Physical Custody Archives

Child refuses to leave noncustodial parent’s house. What happens now?

May 14, 2021

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

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I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will answer this question in the context of my experience as…

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,…

Does a spouse have the right to see a DUI report?

Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to…

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…

Why is child support and alimony rooted in revenge, power, and humiliation?

Why is child support and alimony rooted in revenge, power, and humiliation? The full question was actually: “Why is child support and alimony rooted in revenge, power, control, and humiliation over the father instead of support for the child?” This is…

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 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…

What policies and factors determine how child support is calculated?

March 16, 2021

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical 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, Physical Custody, Women's Divorce Issues

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What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation guidelines and formulae to determine which parent pays child support…

Do parents who share joint equal custody pay child support?

Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of our child or children, would one of us still end…

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;…

I’ve never seen a GAL or custody evaluator add value equal to the fees they charge

I’ve never seen a GAL or custody evaluator add value equal to the fees they charge This post is the fourteenth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs”…

How useful are a GAL’s or custody evaluator’s recommendations?

How useful are a GAL’s or custody evaluator’s recommendations? This post is the twelfth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody cases when the judge…

What is the best case law to cite about parental alienation?

What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My e-mail address is eric@divorceutah.com. Courts are, in my experience, very reluctant…

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…

Does having the judge interview the children traumatize the children?

December 23, 2020

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce, Divorce Attorneys, Divorce Causes, Divorce Mistakes, Emotional abuse, Family Law, Fathers' Divorce Issues, Firing a Divorce Lawyer, GAL (Guardian ad Litem), Judges, Justice and Equity, Juvenile Court, Legal Custody, Legal System, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Physical Custody, Preparing for Divorce, Utah Code, Utah Law, Utah Supreme Court Decisions

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Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child…

How do I fight a DUI without a lawyer?

How do I fight a DUI without a lawyer? You don’t. Too much at stake. Too hard to do on your own. I’m a lawyer (a divorce and family law attorney), and although I don’t drink, if I were charged…

What advice would you give me before divorce, if I’m not in the wrong?

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

Can your ex withhold visitation if you have joint and they have final say pending a COVID-19 test?

August 5, 2020

Divorce Utah

Child Custody, Legal Custody, Physical Custody

COVID-19, decision-making authority, final say, tie-breaking authority

Can your ex withhold visitation if you have joint and they have final say pending a COVID-19 test? It’s hard to find a decree or other court order that would have been created to address COVID-19 because it’s still, as…

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…