Custody Archives

Blake v. Smith – 2023 UT App 78 – child custody, child support

Blake v. Smith – 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20, 2023 Third District Court, Salt Lake Department The Honorable Su…

What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?

Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view. Utah law provides that termination is strictly necessary only when, after…

I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?

I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For the typical child in your situation, i.e., one who wants to…

The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?

There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The only way to terminate a parent’s parental rights and obligations…

As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?

Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and custodial parent has an unfettered right to travel with the…

In re K.R. – 2023 UT App 75 – termination of parental rights vs. guardianship

In re K.R. – 2023 UT App 75 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.R. AND R.B., PERSONS UNDER EIGHTEEN YEARS OF AGE. R.S., Appellant, v. STATE OF UTAH, Appellee. Per Curiam Opinion…

If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?

There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make decisions for a minor child regarding the child’s health and…

The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?

This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children his/her scheduled parent-time or custody yet does not want the…

How Do I Inform a School About Divorce and That Their Father Is Not Allowed to Pick Them Up?

August 8, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Child Protective Order, Coping With Divorce, Custody, Fathers' Divorce Issues, Mothers' Divorce Issues, Utah, Utah Code, Utah Court Rules, Utah Law

child custody, custody, divorce, school

Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring an uncertified copy of the applicable court order(s) or just…

2023 UT App 60 – Martinez v. Sanchez-Garcia – Material and Substantial Change

2023 UT App 60 – Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court, Logan Department The Honorable Brian G. Cannell No. 154100308 Ashley…

Is My Ex-spouse Responsible for Paying Our Child’s College Education?

July 12, 2023

Divorce Utah

Child Custody, Children in Divorce, Custody

child custody, cutsoyd laws

In Utah, the law does not require divorced parents to pay for an adult child’s education. Divorcing parents can agree that one or both parents will fund some or all of a child’s college education, but they cannot—at least as…

Does the Judicial System Favor Custody of Children to the Lady? What Is the Judge’s Decision Based Upon?

July 6, 2023

Divorce Utah

Child Custody, Custody, Divorce, Fathers' Divorce Issues, Mothers' Divorce Issues

bias court, custody, Parent Time, women in divorce

Generally, yes, although the gratuitous (and sexually discriminatory) practice of indulging a default preference for the mother has steadily weakened substantially over the last 40 years and counting. More and more jurisdictions are adopting a presumption that joint physical custody…

An Interesting and Troubling Article on the Topic of Family and Family Law From the Salt Lake Tribune

June 29, 2023

Divorce Utah

Child Protective Order, Court Orders, Court Rules, Custody, Family Law, GAL (Guardian ad Litem)

family law, family law in utah, GALs, kaydens law, pgals, utah family law

This is an interesting and troubling article on the topic of family and family law from the Salt Lake Tribune: Mother of teen killed in Salt Lake City murder-suicide pushed for Utah law to protect children

How Would Someone Go About Getting Full Custody of Their Child if They Don’t Have Any Money and the Other Parent Has a Lot of Money?

June 20, 2023

Divorce Utah

Child Custody, Custody

full custody

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…

What Should or Can I Do When the Father Has Primary Custody but Has Left Our Child With Me for 60 Days and Counting?

June 12, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Co-parenting, Custody

abandoned child, child custody award

The father has primary custody but left our child with me and left the child with me 60 days ago with no indication of when or whether he will return, and he has had no contact with our children but…

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…

How Long Does a Child Custody Court Hearing Take?

rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t do much, if anything, during the actual hearing, with the…

Custody Evaluations Are a Terrible Idea

May 9, 2023

Divorce Utah

Custody, Custody Evaluation

custody evaluations, custody evaluators

I was recently in court opposing a motion to appoint a custody evaluator in a child custody dispute case. I am generally opposed to child custody evaluations because of the way child custody evaluations are currently performed in Utah as…

What Happens if a Non-custodial Parent Doesn’t Visit His Children?

May 8, 2023

Divorce Utah

Co-parenting, Custody, Noncustodial parents, Parent Time, Utah

custody and parent time analysis, sole legal custody

I cannot speak for all jurisdictions, but I can tell you what my experience has been in Utah, which is the jurisdiction where I practice divorce and family law: There is no statute in Utah (and no case law that…

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…