Parentage Archives

Blake v. Smith – 2023 UT App 78 – child custody, child support

Blake v. Smith – 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20, 2023 Third District Court, Salt Lake Department The Honorable Su…

How Can I Win Custody of My Son if I Haven’t Been There for Him for Ten Years?

February 21, 2023

Divorce Utah

Child Custody, Custody, Legal Custody, Parentage, Parental Rights

change of custody, child custody

About the only ways I can realistically imagine? The child’s other parent: – is dead; or – is unfit to be entrusted with the care and custody of the child. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-can-I-win-custody-of-my-son-if-I-havent-been-there-for-him-for-ten-years/answer/Eric-Johnson-311

If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

February 17, 2023

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Marital Property, Parentage, Physical Custody

child abuse, child custody, division of assets

Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you will find my answer enlightening just the same. If my…

Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances

2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable Ernest W. Jones No. 204900701 Devin Thayne, Appellant Pro Se…

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…

How can I better understand the importance of marriage?

July 13, 2022

Divorce Utah

Children in Divorce, Co-parenting, Divorce, Divorce Prevention/Marriage Preservation, Parentage, Parenting Plan

advice, children, counsel, decisions, divorce, importance of marriage, marriage, parenting

As a child with divorced parents, I find it hard to answer questions such as, “What is the importance of marriage?” How can I better understand the importance of marriage? Being a divorced parent does make it harder to make…

How does being a child of divorce change the way you approach marriage?

May 9, 2022

Divorce Utah

Children in Divorce, Divorce, Family Law, Parentage

adversity, attitude, children of divorce, dating, divorce, marriage, mindset, outlook, response, trauma

I saw something on Facebook recently that is applicable here. Two brothers had followed divergent paths into adulthood. One was a lonely alcoholic bum. The other was a successful and respected family man. When asked how he came to his…

How easy is it to change your child’s last name?

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah): Here are the applicable Utah Code sections: 42-1-1. By…

What kind of “damage” can untreated BPD in a parent cause children?

December 30, 2021

Divorce Utah

Child Custody, Children in Divorce, Co-parenting, Custody, Mental Illness, Parentage, Parental Fitness

bipolar disorder, BPD, children, Children in Divorce, damage, healing, mental illness, trauma

What kind of “damage” can an untreated single parent with BPD/shared custody/ cause to the kids in the long term? Plenty. Children of BPD parents often struggle with trusting others and forming intimate relationships. they often have a warped perception…

How do I best explain to my daughters that I am divorcing their stepmom?

November 17, 2021

Divorce Utah

Child Custody, Children in Divorce, Divorce, Extramarital affairs/Adultery, Parent Time, Parentage, Stepchildren, Stepparents

adultery, affair, Children in Divorce, divorce problems, domestic case, parenting, stepchildren, stepparents

What is the best way for me to explain to my 3 daughters that the reason in which I am divorcing their Assistant Prosecutor stepmother is because I wouldn’t let her legally adopt them and that I had an affair…

Why should I pay child support if the other parent isn’t asking for it (and doesn’t need it)?

This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice divorce and family law (which includes the issue of child…

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

bias, care, child custody, children, courts, difficult, false belief, false premises, father, fathers, holidays, joint equal child custody, mothers, mothers better parents, overcome, pernicious, presuming, presumption, primary custody, relationship, society, sole, weekend

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;…

What’s the difference between legal custody and physical custody?

April 13, 2020

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parentage, Paternity, Physical Custody, Utah Law, Women's Divorce Issues

Here’s a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is there are difference? The answer: “Legal custody” is not the…

Velasquez v. Chavez – 2019 UT App 185 – child surname

November 28, 2019

Divorce Utah

Name Change, Parentage, Parental Alienation, Parental Rights

769 P.2d 273 (Utah Ct. App. 1989), best interest of child, changing child’s surname, child, child’s best interest, decision, district court, Hamby v. Jacobson, six-factor test, surname, Utah Court of Appeals

2019 UT App 185 THE UTAH COURT OF APPEALS DARIO ARTHUR VELASQUEZ, Appellant, v. STACY L. CHAVEZ, Appellee. Opinion No. 20180451-CA Filed November 15, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates The Honorable Patrick Corum No.…

Have you ever doubted that your child was actually yours and decided not to find out if true?

February 22, 2019

Divorce Utah

Dirty Tricks, Parentage, Paternity

not the biological father, not the real father, real dad

No, but over the course of my career as a family lawyer I have spoken to several men who suspected they might not be the biological father of children they were raising or had raised to adulthood, but didn’t care…

Can I use Ancestry.com to prove or disprove paternity?

January 24, 2019

Divorce Utah

Parentage, Paternity

Ancestry.com, DNA test, parentage, paternity

Question: Can I use Ancestry.com to order child support? Answer: I think you’re asking whether you can use a commercial DNA testing service to prove in court that you are or are not the biological father of a child for…

I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child?

December 27, 2017

Divorce Utah

Child Custody, Extramarital affairs/Adultery, Parentage, Paternity

I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child? I practice law in Utah, so my answer is based upon…