Physical Custody Archives

Is appointing a guardian ad litem helpful in custody cases?

Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah, where I practice divorce and family law. Each jurisdiction will…

If both parents are wonderful, will the court still favor the mother?

If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about “what happened to me in my divorce” as I am…

What is the argument for hearing a child’s view in a custody decision?

What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never actually has such evidence to consider. In Utah (where I practice divorce…

Can a parent take kids out of state while divorce is pending?

Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be considered kidnapping? Great question. I will answer your question based…

I’m 14 and my mom is making me live with my dad. How do I stop this?

I’m 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and family lawyer, and I see this question arise frequently. If…

Why isn’t 50/50 custody the default resolution in child custody cases?

I have studied this question throughout my career, and I’ve been a divorce and family lawyer for 25 years. If there is one family law question to which I know the answer, it is this one. Eventually, a rebuttable presumption…

In a divorce, should children live with their favorite parent?

I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent over the other is not expressly among the factors specified…

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

April 18, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Judges, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parenting Plan, Physical Custody, Preparing for Divorce, Procedure and Evidence, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Visitation, Women's Divorce Issues

appeal, calculation, child custody, Child Support, child support obligation, conclusions of law, deviate, district court, divorce decree, Domestic Violence, evidence, findings of fact, income, moral character, neglect, Parent Time, physical abuse, physical custody, statutory minimum schedule, trial court, Utah Code § 30-3-10, Utah Code § 30-3-34, Utah Code § 30-3-35, Utah Code § 30-3-35.5, Utah Code § 78B-12-203, Utah Court of Appeals

Twitchell v. Twitchell – 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First District Court, Logan Department The Honorable Brian G. Cannell No.…

Widdison v. Widdison – 2022 UT App 46 – custody modification

April 13, 2022

Divorce Utah

Appeal, Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parental Rights, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Sole Custody, Special Circumstances, Unwed Parents, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

best interest, best interests, discretion, Modification, Parent Time, physical custody, Relocation, stability, substantial and material change in circumstances, Utah Code § 30-3-10.1, Utah Code § 30-3-10.4, Utah Code § 30-3-34, Utah Code § 30-3-37, Utah Code §30-3-36

Widdison v. Widdison – 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…

Do you lose child custody if you have a bench warrant?

Not merely for having a warrant out for your arrest, no. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311

In re J.L… 2022 UT 12 – termination of parental rights

2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and J.A., Appellants, STATE OF UTAH, Appellee. No. 20200271 Heard September…

Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

Hinds v Hinds-Holm – 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 174905091…

How do we counteract the adverse effects of trusting custody evaluators?

January 27, 2022

Divorce Utah

Child Custody, Child Custody Modification, Custody, Custody Evaluation, Legal Custody, Physical Custody, Sole Custody, Uncategorized

child advocate, child custody, custody evaluation, custody evaluator, joint custody, legal advocate, legal custody, sole custody

The question was asked: In a study in 2012 proved many custody evaluators falsely believe most DV victims lied & alienated kids. So How do you prevent that evaluators report from poisoning all reports or evaluators after, since they always review…

Do courts penalize working parents?

November 26, 2021

Divorce Utah

Child Custody, Co-parenting, Court Orders, Custody, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody, Sole Custody, Uncategorized

child custody, full custody, joint custody, parental custody, sole custody, working parent

Why do the courts give full custody to a parent who refuses to work but yet reduces custody of the working parent, saying they work too much? In the belief that a parent who does not work outside the home…

Have you, or someone you know, ever had to share joint custody of a pet due to a breakup/divorce? If so, how did that work out? Was the time actually 50/50?

November 19, 2021

Divorce Utah

Custody, Divorce, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Pets in divorce, Physical Custody

custody, custody issues, divorce, divorce law, family law, joint custody, pets

Many married couples are now foregoing having children but still feel a need for caring for something other than themselves individually and for each other, and so they get a pet or pets. They truly love these pets. They honestly…

If two unwed people have a child and split up, is it treated like a divorce?

If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The child custody dispute (if there is one between the parents)…

If you have 50/50 custody, how much vacation time from kids is approriate?

November 3, 2021

Divorce Utah

Child Custody, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody

child custody, Children in Divorce, divorce, joint equal custody, separation, vacation

If you’re separated and have 50/50 custody, how much vacation time away from your kid is appropriate? Too many variables to consider to give you an intelligent answer. How old is the child? How “clingy” is the child? How long is the…

Physical Custody

Is appointing a guardian ad litem helpful in custody cases?

If both parents are wonderful, will the court still favor the mother?

What is the argument for hearing a child’s view in a custody decision?

Can a parent take kids out of state while divorce is pending?

I’m 14 and my mom is making me live with my dad. How do I stop this?

Why isn’t 50/50 custody the default resolution in child custody cases?

In a divorce, should children live with their favorite parent?

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

Widdison v. Widdison – 2022 UT App 46 – custody modification

Do you lose child custody if you have a bench warrant?

In re J.L… 2022 UT 12 – termination of parental rights

Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

How do we counteract the adverse effects of trusting custody evaluators?

Do courts penalize working parents?

Have you, or someone you know, ever had to share joint custody of a pet due to a breakup/divorce? If so, how did that work out? Was the time actually 50/50?

If two unwed people have a child and split up, is it treated like a divorce?

If you have 50/50 custody, how much vacation time from kids is approriate?

How do courts insist upon custody evaluations being conducted?

How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work

How can I get an emergency hearing for custody and child support?