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Child Custody Modification

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Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?

Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or neglectful), other times the unfitness may be due to circumstances…

Can custody evaluators see through a narcissist’s lies?

July 29, 2019

Child Custody, Child Custody Modification, Co-parenting, Custody, Custody Evaluation

custody evaluation, custody evaluator, lies, narcissist

No, not simply by virtue of their being custody evaluators. Sometimes custody evaluators and other mental health professionals give the impression (either deliberately or inadvertently) that they have magic, infallible powers of perception that make them able to detect lies…

Can children choose with which parent they will live?

July 24, 2019

Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Custody

child custody, choice, choose, custody, decide, Utah

How much input do you let your child have in deciding who they’re going to live with or which parent they’ll be spending more time with? This is a question on which the law has gone back and forth. In…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

Can you re-file for custody after a judgment has been made?

July 1, 2019

Child Custody, Child Custody Modification, Uncategorized

Can you re-file for custody after a judgment has been made? Yes. In the context of a divorce or child custody action (not a termination of parental rights case), the answer is yes, at least in Utah (where I practice…

2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation

2019 UT App 104 – Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District Court, Salt Lake Department The Honorable Su Chon No. 154901171…

2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

May 29, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

“before a district court may enter a judgment by default that transfers custody of a child, 2017 UT App 10, 391 P.3d 1051, 649 P.2d 51 (Utah 1982), Blocker v. Blocker, Hogge v. Hogge, the trial court must take evidence and then make findings that a substantial change of circumstances has occurred and that transferring custody of the child is in the child’s best interests.”, Utah Code § 30-3-10.4(2)

2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court, Ogden Department The Honorable Ernest W. Jones No. 134901419 Randall…

Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time

May 28, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Dirty Tricks, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Paternity, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

§ 30-3-34, § 30-3-35, § 30-3-35.5, ¶ 26, 1999 UT App 290, 2001 UT App 225, 2009 UT App 233, 2014 UT 10, 2016 UT App 135, 2017 UT App 192, 2018 UT App 38, 2018 UT App 5, 217 P.3d 733, 29 P.3d 676, 326 P.3d 645, 379 P.3d 890, 406 P.3d 258, 414 P.3d 933, 420 P.3d 53, 436 (Utah 1993), 604 (Utah 1989), 761 P.2d 942 (Utah Ct. App. 1988), 776 P.2d 599, 850 P.2d 431, 989 P.2d 491, Bond v. Bond, Davis v. Davis, Elmer v. Elmer, Fullmer v. Fullmer, Gillmor v. Wright, Hudema v. Carpenter, K.P.S. v. E.J.P., Kimball v. Kimball, Shuman v. Shuman, State v. Nielsen, Taft v. Taft, Utah code

Nebeker v. Orton – 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140…

2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time

May 22, 2019

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Supervised Parent-time, Supervised Visitation, Utah Court of Appeals, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

(Utah Ct. App. 1998), ¶ 33, 2000 UT App 213, 2009 UT App 365, 2016 UT App 94, 2017 UT App 10, 2017 UT App 192, 2018 UT App 137, 2018 UT App 184, 2018 UT App 196, 223 P.3d 456, 374 P.3d 45, 391 P.3d 1051, 406 P.3d 258, 427 P.3d 1221, 437 P.3d 370, 437 P.3d 445m, 649 P.2d 51 (Utah 1982), 694 P.2d 608 (Utah 1984), 967 P.2d 942, Becker v. Becker, best interests of the child, bifurcated procedure, Blocker v. Blocker, change in circumstances, changed circumstances, Childs v. Childs, Erickson v. Erickson, Hanson v. Hanson, Hogge v. Hogge, Jensen v. Jensen, Jones v. Jones, Lay v. Lay, maintaining relationship with child, mandate rule, older child, professional therapy, Shuman v. Shuman, speak by phone, special master, Stephens v. Stephens, unable to afford supervised visitation, unsupervised parent-time, welfare, without incident

2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

Can I Get the Court to Force My NPD Spouse to Be Tested?

April 2, 2019

Child Custody, Child Custody Modification, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Personality Disorders, Visitation, Women's Divorce Issues

Should I attempt to / is it possible to have my court order my NPD to undergo psychological testing before he can get access to our child? First, let’s break down the bases for your resistance to you ex-spouse having…

LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 – THE UTAH COURT OF APPEALS – LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman…

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

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

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

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

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

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

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

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…

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