Parent Time Archives - Divorce Utah

How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the “real” reason they are denied sole or even joint custody…

After a divorce, should my kids be with me or with the mom?

June 1, 2021

Divorce Utah

Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues

child custody, fathers, joint custody, joint equal custody, legal custody, mothers, parent, parents

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…

Why is it OK for a parent to be given custody without their kids’ consent?

May 28, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Expert Witnesses, Family Law, Fathers' Divorce Issues, GAL (Guardian ad Litem), Holiday Parent-time, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Women's Divorce Issues

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Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all lawyers, and the laws and rules governing what the courts…

Father has 50/50 custody. Now ex is trying to take it away. What to do?

May 7, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Co-parenting, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues

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I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody? First,…

How do I console a father who has lost custody of his child?

April 27, 2021

Divorce Utah

Child Custody, Child Custody Modification, Custody, Custody Evaluation, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Legal Custody, Legal System, Men's Divorce Issues, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Personality Disorders, Petition to Modify Decree of Divorce, Physical Custody, Utah Law, Women's Divorce Issues

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How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your question. It’s true. Time lost between a parent and child…

Good news, for parents deserving of joint equal physical custody

April 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Separation, Sole Custody, Termination of Parental Rights, Unwed Parents, Utah Law, Visitation, Women's Divorce Issues

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Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed, during the 2021 legislative session, a new Utah Code section.…

What would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits?

What would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits? Here’s what I would do: First,…

What are tips for parents sharing custody during COVID-19?

What are the different tips for parents sharing custody during this COVID-19? Best tip: don’t use COVID-19 as a pretext for withholding/preventing/sabotaging contact and care and communication between the children from the other parent. Don’t use COVID-19 as a pretext…

Can a mother lose custody even if the child is still very young?

April 2, 2021

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Personality Disorders, Preparing for Divorce, Sole Custody, Stepchildren, Stepparents, Supervised Parent-time, Supervised Visitation, Utah Code, Women's Divorce Issues

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Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very young (e.g., under 5 years old)? Oh, heck yeah. Many…

Being prepared for the parent who tries to interfere with vacations with your kids

March 25, 2021

Divorce Utah

Child Custody, Children in Divorce, Co-parenting, Dirty Tricks, Parent Time, Parenting Plan, Visitation, Women's Divorce Issues

Being prepared for the parent who tries to interfere with vacations with your kids Hi Eric,  Every  year I take the kids on a spring break trip, sometimes out of the country. It’s been on the calendar for a while. I’ve done everything the law requires me…

Why do I pay child support if we have joint custody and we both work?

I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question that many parents ask. I will answer it using the…

S.B. 122 just passed! So what? Joint equal physical custody.

March 6, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Court Orders, Custody, Custody Evaluation, Daycare, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Judges, Justice and Equity, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues

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S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender bias/sexual discrimination that is preventing fit, able, worthy fathers from…

Why is it difficult for a father to get child custody?

February 13, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parentage, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Paternity, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Uncategorized, Women's Divorce Issues

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Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society at large) that generally: mothers are better parents than fathers;…

Thomas v. Thomas – 2021 UT App – contempt, modification of custody

February 2, 2021

Divorce Utah

Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parent Time, Parental Alienation, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

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Thomas v. Thomas – 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021 Fourth District Court, Nephi Department The Honorable Anthony L. Howell…

Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?

December 25, 2020

Divorce Utah

Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Evidence, Expert Witnesses, Fathers' Divorce Issues, GAL (Guardian ad Litem), Judges, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Personality Disorders, Physical Custody, Sexual Abuse, Utah Code, Utah Court Rules, Women's Divorce Issues

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Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the judge can interview children free of charge? This post is…

If a parent exceeds parent-time by an hour or so, what can I do?

December 3, 2020

Divorce Utah

Child Custody, Custody, Parent Time

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If a parent exceeds parent-time by an hour or so, what can I do? Our custody order provides that child visitation is 11 a.m. – 4 p.m. My ex and I agreed by e-mail to change it to 10 a.m. to 3 p.m. But now my ex picks up at 10 and returns the child at 4 p.m. instead of 3 p.m., Is there…

For divorced parents: why isn’t your custody award 50/50?

For divorced parents: why isn’t your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or substance abuse), poverty, or distance from the other parent’s residence…

2020 Changes to Fall Break parent-time in Utah Code

June 19, 2020

Divorce Utah

Child Custody, Fathers' Divorce Issues, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Utah Code, Visitation, Women's Divorce Issues

30-3-35, child returns to school, fall break, school lets out, sunday, u.e.a., Utah code

When the fall school break parent-time period begins was a common question that the Utah State legislature addressed in the 2020 legislative session by making a clarifying change to the code. That change is found in Utah Code § 30-3-35(2)(f).…

What is the “right of first refusal”? Is it a statutory right in Utah?

What is the “right of first refusal”? Is it a statutory right in Utah? Many of you dealing with child custody disputes may have heard the time “right of first refusal” in the context of child care. This “right of…

Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020

April 6, 2020

Divorce Utah

Child Custody, Custody, Parent Time, Utah Law, Visitation

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Second and Third Judicial District Court COVID-19 Guidelines as of April 6, 2020: Second District NOTICE REGARDING DOMESTIC CASES AND COVID-19 As commissioners in the Second District Court, we anticipate that many attorneys and parties may have questions about whether…