Physical Custody Archives

Can a Mother Keep Her Children From Her Separated Husband Until Court in Utah?

December 20, 2022

Child Custody, Children in Divorce, Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody

custodial interference, custody, grey area, kidnapping

This is something of an intentionally gray area in the law, but that’s no reason or invitation to abuse it. Many don’t realize that a parent cannot kidnap his or her own children simply because he or she chooses to…

Are That there is a Bias Against Men/Fathers in Child Custody Disputes Just Whining?

December 15, 2022

Divorce Utah

Child Custody, Custody, Divorce, Legal Custody, Men's Divorce Issues, Parental Rights, Paternity, Physical Custody

Are claims that there is a bias against men/fathers in child custody disputes just whining? No. Such claims are true and while the problem is slowly abating, it still needs to be actively addressed and remedied. It’s not a knock…

My children’s father is a bum. Can he get 50/50 custody awarded?

The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%? His hours always vary from 4pm 7pm 9pm even 2am…

What happens when the child violates the custody and parent-time agreement and court orders?

November 24, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Physical Custody, Uncategorized

custody, minor children, Parent Time

One of the increasingly worst kept secrets in Utah divorce and child custody law is the fact that after a certain age, minor children are essentially ungovernable when it comes to enforcing child custody and parent time orders. I researched…

Can a child who wants to, testify of his/her desires regarding the child custody award?

Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody of me even though my mom doesn’t abuse me? What…

What does temporary custody without prejudice mean?

It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody order? For obvious reasons and necessity. If to parents are…

Should I get sole custody of my children if the dad does not want custody?

Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with it? Your children deserve a loving, salutary relationship with both…

How can I make sure father won’t gain custody?

My husband cheated on me and we’re getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure that he won’t gain custody or even visitation rights? Surely…

What are the primary parenting issues of concern by the court?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a divorced parent must pay for a child’s school fees. I…

Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it’s acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally, no, it is not acceptable. In the jurisdiction where I…

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…

Can a 16-year-old child choose not to have visitation with a parent?

Technically, no. Practicably/pragmatically, yes. Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply with the parent time “visitation” scheduling orders that a court…

In re G.B. – 2022 UT App 98

August 9, 2022

Divorce Utah

Abuse, Addiction, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Emotional abuse, ORS (Office of Recovery Services), Physical Abuse, Physical Custody, Substance Abuse

child abuse, child neglect, drug issues, juvenile court

2022 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.B. AND A.C., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.R.B., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210396-CA Filed August 4, 2022 Fifth…

Is it possible to get court transcripts for custody hearings?

Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. Every jurisdiction is different regarding how court proceedings are recorded…

I signed a CPS safety plan but the court orders protective supervision.

What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311

Physical Custody

Can a Mother Keep Her Children From Her Separated Husband Until Court in Utah?

Are That there is a Bias Against Men/Fathers in Child Custody Disputes Just Whining?

My children’s father is a bum. Can he get 50/50 custody awarded?

What happens when the child violates the custody and parent-time agreement and court orders?

Can a child who wants to, testify of his/her desires regarding the child custody award?

What does temporary custody without prejudice mean?

Should I get sole custody of my children if the dad does not want custody?

How can I make sure father won’t gain custody?

What are the primary parenting issues of concern by the court?

What can you do if your ex-husband does not want to pay school fees?

Do you think it’s fair for a non-custodial parent to pay more child support?

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a 16-year-old child choose not to have visitation with a parent?

In re G.B. – 2022 UT App 98

Is it possible to get court transcripts for custody hearings?

I signed a CPS safety plan but the court orders protective supervision.

How does someone take custody of a child after winning custody?

What is the proper way to request a change of the child custody order?

How can I reveal my soon-to-be ex as having NPD in our custody case?

How would my fiancé go about getting any sort of custody for his child?