Best Interest of the Child Archives

Can the Non-custodial Parent Consent to a Tattoo for His/Her Minor Child?

June 9, 2023

Best Interest of the Child, Utah, Utah Code, Utah Law

Can my non-custodial parent consent to a tattoo for me? I’m a minor and my mom has full custody of me. She’s thought about allowing a tattoo but has never gone through with it. My dad would be for me…

We Have Joint Custody, but I’ve Moved to Another State. Is It Wrong to Ask My Ex to Bring Our Child to Me?

June 6, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Co-parenting, Family Law, Joint Legal Custody, Joint Physical Custody, Parent Time

child custody, moving out of state

We have joint custody in Nevada. I’m in California now. Is it wrong to ask them to take my child to me because of my location? Do mean to ask, “Is it wrong to ask the other parent to do…

What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child’s mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is also the custodial parent with full custody rights, so she…

How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t do much, if anything, during the actual hearing, with the…

State in Interest of P.J.R., 2023 UT App 27

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA Filed March 23, 2023 Sixth District Juvenile Court, Manti Department…

Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity

2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20, 2023 On Certiorari to the Utah Court of Appeals Third…

How Will You Go About Settling Disagreements With Your Spouse That Affect the Child?

April 19, 2023

Divorce Utah

Best Interest of the Child, Children in Divorce, Co-parenting, Custody, Divorce

children, dissagreement, divorce, settle disagreements

Answers to this question could take up an entire book (actually, it could take up many entire books, and it does—literally millions of pages have been written on this subject). Your options and those of the other parent essentially boil…

If Parents Are Unable to Care For Their Children, Do Grandparents Have the Legal Right to See Them?

April 7, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Family Law, Grandparent rights, Parent Time, Utah Law

child custody, Grandparents rights

I cannot answer this question as the law applies in every jurisdiction, but I can give you the answer as the law applies in Utah, which is the state where I practice divorce and family law, which includes a great…

State In Interest of B.W. – 2022 UT App 131

State In Interest of B.W. – 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years of age. H.W., Appellant, v. State of Utah, Appellee. No.…

U.S. Marriage and Divorce Statistics

March 10, 2023

Divorce Utah

Abuse, Adultery, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Child Support, Children in Divorce, Custody, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Fault, Finances, Grounds for Divorce, Infidelity, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Separation, Settlement, Substance Abuse, Visitation, Women's Divorce Issues

Contributing factors to divorce, Divorce and political affiliation, Divorce effects on children, divorce rate in the United States, Divorce rates by addiction & mental health, Divorce rates by age, Divorce rates by education level, Divorce rates by ethnicity, Divorce rates by financial stability, Divorce rates by gender, Divorce rates by generations, Divorce rates by occupation, Divorce rates by religion, Divorce rates by social media, Divorce rates for interracial couples, Divorce statistics by state, How close friends or family impact divorce rates, How coworkers can increase divorce rates, How divorce affects couples with kids, How parents’ relationships affect divorce rates, Impact of divorce on child custody and child support., Military divorce rates, Same-sex divorce rates, The financial impact of divorce, Top divorce statistics you should know, What are the most common reasons for divorce?, Where you met

My name is Stephanie from flingorlove.com and honestly, I usually wouldn’t bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics and put it all together in a massive blog post…

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them https://www.propublica.org/article/parental-alienation-utah-livestream-siblings#:~:text=Two%20siblings%20in%20Utah%20have,had%20sexually%20abused%20the%20children Is there any question whether the court would…

The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules

From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

March 2, 2023

Divorce Utah

Adoption, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Child Protective Services, Child Support, Court Orders, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, Grandparent rights, Guardianship, Ineffective Assistance of Counsel, Judges, Juvenile Court, Mental Illness, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Substance Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Law

2021 UT 19, 455 U.S. 745, 530 U.S. 57, 648 P.2d 1364, abandonment, abuse, adoption, appeals, best interest, clear and convincing evidence standard, deference, federal and state constitutions Troxel v. Granville, foster parents, fundamental rights, guardianship, In re G.D., In re J.P., juvenile court, lower court findings, most important rights, neglect, parental rights, permanent guardianship, present-tense fashion, relatives, reverse, right of parents to raise their children, Santosky v. Kramer, stipulation, strictly necessary, termination, two-part test, United States Constitution, Utah Code § 80-4-104(1)

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.J.H. AND S.H., Appellants, v. STATE OF UTAH, Appellee. Opinion…

Who Has the Ultimate Decision Making Authority in a Child Custody Case, the Parents, the Lawyers, the Judges, or the Child of a Certain Age?

February 22, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Physical Custody

child custody, child custody cases, Utah Divorce Court

If the case goes to trial: the judge. However, in Utah, the jurisdiction where I practice (which is the case in most other jurisdictions too), the parents, children, and lawyers all have the opportunity to provide their input in an…

If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

February 17, 2023

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Marital Property, Parentage, Physical Custody

child abuse, child custody, division of assets

Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you will find my answer enlightening just the same. If my…

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…