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Best Interest of the Child

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T.W. v. S.A. – 2021 UT App 132 – child custody

January 14, 2022

Alimony and Support, Amicable Divorce, Annulment of Marriage, Antenuptial Agreements, Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Business Interests, Business Valuation, Child Abuse, Child Care Costs, Child Care/Surrogate Care, Child Custody, Child Custody Modification, Child Neglect, Child Protective Order, Child Protective Services, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Civil Stalking, Civil Stalking Injunction, Co-parenting, Cohabitation, Common Law Marriage, Contempt of Court, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Custody Evaluation, Daycare, Debts, Dirty Tricks, Discovery, Division of Child and Family Services (DCFS), Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

appellate courts, child custody, child custody arrangement, child custody award, court decisions, custody, Utah Court of Appeals, Utah law

2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna Gibson No. 134401457 David Pedrazas, Attorney for Appellant Laja K.…

In re J.P. – 2021 UT App 134 – termination of parental rights

2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210185-CA Filed December 9, 2021 Fifth…

I’m a child whose parents are divorcing and fighting over custody. What can I do?

October 14, 2021

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Law, Family Law, GAL (Guardian ad Litem), Joint Legal Custody, Joint Physical Custody, Utah Law

best interest of child, child custody, guardian ad litem. Utah law, Parent Time

I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn’t want to take me to court to present my case that I want to see my mother. What can…

In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The child is subjected to accidental harm or an unreasonable risk…

In re Z.C. W. – 2021 UT App 98 – Utah Court of Appeals

October 4, 2021

Abuse, Best Interest of the Child, Child Abuse, Juvenile Court, Legal System, Termination of Parental Rights, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

best interest, Domestic Violence, parental rights, terminate, termination of parental rights, Utah Code § 78A-6-503(1), Utah Code § 80-4-104(1), Utah Code § 80-4-301

In re Z.C.W. – 2021 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF Z.C.W. AND C.C.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.D., Appellant, v. C.L.W., Appellee. Opinion No. 20200039-CA Filed September 23, 2021 Third District Juvenile Court, West Jordan Department The Honorable Renee M. Jimenez …

How can I get an emergency hearing for custody and child support?

I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for custody and child support? The answer: Have a good reason.…

In re A.B. – 2021 UT App 91

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.B., A PERSON UNDER EIGHTEEN YEARS OF AGE. K.T., Appellant, v.. S.T. AND T.T., Appellees. Opinion No. 20200342-CA Filed August 26, 2021 Third District Juvenile Court, Salt Lake Department The Honorable Julie V. Lund No. 1174795 Steve…

Can someone go to court to prevent their un-vaccinated ex from taking the kids, even though they share 50-50 custody?

Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your request seriously and grant it is a separate question. Would…

Should a father who has shared custody see the child son when there is a hospital emergency?

August 20, 2021

Best Interest of the Child, Child Custody, Children in Divorce, Custody, Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Women's Divorce Issues

child custody, Child Support, custody emergency, hospital custody, joint custody

Should a father who has shared custody rights of his child still see the child son when there is a hospital emergency? If your child is in the hospital during your time of custody should you be with the child…

Pro-fairness and Pro-child

Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a comment on this video: Do you think it’s fair that…

How would it be, if when a couple with children divorce instead of custody the court requires them to secure a stable home for the children and require the parents to shuttle around every week?

August 6, 2021

Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parenting Plan, Women's Divorce Issues

custody, divorce, joint custody, nesting, parenting

This is something that many parents already do. It is often known as “nesting”. Some parents feel it would be best for their children if they don’t have to shuttle back and forth between their divorced parents’ respective homes, so…

Why would my ex block contact with my child when we have shared joint custody?

July 22, 2021

Alienation of Affection, Best Interest of the Child, Child Custody, Children in Divorce, Custody, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Parental Rights, Women's Divorce Issues

alienation of affection, Children in Divorce, contact, joint custody, maintaining relationship with child

Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly and seriously harming the child emotionally and/or psychologically; the court…

How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.

I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to prevent their father from killing them or from causing serious…

How does a divorce and separation from one parent affect children’s future relationships? Can this cause trust issues or commitment issues in the kids’ future relationship?

Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course. How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship that is not only part and parcel of their own…

Can a divorced parent with the parties’ child primarily lives stop the child from switching to live with the other parent?

July 13, 2021

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Fears, Family Law, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Physical Custody, Women's Divorce Issues

custody, divorce, parent

So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can I do to stop this child from living with the…

What are some cases of extended relatives getting visitation rights with children?

July 12, 2021

Best Interest of the Child, Family Law, Grandparent rights, Parental Fitness, Parental Rights, Stepchildren, Stepparents, Utah Code, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

grandparent visitation rights, petition to terminate parental rights, standard of proof, visitation rights for extended family members, visitation rights for non-family members

In Utah, that question has been thoroughly discussed on the subject of grandparent visitation rights in the case of Jones v. Jones. and if you don’t want to read the rest of my answer, Jones vs. Jones set an extremely…

Should a child whose rights are not protected be held accountable?

July 8, 2021

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

child, denial, denied, protected, rights, unprotected

If one’s rights are not protected, then one’s rights are being denied. And one whose rights are not protected cannot, in one sense, be held accountable/responsible for his/her exercise of those rights, if for no other reason than that one…

Do you think it’s fair that Brad Pitt got joint custody of his kids?

Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does not arise or get handled the same way as would…

If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?

July 5, 2021

Abandonment and Desertion, Best Interest of the Child, Child Custody, Custody, Evidence, Family Law, Parental Rights

child custody, court, custody, never ask, never asked, weight, writing, written agreement

Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No. Just because a parent may, at one point in time,…

Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

July 2, 2021

Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Physical Custody, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Personal Property, Physical Custody, Preparing for Divorce, Property Division, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

attorney's fees award, interspousal gifts, joint equal physical custody, joint parent-time, joint physical custody, marital property, Nakkina v. Mahanthi - 2021 UT App 63, Utah Court of Appeals

Nakkina v. Mahanthi – 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No.…

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