Best Interest of the Child Archives

How does someone take custody of a child after winning custody?

When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of the child to take them? How does this usually go? …

True or false: Better to divorce than have a miserable life.

This blog post is in response to this question: I don’t think it’s bad to get a divorce. I think it’s more unhealthy to have miserable lives. — Ginger Wynn. What are your thoughts on this statement? This statement tries…

How can I reveal my soon-to-be ex as having NPD in our custody case?

How can I reveal my soon-to-be ex as having NPD in our child custody case? You’re asking the wrong question. You shouldn’t be asking how you can prove your spouse has NPD (or some other mental or emotional disorder), but…

How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so that your fiancé can explain the situation to the lawyer,…

Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 194905732 Mary C.…

How can I help my stepdaughter get away from an abusive mother?

How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not legally your fight. You should certainly share your observations…

Is appointing a guardian ad litem helpful in custody cases?

Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah, where I practice divorce and family law. Each jurisdiction will…

How will it affect children to switch schools every other school year?

How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not well. Think about your own experience as a child. Did…

If both parents are wonderful, will the court still favor the mother?

If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about “what happened to me in my divorce” as I am…

What is the argument for hearing a child’s view in a custody decision?

What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never actually has such evidence to consider. In Utah (where I practice divorce…

Can a parent take kids out of state while divorce is pending?

Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be considered kidnapping? Great question. I will answer your question based…

I’m 14 and my mom is making me live with my dad. How do I stop this?

I’m 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and family lawyer, and I see this question arise frequently. If…

Why isn’t 50/50 custody the default resolution in child custody cases?

I have studied this question throughout my career, and I’ve been a divorce and family lawyer for 25 years. If there is one family law question to which I know the answer, it is this one. Eventually, a rebuttable presumption…

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

April 18, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Visitation, Women's Divorce Issues

appeal, calculation, child custody, Child Support, child support obligation, conclusions of law, deviate, district court, divorce decree, Domestic Violence, evidence, findings of fact, income, moral character, neglect, Parent Time, physical abuse, physical custody, statutory minimum schedule, trial court, Utah Code § 30-3-10, Utah Code § 30-3-34, Utah Code § 30-3-35, Utah Code § 30-3-35.5, Utah Code § 78B-12-203, Utah Court of Appeals

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 District Court, Logan Department The Honorable Brian G. Cannell No.…

Is it damaging for a child to witness a divorce/parents fighting constantly?

Is it damaging for a child to witness a divorce or witness their parents fighting constantly? Yes. Yes, of course. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-it-damaging-for-a-child-to-witness-a-divorce-or-witness-their-parents-fighting-constantly/answer/Eric-Johnson-311

Widdison v. Widdison – 2022 UT App 46 – custody modification

April 13, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parental Rights, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Sole Custody, Special Circumstances, Unwed Parents, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

best interest, best interests, discretion, Modification, Parent Time, physical custody, Relocation, stability, substantial and material change in circumstances, Utah Code § 30-3-10.1, Utah Code § 30-3-10.4, Utah Code § 30-3-34, Utah Code § 30-3-37, Utah Code §30-3-36

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 Court, Salt Lake Department The Honorable Robert P. Faust No.…

Best Interest of the Child

How does someone take custody of a child after winning custody?

True or false: Better to divorce than have a miserable life.

How can I reveal my soon-to-be ex as having NPD in our custody case?

How would my fiancé go about getting any sort of custody for his child?

Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

How can I help my stepdaughter get away from an abusive mother?

Is appointing a guardian ad litem helpful in custody cases?

How will it affect children to switch schools every other school year?

If both parents are wonderful, will the court still favor the mother?

What is the argument for hearing a child’s view in a custody decision?

Can a parent take kids out of state while divorce is pending?

I’m 14 and my mom is making me live with my dad. How do I stop this?

Why isn’t 50/50 custody the default resolution in child custody cases?

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

Is it damaging for a child to witness a divorce/parents fighting constantly?

Widdison v. Widdison – 2022 UT App 46 – custody modification

How easy is it to change your child’s last name?

Why do kids talk and text online so freely with strangers?

How can I enforce my power when I have final say in joint custody?

Why are child support and custody attorneys so expensive?