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

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 Jared L. Peterson, Attorney…

Child Custody: what does it mean in divorce, and what factors determine who gets child custody?

December 7, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Physical Custody, Visitation, Women's Divorce Issues

child custody, joint custody, joint legal custody, joint physical custody, parenting plan

One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who your children will live with after you and your ex-spouse…

Parent-Time During the Holiday Season 2018

October 23, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

Christmas, Hallowee, holiday season, Parent Time, Thanksgiving

Parent-Time During the Holiday Season 2018 The holiday season is upon us, and many divorced and single parents need to prepare and plan for your holiday season parent-time this time of year. Understanding how parent-time functions during the holidays will…

Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees

Erickson v. Erickson – 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District Court, West Jordan Department The Honorable L. Douglas Hogan No.…

Can a court force a parent to exercise visitation, even if that parent doesn’t want to?

September 3, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

compel, force, order, Parent Time, visitation

If a divorced parent doesn’t want visitation rights (i.e. doesn’t want to see his/her child), is that legal, or would the court order the unwilling parent to have visits? This a great question because it’s a bold, honest question that…

Lay v. Lay – 2018 UT App 137 – § 30-3-35.1 parent-time not mandatory

July 25, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

“may consider”, § 30-3-32, § 30-3-35, § 30-3-35.1, mandatory, optional, optional schedule, Parent Time, schedule, Utah code

2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan Department The Honorable Bruce C. Lubeck No. 074400807 Steve S.…

Perspective of a Law Student: How my views on court decisions have changed

July 19, 2018

Child Custody, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

30-3-10. 30-3-10.2, children, custody, Parent Time, visitation

Perspective of a Law Student: How my views on court decisions have changed after 2 years of law school by Alyssa Miller Before law school I perceived court cases and the decisions made to be widely within the discretion of the…

Noncustodial Parents: Understanding Parent-Time

Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who your children will live with after you and your ex-spouse…

Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?

July 11, 2018

Best Interest of the Child, Child Care/Surrogate Care, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Coping With Divorce, Dirty Tricks, Divorce Mistakes, Divorce Preparedness, Parent Time, Visitation

clothes, clothing, keep, Parent Time, return, visitation

QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad’s place? He has been requesting that I send specific items with the kids for his weekends (stuff like swim shirts, church clothes,…

How Do I Get My Ex Prosecuted for Custodial Inteference?

July 10, 2018

Child Custody, Contempt of Court, Coping With Divorce, Custodial Interference, Divorce Law, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

contempt of court, custodial interference, motion, motion for order to show cause, order to show cause

QUESTION: What can I file in court for custodial interference? Is it just a matter of filing a motion for order to show cause? Or is there more to it? ANSWER: Custodial interference is a crime, so you cannot file…

What is the average cost of divorce, when child custody is contested?

How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see if you read and watch the experience of others who…

How Utah courts have parents take care of their children after divorce

June 29, 2018

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

345 P.3d 566 (2015 UT 23), child custody, Dahl v. Dahl, Parent Time, Utah Code § 30-3-10, Utah Code § 30-3-10.2, Utah Code § 30-3-10.8, Utah Code § 30-3-10.9, Utah Code of Judicial Administration Rule 4-903

Child Custody: How do courts provide for parents to take care of their children after divorce? When parents divorce, one of the biggest potential conflicts is the question of child custody. Many issues in divorce, such as disputes over finances,…

If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children?

June 22, 2018

Adultery, Child Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Visitation, Women's Divorce Issues

adultery, child custody, custody, parental fitness, UCJA 4-903, Utah Code Section 30-3-10, Utah Code Section 30-3-10 .2

If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children? In my opinion, 9.5 times out of 10 the fact—standing alone—that the wife got pregnant in the course of…

Why are women generally awarded child custody more often than men?

QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it? ANSWER: I am not divorced, and I never have been…

If my ex makes the kids late for school, am I responsible?

March 28, 2018

Best Interest of the Child, Child Abuse, Child Custody, Education, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

non-compliance, noncompliance, Parent Time, school, truancy, visitation

What happens if a non-custodial parent habitually brings a son back days late from a visitation, resulting in unexcused absences from school (kindergarten)? Am I responsible for the truancy? The school district/truancy officer can’t offer any advice. What happens (present…

What is your favorite child custody arrangement?

March 15, 2018

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Parent Time, Visitation

2-2-3, 2-2-5-5, 3-4-4-3, custody schedules, parent-time schedules, visitation schedules

What are your favorite child custody schedule? Alternating weeks, 2–2–3, 3–3–4–4, or something else? Without regard to any other considerations that would affect a custody schedule, my favorite schedule generally is neither the 2-2-3-3 or 3-3-4-4. I like the 2-2-3…

Yes, there is a bias in favor of mothers in child custody disputes, but not for much longer.

Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being able to see their children, and inequality, that’s great. But…

My ex claims snow days and teacher development days are all his. How does Utah law govern this?

March 2, 2018

Child Custody, Divorce Law, Holiday Parent-time, Parent Time

parent-time schedule, snow days, teacher development days

QUESTION: My ex keeps bringing up snow days and teacher development days and claims he gets them all. How does Utah law govern this? ANSWER: First, do unto others as you would have them do unto you. That goes for…

How can I convey to the judge how damaging it would be for our child to have unsupervised visits?

February 28, 2018

Parent Time, Supervised Parent-time, Supervised Visitation, Visitation

supervised visitation

How can I convey to the judge how damaging it would be for my 3-year-old to have unsupervised visits with her father? He’s delusional: says he killed about 400 people for pay, connected to underground crime. I am terrified for…

Why does the mom usually win custody of her kids in a divorce?

January 24, 2018

Child Custody, Children in Divorce, Coping With Divorce, Custody, Divorce Fears, Divorce Law, Fathers' Divorce Issues, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Women's Divorce Issues

Why does the mom usually win custody of her kids in a divorce? Why are mother’s awarded child custody so often? There is one main reason, and many ancillary reasons, so let’s review them: Main reason: There is a misplaced…

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