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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

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

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

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

§ 30-3-35.2, §30-3-35.2. Equal parent-time schedule, 30-3-35.2, ability to assist, actively involved, after school care, assistance with homework, bath time, bedtime for the child, caring for the child, child's life, child's school, child’s best interest, demonstrated responsibility, distance, each parent, effectively facilitate, equal, equal custody, equal parent-time, equal parent-time schedule, extracurricular activities, factors, flexibility of employment, geographic distance, health of each parent, health of parent, health of the child, history and ability to implement a flexible schedule for the child, involvement in child care, joint custody, joint equal custody, meal preparation, parent's bond with the child, physical facilities of each parent's residence, presence, provide appropriate playtime, relevant, residence, s.b. 122, Subsection 30-3-10(6), Utah code, volunteer efforts

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

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

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

2021 UT App 8, alienating, animosity, attorney fees, attorney fees and costs on appeal, children, conflicts, contempt, daughter, denying parent-time, derogatory, discussing adult issues with the children, disparaging, divorce, divorce decree, fine, had the ability to comply, Honorable Anthony L. Howell, intentionally failed or refused to do so, joint physical custody, knew what was required, love and affection, Parent Time, parent-time schedule, parenting disputes, primary custody, purge contempt, putting the children in the middle, rule 53, sanctions, son, special master, supervised, suspension of any licenses issued by the state, therapy, thirty days incarceration in county jail, Thomas v. Thomas - 2021 UT App, triangulate, Utah Court of Appeals, Utah Rules of Civil Procedure

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

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

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

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

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

coronavirus, COVID-19, custody, pare-time, right of first refusal, school closures, Second District, Second Judicial District. Third District, spring break, Third Judicial District, Utah

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…

Can I exercise overnights with children if I live in student housing?

March 25, 2020

Noncustodial parents, Parent Time, Visitation

noncustodial parent., student housing

Can a non-custodial parent exercise overnights with children while living in off-campus student housing? As long as the school permits it and the living environment is sufficient to meet the child’s needs, yes. So you need to determine whether the…

How is the custody going to work after separation?

After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation? The question of what the court will do regarding child…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

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2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

Why don’t the police help more with custody and parent-time enforcement?

In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes that authorize and empower the police to intervene. This is…

Why can a child refuse to live with a parent as court ordered?

Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to live with either parent and instead live with an adult…

Why is it common for the custodial parent to villainize the ex to their child?

I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and any time it occurs is too often. And let’s clarify…

Does being jailed necessitate supervised visitation?

July 13, 2019

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

supervised parent-time, supervised visitation, supervision, visitation

Would you be ok with a parent getting out of jail and having full unsupervised visitation? Under certain circumstances, yes. Certainly. If the jailed parent was jailed for non-violent, non-dangerous crimes like unpaid parking tickets or check kiting, it would…

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