Child Neglect Archives

What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?

What can I legally do if my child’s mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is also the custodial parent with full custody rights, so she…

Do Abusive Parents Get Custody of Their Children? Can Relatives Get Custody Instead?

Do abusive parents get sole custody of their children, even when their children don’t want them to have it? If the children want to stay with a relative who can take care of them instead, can the court award the…

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…

In Re K.K. – 2023 UT App 14 – Abuse and Neglect Adjudication

March 15, 2023

Divorce Utah

Abuse, Appeal, Child Abuse, Child Custody, Child Neglect, Court Orders, Custody, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Utah Code, Utah Court of Appeals Decisions, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. B.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220051-CA…

In re K.K. – 2023 UT App 13

March 14, 2023

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Neglect, Court Orders, Division of Child and Family Services (DCFS), Emotional abuse, Evidence, Family Law, Findings of Fact and Conclusions of Law, Guardianship, Juvenile Court, Physical Custody, Procedure and Evidence, Uncategorized, Utah Law

(b), § 80-1-102(92), ¶ 14, ¶ 27, ¶ 9, 2011 UT 71, 2017 UT 44, 2018 UT App 141, 2020 UT App 114, 2021 UT 36, 2022 UT 39, 424 P.3d 91, 496 P.3d 58, abuse, abuse adjudication, against the clear weight of the evidence, and (B), appeal, both neglected and abused, clear and convincing evidence harmed or threatened harm, clearly erroneous, conclusions of law, defined, domestic violence in the presence of a children, error, Essential Botanical Farms, facts, findings of fact, In re A.B., In re C.M.R., in re E.R., In re K.T., In re N.M., juvenile court, LC v. Kay, mixed questions of law and fact, neglect adjudication, prejudiced, speculate, Utah Code § 80-1-102(1)(a)(i)(A), Utah Code § 80-1-102(37)(a), Utah Code § 80-3-402, Utah Code § 80-3-402(1), Utah Court of Appeals, very highly probable

In re K.K. – 2023 UT App 13 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.K., S.K., AND S.K., PERSONS UNDER EIGHTEEN YEARS OF AGE. D.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20220050-CA…

In Re A.H. – 2022 UT App 114 – Termination of Parental Rights

March 2, 2023

Divorce Utah

Adoption, Appeal, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Child Protective Services, Child Support, Court Orders, Custody, Evidence, Family Law, Findings of Fact and Conclusions of Law, Grandparent rights, Guardianship, Ineffective Assistance of Counsel, Judges, Juvenile Court, Mental Illness, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Substance Abuse, Utah Code, Utah Court of Appeals Decisions, Utah Law

2021 UT 19, 455 U.S. 745, 530 U.S. 57, 648 P.2d 1364, abandonment, abuse, adoption, appeals, best interest, clear and convincing evidence standard, deference, federal and state constitutions Troxel v. Granville, foster parents, fundamental rights, guardianship, In re G.D., In re J.P., juvenile court, lower court findings, most important rights, neglect, parental rights, permanent guardianship, present-tense fashion, relatives, reverse, right of parents to raise their children, Santosky v. Kramer, stipulation, strictly necessary, termination, two-part test, United States Constitution, Utah Code § 80-4-104(1)

2022 UT App 114 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN YEARS OF AGE. N.J.H. AND S.H., Appellants, v. STATE OF UTAH, Appellee. Opinion…

If Parents Are Divorced or Separated, Can the Parent With Full Custody of the Child Prevent the Other Parent From Seeing the Child, Even if That Parent Is Paying Child Support?

February 24, 2023

Divorce Utah

Child Care Costs, Child Custody, Child Neglect, Child Support, Child Support Enforcement, Children in Divorce, Parent Time, Parental Rights, Physical Custody, Sole Custody

Child Support, parental rights, sole custody

Unless: there is a statute or court order that permits it; or this kind of statute or court order could be the kind that permits the temporary denial of contact with the child on the grounds that it is necessary…

If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

February 17, 2023

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Marital Property, Parentage, Physical Custody

child abuse, child custody, division of assets

Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you will find my answer enlightening just the same. If my…

In Re K.T. 2023 UT App 5 – Substantiation of Child Abuse

2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210553-CA Filed January 20, 2023 Third District…

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

January 27, 2023

Divorce Utah

Alienation of Affection, Child Custody, Child Neglect

child custody, parent alientation

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what…

Who do you pick between a present father and an absentee mother?

Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1) custody of you must be awarded to one parent or…

What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?

December 5, 2022

Divorce Utah

Alienation of Affection, Child Custody, Child Neglect

children, custody, foster care

Your question presumes that the judge heard from the child. In many cases (frankly most), even though the child has the greatest stake in the child custody award dispute, the child is “protected” from being heard on the subject (don’t…

Child refuses to exercise shared custody with the stricter parent

Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I’m a stricter parent unlike my ex who lets him play computer games all day and…

In re G.B. – 2022 UT App 98

August 9, 2022

Divorce Utah

Abuse, Addiction, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Emotional abuse, ORS (Office of Recovery Services), Physical Abuse, Physical Custody, Substance Abuse

child abuse, child neglect, drug issues, juvenile court

2022 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.B. AND A.C., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.R.B., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210396-CA Filed August 4, 2022 Fifth…

Why would a father give a child’s abusive mother full custody?

Why would a father whose attorney had outed his children’s mother as a schizophrenogenic narc monster give her full custody? “Give?” If the father had it within his power to prevent custody of the children from being awarded to a…

How effective are AMBER Alerts in child custody cases?

March 17, 2022

Divorce Utah

Child Abuse, Child Custody, Child Neglect, Child Protective Services, Domestic Violence, Family Law

Amber Alert, child protective order, child protective services, CPO, CPS, effective, family law, family lawyer, kidnapping

It depends upon what criteria define “effective”. More child abductions have been prevented with the Amber Alert system in place than without it, yet it’s impossible to say how many abducted children would have been found in the absence of…

In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and J.A., Appellants, STATE OF UTAH, Appellee. No. 20200271 Heard September…

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

In re J.P. – 2021 UT App 134 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…

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.…

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…