Child Custody Archives

If I Have Sole Legal Custody of Our 15-Year-Old Son and His Father Has Visitation Rights Only, Is He Allowed to Pull Him Out of a Sport He Has Already Started?

May 24, 2023

I can’t speak for what the law is or how it applies in all jurisdictions, but I can answer this question as it would apply in the state of Utah, which is where I practice divorce and family law. In…

If I Owe Arrearages in Child Support, Do They Go Away if I Am Awarded Full Custody?

May 22, 2023

Divorce Utah

Child Custody, Child Support

arrearages, child custody

Good question. I cannot answer this question for how all jurisdictions would handle it, but I can tell you what the law is in Utah governing this question (and it’s a safe bet that most jurisdictions take a similar approach,…

My Ex Is Coming to My Home to Pick Up My Child 30-45 Minutes Early. He Is Not Following the Custody Order. What Can I Do?

May 19, 2023

Divorce Utah

Child Custody, Co-parenting, Court Orders, Court Rules

contempt of court, court order

I will assume that your ex-husband (the children’s father) arriving to pick up the children earlier than his court ordered scheduled time is a hardship on, or at least an inconvenience for, you and/or for the children. Otherwise, if the…

What’s the Chance That Soon-to Be Ex-husband Will Get “Final Decision Making” in Joint Custody?

May 18, 2023

Divorce Utah

Child Custody, Fathers' Divorce Issues, Women's Divorce Issues

final decision making, joint custody

That depends on many, many factors. Some legitimate, some possibly not. Those of you who have read my content here may have noticed that I am of the opinion (arising out of more than 25 years’ experience as a divorce…

Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?

May 16, 2023

Divorce Utah

Child Custody, Co-parenting, Court Orders, Divorce, Divorce Court, Uncategorized, Utah, Utah Code, Utah Law

custody, divorce, relinquished full custody

I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children, but one of the reasons (if not the controlling reason)…

What Happens in a Custody Case When Both Parents Are Proven Unfit?

May 15, 2023

Divorce Utah

Child Custody

child custody, unfit parents

This is a great question. Note: I cannot answer this question for all jurisdictions, but I can answer it as it applies in the jurisdiction where I practice divorce and family law (Utah). First, I do not know the definitive…

Can Grandparents Take Custody From Parents Permanently?

May 12, 2023

Divorce Utah

Child Custody, Grandparent rights

grandparent rights, grandparents

I can speak for what the law is in all jurisdictions, of course, but I can answer this question as it applies in the jurisdiction where I practice divorce and family law (Utah): Can they? Meaning: is it possible? Yes.…

What Is a Custody Order?

May 4, 2023

Divorce Utah

Child Custody

custody order

I will answer your question according to the law of the jurisdiction where I practice divorce and family law (Utah). In a family law context, a custody order is an order of the court awarding certain custodial rights to a…

Do Dads Fail to Win Joint Custody Because They Are Less Competent Parents? Bad Litigants?

May 3, 2023

Divorce Utah

Child Custody, Fathers' Divorce Issues

50/50 custody, 50/50. joint equal custody, Father's rights

Very good question. Tricky question too. Not because it’s hard to answer (it isn’t), but because it’s a tricky question to understand accurately. I don’t find that otherwise decent and deserving fathers lose disproportionately because they are disproportionately more inept in court,…

State in Interest of P.J.R., 2023 UT App 27

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.J.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, V. STATE OF UTAH, Appellee. Opinion No. 20220264-CA Filed March 23, 2023 Sixth District Juvenile Court, Manti Department…

What Is the Aim of Manipulating Children in Divorce Cases?

May 1, 2023

Divorce Utah

Child Custody, Child Support, Children in Divorce, Co-parenting, Custody, Uncategorized

attention seeking, co-dependency, gaining or saving money, pride, spite for the child, spite for the other parent

There can be many aims. Such as (in no particular order of popularity): gaining or saving money If the children “side” with a parent, that could influence the child custody award, and the more time a child spends with a…

How Can a 100% Mentally Disabled Person Keep Full Custody of Their Kids?

April 27, 2023

Divorce Utah

Child Custody

child custody, custody

I will answer this question as a general matter in the context of Utah law because I practice divorce and family law (and thus I deal with child custody disputes daily), so bear in mind that my answer to this…

Scott v. Benson – 2023 UT 4 – Fraudulent Voluntary Declaration of Paternity

2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20, 2023 On Certiorari to the Utah Court of Appeals Third…

What Can I Do if Ex-spouse Wants to Pay/Receive Less Child Support by Misrepresenting His/Her Income?

April 25, 2023

Divorce Utah

Child Custody, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Dirty Tricks

Child Support, dirty tricks

I will answer this question in the context of Utah law because Utah is the jurisdiction where I practice divorce and family law. It could be that other jurisdictions have similar laws or rules, but you will need to inquire…

How Do You Overturn Emergency Temporary Custody?

April 24, 2023

Divorce Utah

Child Custody

child custody, Emergency Temporary Custody

This is not the kind of situation in which you can obtain a change you want by taking certain steps. To overturn or modify a temporary child custody order you would need sufficient evidence to persuade the court that circumstances…

Can I Lose Custody of My Son if I Was a Victim in a Strangulation Case of Domestic Abuse?

April 21, 2023

Divorce Utah

Abuse, Child Custody, Domestic Violence, Utah Law

custody, domestic abuse, lose custody, strangulation

It is possible, but not a given. Why? If the court determines that the circumstances under which you were a crime victim were created or exacerbated by you in whole or in part constitute circumstances that are also so dangerous to the child that…

When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?

April 20, 2023

Divorce Utah

Alienation of Affection, Child Custody, Co-parenting, Court Orders, Uncategorized, Unwed Parents, Utah, Utah Code, Utah Court Rules, Utah Law

alienation, children, court order

Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if there are no other court orders in place that govern…

Can You File for Defamation While a Custody Battle Is Happening?

April 14, 2023

Divorce Utah

Child Custody, Custodial Interference, Custody, Defamation, Divorce Law, Legal Custody

child custody, defamation, defamation and child custody

I cannot speak to what the law is in all jurisdictions, but I can answer this question as it applies in the jurisdiction where I practice divorce and family law (Utah). Custody battles can arise between married and unmarried parents.…

If Parents Are Unable to Care For Their Children, Do Grandparents Have the Legal Right to See Them?

April 7, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Family Law, Grandparent rights, Parent Time, Utah Law

child custody, Grandparents rights

I cannot answer this question as the law applies in every jurisdiction, but I can give you the answer as the law applies in Utah, which is the state where I practice divorce and family law, which includes a great…

If the Mother Loses Custody of the Child to a Third Party Does the Father Still Have to Pay Child Support

April 6, 2023

Divorce Utah

Child Custody, Child Support

child custody, Child Support

There are many weird twists that a case like the one you’ve described can take, but generally speaking (and I must speak generally because I do not know how the laws of every different jurisdiction function), if a parent loses…