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Child Custody: what does it mean in divorce, and what factors determine who gets child custody?

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
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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…
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A list of common, but very good, Utah divorce questions (with answers)

Divorce Utah
Adultery, Alimony and Support, Assets/Debt/Property, Best Interest of the Child, Child Custody, Child Support, Coping With Divorce, Custody, Debts, Dirty Tricks, Division of Marital Property, Fathers' Divorce Issues, Finances, Infidelity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Physical Custody, Preparing for Divorce, Property Division, Women's Divorce Issues
ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE WILLING TO ANSWER A FEW QUESTIONS FOR ME (IN ALL…
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Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees

Divorce Utah
Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Custody, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Mistakes, Divorce Procedure, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Lawyer Fees, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Procedure and Evidence, Utah Court of Appeals, Women's Divorce Issues
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.…
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How does custody of children work if the parents live in different states?

Divorce Utah
Child Custody, Children in Divorce, Divorce Law, Divorce Preparedness, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues
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How does custody of children work if the parents live in different states? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law in Utah). There are two kinds of child custody in…
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What is the best way to get a 50/50 custody and visitation plan in family court?

Divorce Utah
Child Custody, Children in Divorce, Custody, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Women's Divorce Issues
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There are many, many factors the judge will consider. I’ll list them. First and foremost is: distance between the parents. If the parents don’t live close enough to each other to make joint custody work, the court simply won’t award…
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Child Custody and Where the Children Attend School

Divorce Utah
Best Interest of the Child, Child Custody, Children in Divorce, Coping With Divorce, Custody, Dirty Tricks, Divorce Mistakes, Divorce Preparedness, Education, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Women's Divorce Issues
How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not like, but nevertheless already knew: whichever parent persuades the judge…
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What if I don’t want custody of my child post-divorce?

Divorce Utah
Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce Fears, Divorce Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parental Rights, Physical Custody, Special Circumstances, Women's Divorce Issues
What if I don’t want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of the children, then your desire not to have custody should…
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Why does the mom usually win custody of her kids in a divorce?

Divorce Utah
Child Custody, Children in Divorce, Coping With Divorce, Custody, Divorce Fears, Divorce Law, Fathers' Divorce Issues, Joint Physical Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody, Women's Divorce Issues
Why does the mom usually win custody of her kids in a divorce? Why are mother’s awarded child custody so often? There is one main reason, and many ancillary reasons, so let’s review them: Main reason: There is a misplaced…
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K.P.S. v. E.J.P. – 2018 UT App 5 – Utah Court of Appeals – January 5, 2018

Divorce Utah
Appeal, Child Custody, Children in Divorce, Custody, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Procedure and Evidence, Utah Court of Appeals, Utah Court of Appeals Decisions, Women's Divorce Issues
2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul G. Maughan No. 034906783 Virginia L. Sudbury and Alison Satterlee,…
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What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?

Divorce Utah
Child Abuse, Child Custody, Children in Divorce, Coping With Divorce, Custody, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Preparing for Divorce, Women's Divorce Issues
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Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have on medical and health care decisions? Answer: Unless your divorce…
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My ex just announced he’s taking the children during my parent-time.

Divorce Utah
Child Custody, Children in Divorce, Contempt of Court, Coping With Divorce, Custodial Interference, Custody, Dirty Tricks, Divorce Law, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Parental Alienation, Parental Rights, Physical Custody, Women's Divorce Issues
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QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time. He is supposed to return the children on the 29th…
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How can I call my 10-year-old as a witness in family court to say where she would like to live, and why?

Divorce Utah
Child Custody, Children in Divorce, Coping With Divorce, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Modification of Child Custody, Parental Alienation, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Special Circumstances, Women's Divorce Issues
How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? My answer applies to the State of Utah, where I practice law: First, you may want to re-think…
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Can I sue for the child support I paid after our child started living with me?

Divorce Utah
Child Care/Surrogate Care, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Court Rules, Custody, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Finances, Men's Divorce Issues, Mothers' Divorce Issues, Motion Practice, Negotiation, Physical Custody, Women's Divorce Issues
QUESTION: Can I sue my child’s mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code § 78B-12-108 provides (in part), that except in cases of…
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How can I call my 10-year-old as a witness to say where she would like to live?

Divorce Utah
Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Discovery, Divorce Law, Divorce Procedure, Evidence, Fathers' Divorce Issues, GAL (Guardian ad Litem), Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Alienation, Parental Rights, Parenting Plan, Physical Custody, Procedure and Evidence, Special Circumstances, Visitation, Women's Divorce Issues
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QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: My answer applies to the State of Utah, where I practice law: First, you may want…
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Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?

Divorce Utah
Child Custody, Children in Divorce, Coping With Divorce, Custodial Interference, Custody, Divorce Law, Divorce Procedure, Fathers' Divorce Issues, Holiday Parent-time, Joint Legal Custody, Joint Physical Custody, Jurisdiction, Legal Custody, Men's Divorce Issues, Motion Practice, Order to Show Cause, Parent Time, Parental Alienation, Parental Rights, Parenting Plan, Physical Custody, Procedure and Evidence, Visitation, Women's Divorce Issues
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20 P.3d 307, 314-315 (Supreme Court of Utah 2001) (accord Iota,…
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Do you think current divorce laws are biased against men?

Divorce Utah
Child Custody, Child Custody Modification, Children in Divorce, Custody, Custody Evaluation, Divorce Law, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parental Rights, Physical Custody, Women's Divorce Issues
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Do you think the current divorce laws are biased against men? Yes (and I speak as one who represents both women and men in divorce where in Utah, where I practice law). Here’s why and how: Before I launch into…
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Fit parents and their children deserve joint custody

Divorce Utah
Child Custody, Children in Divorce, Custody, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Procedure, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Rights, Parenting Plan, Physical Custody, Procedure and Evidence, Women's Divorce Issues
As a matter of basic human rights and human nature, unless they are unfit then divorced and separated parents and their children deserve joint custody. “[A] parent’s right to the preservation of his relationship with his child derives from the…
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What factors does a court consider when making a child custody determination?

Divorce Utah
Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parenting Plan, Physical Custody, Women's Divorce Issues
What factors does a court consider when making a child custody determination? Here are the minimum factors the courts in Utah must consider in making a child custody award in divorce actions: Utah Code Section 30-3-10. Custody of children in case of…
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What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time?

Divorce Utah
Child Custody, Children in Divorce, Coping With Divorce, Custody, Divorce Court, Divorce Law, Divorce Procedure, Parental Rights, Physical Custody
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time? If I’m an air traffic controller and the plane I am trying to advise turns off its…
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