Parent Time Archives - Divorce Utah

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

Divorce Utah

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…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Divorce Utah

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

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

May 28, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Dirty Tricks, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Paternity, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

§ 30-3-34, § 30-3-35, § 30-3-35.5, ¶ 26, 1999 UT App 290, 2001 UT App 225, 2009 UT App 233, 2014 UT 10, 2016 UT App 135, 2017 UT App 192, 2018 UT App 38, 2018 UT App 5, 217 P.3d 733, 29 P.3d 676, 326 P.3d 645, 379 P.3d 890, 406 P.3d 258, 414 P.3d 933, 420 P.3d 53, 436 (Utah 1993), 604 (Utah 1989), 761 P.2d 942 (Utah Ct. App. 1988), 776 P.2d 599, 850 P.2d 431, 989 P.2d 491, Bond v. Bond, Davis v. Davis, Elmer v. Elmer, Fullmer v. Fullmer, Gillmor v. Wright, Hudema v. Carpenter, K.P.S. v. E.J.P., Kimball v. Kimball, Shuman v. Shuman, State v. Nielsen, Taft v. Taft, Utah code

Nebeker v. Orton – 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…

Plan a Parenting Schedule That Works for Your Family – by Ryan Howard

Published with permission and by request of the author: Plan A Parenting Schedule That Works For Your Family

2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time

May 22, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Supervised Parent-time, Supervised Visitation, Utah Court of Appeals, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

(Utah Ct. App. 1998), ¶ 33, 2000 UT App 213, 2009 UT App 365, 2016 UT App 94, 2017 UT App 10, 2017 UT App 192, 2018 UT App 137, 2018 UT App 184, 2018 UT App 196, 223 P.3d 456, 374 P.3d 45, 391 P.3d 1051, 406 P.3d 258, 427 P.3d 1221, 437 P.3d 370, 437 P.3d 445m, 649 P.2d 51 (Utah 1982), 694 P.2d 608 (Utah 1984), 967 P.2d 942, Becker v. Becker, best interests of the child, bifurcated procedure, Blocker v. Blocker, change in circumstances, changed circumstances, Childs v. Childs, Erickson v. Erickson, Hanson v. Hanson, Hogge v. Hogge, Jensen v. Jensen, Jones v. Jones, Lay v. Lay, maintaining relationship with child, mandate rule, older child, professional therapy, Shuman v. Shuman, speak by phone, special master, Stephens v. Stephens, unable to afford supervised visitation, unsupervised parent-time, welfare, without incident

2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

Can I Get the Court to Force My NPD Spouse to Be Tested?

April 2, 2019

Divorce Utah

Child Custody, Child Custody Modification, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Parent Time, Personality Disorders, Visitation, Women's Divorce Issues

Should I attempt to / is it possible to have my court order my NPD to undergo psychological testing before he can get access to our child? First, let’s break down the bases for your resistance to you ex-spouse having…

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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

Divorce Utah

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,…