Modification of Child Custody Archives

Can the Mom End up Paying Child Support to the Father if He Was Abusive?

There are so many things wrong with this question. But thank you for asking it because it can be the start of a beneficial conversation and lead to a better understanding of divorce and family law, child custody, and support.…

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…

How Do I Handle a Narcissist Ex-husband in the Visitation of Children if I Have the Primary Custody? He Is Very Manipulative to Our Kids.

February 28, 2023

Divorce Utah

Alienation of Affection, Joint Legal Custody, Joint Physical Custody, Legal Assistant, Modification of Child Custody, Parental Alienation, Utah

joint custody, parental alienation, Utah Divorce Court

I generally wouldn’t recommend trying to get the assistance of the court to remedy this problem. The legal system is not designed to address this problem well, if at all. And even when it can do something worthwhile, the legal…

How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

December 6, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Custody, Legal Custody, Modification of Child Custody

custody, Parent Time, sole custody

Good question. A generation or two ago, it was all but unheard of for parents to be awarded joint physical custody of their children. It was literally unthinkable in the minds of most legislatures, judges, and lawyers. Back then, married…

Can being a noncustodial parent improve the child-parent relationship?

Can being a noncustodial parent improve the child’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: Anecdotally: When my parents separated I felt I saw my…

Are you going through a child custody dispute in court, or contemplating one?

October 10, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Divorce, Finances, Modification of Child Custody

child custody dispute, custody, divorce, Rule 4-903

Are you going through a child custody dispute in court, or contemplating one? If so, have you heard about a custody evaluation? if not, you’ll want to pay particularly close attention to this post. Like many jurisdictions, Utah has a…

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…

Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it’s acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally, no, it is not acceptable. In the jurisdiction where I…

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…

Can I gain full custody if I’m bipolar?

I don’t want anything to do with my child’s father. Can I gain full custody if I’m bipolar? First, thank you for being so candid and blunt. This is a question that everyone on both sides of this issue have…

If each parent is fully capable, will the court still give full custody to mom?

If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about “what happened to me in my divorce” as I am not divorced.…

Can a non-custodial parent claim the child tax credit?

Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a Dependent Generally, because of the residency test, a child of…

What is the proper way to request a change of the child custody order?

What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that you have good odds of accomplishing successfully on your own,…

How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so that your fiancé can explain the situation to the lawyer,…

What will happen if the child refuses to go with the custodial parent?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers to stay with the father? This situation (and this question)…

What if your client gets custody when they should not have, due to you?

What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word for those who do such things, who compromise their principles,…

Widdison v. Widdison – 2022 UT App 46 – custody modification

April 13, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parental Rights, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Sole Custody, Special Circumstances, Unwed Parents, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

best interest, best interests, discretion, Modification, Parent Time, physical custody, Relocation, stability, substantial and material change in circumstances, Utah Code § 30-3-10.1, Utah Code § 30-3-10.4, Utah Code § 30-3-34, Utah Code § 30-3-37, Utah Code §30-3-36

Widdison v. Widdison – 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…

Modification of Child Custody

Can the Mom End up Paying Child Support to the Father if He Was Abusive?

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?

How Do I Handle a Narcissist Ex-husband in the Visitation of Children if I Have the Primary Custody? He Is Very Manipulative to Our Kids.

How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

Can being a noncustodial parent improve the child-parent relationship?

Are you going through a child custody dispute in court, or contemplating one?

Child refuses to exercise shared custody with the stricter parent

Do you think it’s fair for a non-custodial parent to pay more child support?

Can a parent with full custody deny visitation due to unsanitary conditions?

Can I gain full custody if I’m bipolar?

If each parent is fully capable, will the court still give full custody to mom?

Can a non-custodial parent claim the child tax credit?

What is the proper way to request a change of the child custody order?

How would my fiancé go about getting any sort of custody for his child?

What will happen if the child refuses to go with the custodial parent?

What if your client gets custody when they should not have, due to you?

Widdison v. Widdison – 2022 UT App 46 – custody modification

Our agreement says no child support, can my ex ask for it anyway?

What to do when child won’t comply with the custody award?

How do I get custody back of my child if the custodial parent is not keeping the child safe?