Child Care/Surrogate Care Archives

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

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah): Here are the applicable Utah Code sections: 42-1-1. By…

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

Why do kids talk and text online so freely with strangers? Don’t they understand how potentially dangerous that is? Why? Because kids that age aren’t very smart or wise. Don’t you remember how stupid and foolish you were as a…

What if a parent sued their child for all the money they spent raising them?

January 28, 2022

Divorce Utah

Child Care Costs, Child Care/Surrogate Care, Child Support, Judges, Parent Time, Parental Fitness, Parental Rights, Uncategorized

child, Child Support, family finances, finances, judge, lawsuit, parent, parenting, sue

What would happen if a parent were to sue a child for every single penny they spent on raising such a child and the judge were to rule in the parent’s favor? You’d likely have an incompetent and/or biased judge. …

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

January 14, 2022

Divorce Utah

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.…

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…

Do I pay half of any child care costs my ex incurs? What kinds?

QUESTIONS: Do I pay half of any child care costs my ex incurs? Or just work-related child care costs incurred? Are “occupational training”-related child care costs something I have to share too? And does “occupational training” include a bachelor’s degree?…

What is the “right of first refusal”? Is it a statutory right in Utah?

What is the “right of first refusal”? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time “right of first refusal” in the context of child care. This “right of…

Why don’t the police help more with custody and parent-time enforcement?

In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes that authorize and empower the police to intervene. This is…

Plan a Parenting Schedule That Works for Your Family – by Ryan Howard

Published with permission and by request of the author: Plan A Parenting Schedule That Works For Your Family

How does the “right of first refusal” to provide child care work?

October 3, 2018

Divorce Utah

Child Care/Surrogate Care, Children in Divorce

3 hours, 4 hours, child care, provide care, right of first refusal

QUESTION: I have a question about what is often called “the right of first refusal” to provide care for a child when the other parent who would otherwise be scheduled to have care and custody is unavailable due to work…

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,…

What happens if a child does not sleep in another room?

February 25, 2018

Divorce Utah

Child Abuse, Child Care/Surrogate Care, Child Custody, Child Custody Modification, Children in Divorce, Custody, Dirty Tricks, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

bed sharing, room sharing

What happens if a child does not sleep in another room? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is the answer (for Utah, where I practice law): Regardless of…

Can I sue for the child support I paid after our child started living with me?

QUESTION: Can I sue my child’s mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code § 78B-12-108 provides (in part), that except in cases of…

Shuman v. Shuman, 2017 UT App 192 – child custody and support, marital assets and debts, medical and child care expenses

November 2, 2017

Divorce Utah

Child Care/Surrogate Care, Child Custody, Child Support, Debts, Marital Property

2017 UT App 192, child care expenses, child custody, child medical expenses, Child Support, marital assets. marital debts, Shuman v. Shuman

2017 UT App 192 THE UTAH COURT OF APPEALS CATHERINE JANE SHUMAN, Appellee, WESLEY ROBINSON SHUMAN, Appellant. Opinion No. 20160226-CA Filed October 19, 2017 Third District Court, West Jordan Department The Honorable William K. Kendall No. 104400246 Theodore R. Weckel…

Vesey v. Nelson – 2017 UT App 77 – reimbursement for daycare expenses – timely request – laches – Utah Code § 78B-12-214(2) and (3)

September 18, 2017

Divorce Utah

Child Care/Surrogate Care, Daycare, Divorce Law, Divorce Procedure

2017 UT App 77 – THE UTAH COURT OF APPEALS ANDREW VEYSEY, Appellee, v. ALEXIS NELSON, Appellant. Opinion No. 20150609-CA Filed May 4, 2017 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 984907587 Troy L. Booher and Beth…

Can a 16 year old sleep with a 10 year old?

July 28, 2017

Divorce Utah

Child Care/Surrogate Care, Children in Divorce, Coping With Divorce, Custody, Divorce Law

Can a 16 year old sleep with a 10 year old? If by your question you mean to ask, “Can a 16-year-old child sleep in the same bed with a 10-year-old child?,” then, assuming there is no court order barring…

Veysey v. Nelson, 2017 UT App 77 – Utah Code § 78B-12-214, request for reimbursement, reasonable notice, laches

May 8, 2017

Divorce Utah

Child Care/Surrogate Care, Child Support, Children in Divorce, Divorce Court, Finances

78B-12-214, child care, laches, notice, reasonable notice, reimbursement, Utah Code § 78B-12-214

Veysey v. Nelson, 2017 UT App 77 THE UTAH COURT OF APPEALS ANDREW VEYSEY, Appellee, v. ALEXIS NELSON, Appellant. Opinion No. 20150609-CA Filed May 4, 2017 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 984907587 Troy…