and dads in child custody cases? What an astute question (whether you realize it fully). I live in the United States of America, which I believe most people would agree…