Child Custody Modification Archives

Does Child Support Automatically End? Or Do I Have to Request That?

February 7, 2019

Child Custody Modification, Child Support

78B-12-219, child support ending, child support terminating, child support termination, ORS, Utah code

QUESTION: Hi there, Eric. I am current on my child support and will continue to be current on what I own until my children are 18. At that time, will my payments automatically stop or will I have to go…

Can Utah Modify the Child Custody Order of a Different State?

November 26, 2018

Divorce Utah

Child Custody, Child Custody Modification

child custody jurisdiction, modification of foreign state custody order, modification of other state's child custody order

Can Utah modify the child custody order of a different state? Under certain circumstances, yes. Below is a summary of the laws that govern whether Utah can exercise jurisdiction to modify the child support order of another state. This posting…

How does child custody work if one parent needs or wants to move out of state?

November 19, 2018

Divorce Utah

Child Custody, Child Custody Modification

moving out of state

How does child custody work if one parent needs or wants to move out of the current state? Is it better to let the court know up front of the possibility, or wait until custody is decided? This is one…

Which state has jurisdiction over a child custody dispute?

October 19, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Jurisdiction

If a divorce and custody case were finalized in one state and the custodial parent and the children move to another, which state should the future custody disputes need to be filed in? Here is how that question would be…

Utah divorce and child custody awards – statutory factors the court must consider

October 9, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Custody, Custody Evaluation, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Utah Code, Women's Divorce Issues

§ 30-3-10, § 30-3-10.2, child custody factors, UCJA 4-903

Utah divorce and child custody award – statutory factors the court must consider (based upon Utah Code § 30-3-10, § 30-3-10.2, and UCJA 4-903) SUMMARY OF THE FACTORS: the past conduct and demonstrated moral standards of each of the parties;…

2018 UT App 100 – divorce attorney malpractice standards of proof

October 4, 2018

Divorce Utah

Child Custody Modification, Child Support, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Utah Court of Appeals, Utah Court of Appeals Decisions

2018 UT App 100 – THE UTAH COURT OF APPEALS JANAE KIRKHAM, Appellant, v. BRYANT J. MCCONKIE, DAVID W. READ, AND STRONG & HANNI PC, Appellees. Opinion No. 20160908-CA Filed June 1, 2018 Third District Court, Salt Lake Department The…

My mom has full custody, but I want to live with my dad. What do I do?

September 18, 2018

Divorce Utah

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

My parents got divorced when I was 3. I’m currently 14. My mom has full custody of me, but I want to live with my dad full time in Denver, CO. What do I do? You want my honest opinion?…

Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality

July 24, 2018

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Enforcement, Children in Divorce, Divorce Costs, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Procedure, Settlement

child custody, Child Support, divorce, jury trial, no right to jury trial

This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn – 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN, Appellant, v. ADRIENNE R. HAHN, Appellee. Opinion No. 20170303-CA Filed…

What can I do if my ex has tens of thousands and plans on taking me to court repeatedly in different states until my ex gets full custody?

July 3, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce

child custody, custody battle, custody fight, UCCJEA, Uniform Child Custody Jurisdiction Enforcement Act

What can you do if your ex has tens of thousands to spend on child custody litigation and plans on taking you to court repeatedly in different states until your ex gets full custody? Plenty. The questions really are 1)…

How can I file for the custody of my kids if they live in a different state with their dad?

June 6, 2018

Divorce Utah

Child Custody, Child Custody Modification, Custody, Modification of Child Custody

child custody modification

How can I file for the custody of my kids if they live in Arizona and I live in California? Their dad has sole custody, but I still have my rights. If the father was awarded sole custody by a…

Do underage children have any say in custody in the U.S.?

April 4, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Utah Code

30-3-10(1)(e), child custody, court, desires, interview, judge, preferences

Do underage children have any say in custody in the U.S.? In my jurisdiction where I practice family law (Utah), the answer may be hard to discern by reading the Utah Code, but here it is (I’ll explain it after…

What is your favorite child custody arrangement?

March 15, 2018

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Parent Time, Visitation

2-2-3, 2-2-5-5, 3-4-4-3, custody schedules, parent-time schedules, visitation schedules

What are your favorite child custody schedule? Alternating weeks, 2–2–3, 3–3–4–4, or something else? Without regard to any other considerations that would affect a custody schedule, my favorite schedule generally is neither the 2-2-3-3 or 3-3-4-4. I like the 2-2-3…

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…

What if I don’t want custody of my child post-divorce?

January 30, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce Fears, Divorce Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parental Rights, Physical Custody, Special Circumstances, Women's Divorce Issues

What if I don’t want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of the children, then your desire not to have custody should…

My ex is threatening to relocate out of state with our kids!

January 3, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest, child custody, children, moving, moving out of state, Relocation

QUESTION: My ex-wife tonight, in a fit of anger, told me that she is going to move to another state with our kids (her current boyfriend lives there). I’m not sure how serious she is, but on the chance it…

Child Custody Modification

Does Child Support Automatically End? Or Do I Have to Request That?

Can Utah Modify the Child Custody Order of a Different State?

How does child custody work if one parent needs or wants to move out of state?

Which state has jurisdiction over a child custody dispute?

Utah divorce and child custody awards – statutory factors the court must consider

2018 UT App 100 – divorce attorney malpractice standards of proof

My mom has full custody, but I want to live with my dad. What do I do?

Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality

What can I do if my ex has tens of thousands and plans on taking me to court repeatedly in different states until my ex gets full custody?

How can I file for the custody of my kids if they live in a different state with their dad?

Do underage children have any say in custody in the U.S.?

What is your favorite child custody arrangement?

What if I don’t want custody of my child post-divorce?

My ex is threatening to relocate out of state with our kids!

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

How can I call my 10-year-old as a witness to say where she would like to live?

Do you think current divorce laws are biased against men?