Best Interest of the Child Archives

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

Divorce Utah

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

Divorce Utah

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

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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…

“Best interest of the child” and a “material and substantial change of circumstances”

May 18, 2021

Divorce Utah

Best Interest of the Child, Change of Circumstances, Child Custody, Child Custody Modification, Material and Substantial Change of Circumstances, Modification of Child Custody

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Doyle v. Doyle, 258 P.3d 553 (Utah Ct.App. 2011) 2011 UT 42m ¶ 38, “Even an overwhelming case for the best interest of the child could not compensate for a lack of proof of a change in circumstances. See Becker,…

What would happen if there were no alimony or splitting assets in divorce without kids?

May 11, 2021

Divorce Utah

Alimony and Support, Best Interest of the Child, Children in Divorce, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Pension, Personal Property, Retirement Benefits, Spousal Support, Spouse's Business, Termination of Alimony, Women's Divorce Issues

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That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated by a “what’s in it for me?” basis is likely…

Custody order says mother and child can’t leave the state. Is that legal?

If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another country if the father says no? I cannot speak for…

Father has 50/50 custody. Now ex is trying to take it away. What to do?

May 7, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Co-parenting, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, 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 Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues

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I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody? First,…

Why is child support and alimony rooted in revenge, power, and humiliation?

Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: “Why is child support and alimony rooted in revenge, power, control, and humiliation over the father instead of support for the child?” This is…

Good news, for parents deserving of joint equal physical custody

April 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Separation, Sole Custody, Termination of Parental Rights, Unwed Parents, Utah Law, Visitation, Women's Divorce Issues

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Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed, during the 2021 legislative session, a new Utah Code section.…

What would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits?

What would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits? Here’s what I would do: First,…

Can a mother lose custody even if the child is still very young?

April 2, 2021

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Personality Disorders, Preparing for Divorce, Sole Custody, Stepchildren, Stepparents, Supervised Parent-time, Supervised Visitation, Utah Code, Women's Divorce Issues

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Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very young (e.g., under 5 years old)? Oh, heck yeah. Many…

How can you go about child custody when the other parent only wants full custody for the child support benefits and barely is with the child?

March 29, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Neglect, Child Support, Divorce Fears, Fathers' Divorce Issues, Women's Divorce Issues

How can you go about child custody when the other parent only wants full custody for the child support benefits and barely is with the child? If: you have proof (or at least sufficiently credible evidence) that the other parent…

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”?

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”? The child certainly can be like the child (Andrea) from Jacqueline Wilson’s “The Suitcase Kid,” if under a shared parenting arrangement…

S.B. 122 just passed! So what? Joint equal physical custody.

March 6, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Court Orders, Custody, Custody Evaluation, Daycare, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Judges, Justice and Equity, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues

§ 30-3-35.2, §30-3-35.2. Equal parent-time schedule, 30-3-35.2, ability to assist, actively involved, after school care, assistance with homework, bath time, bedtime for the child, caring for the child, child's life, child's school, child’s best interest, demonstrated responsibility, distance, each parent, effectively facilitate, equal, equal custody, equal parent-time, equal parent-time schedule, extracurricular activities, factors, flexibility of employment, geographic distance, health of each parent, health of parent, health of the child, history and ability to implement a flexible schedule for the child, involvement in child care, joint custody, joint equal custody, meal preparation, parent's bond with the child, physical facilities of each parent's residence, presence, provide appropriate playtime, relevant, residence, s.b. 122, Subsection 30-3-10(6), Utah code, volunteer efforts

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender bias/sexual discrimination that is preventing fit, able, worthy fathers from…

Why is it difficult for a father to get child custody?

February 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Holiday Parent-time, 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, Noncustodial parents, Parent Time, Parentage, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Paternity, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Uncategorized, Women's Divorce Issues

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Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society at large) that generally: mothers are better parents than fathers;…

Should more people have to attend court-ordered parenting classes?

Should more people have to attend court-ordered parenting classes? Generally speaking, no. For the most part, when you lead a horse to water and try to force him to drink, the results are mediocre at best, disastrous at worst. Good…

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies? Are there laws that protect one parent from…

2020 UT App 171 – Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. BRENDA MILLER, Appellee

2020 UT App 171 – Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington Department The Honorable Michael Edwards No. 134701192 Jonathan Hibshman, Marco…

What advice would you give me before divorce, if I’m not in the wrong?

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…