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Nebeker v. Orton – 2019 UT App 23 – custody and parent-time

2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140 Jared L. Peterson, Attorney…

If it’s so terrible to separate children from parents at the border, why is it so acceptable to separate children and parents in divorce?

January 18, 2019

Child Abuse, Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

If it’s so terrible to separate children from parents at the border, why is it so acceptable to separate children and parents in divorce? Utah Family Law, LC | divorceutah.com | 801-466-9277

What useful things can Jeff Bezos’s divorce can teach us

Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances to know. Assuming both parents are personally “fit” to exercise…

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

December 7, 2018

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

child custody, joint custody, joint legal custody, joint physical custody, parenting plan

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…

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

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…

Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees

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.…

How does custody of children work if the parents live in different states?

September 6, 2018

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

§ 30-3-37, Utah code, Utah Code § 30-3-37

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…

What is the best way to get a 50/50 custody and visitation plan in family court?

September 5, 2018

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

child custody, joint custody, legal custody, physical custody

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…

Child Custody and Where the Children Attend School

March 27, 2018

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…

What if I don’t want custody of my child post-divorce?

January 30, 2018

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…

Why does the mom usually win custody of her kids in a divorce?

January 24, 2018

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…

K.P.S. v. E.J.P. – 2018 UT App 5 – Utah Court of Appeals – January 5, 2018

January 16, 2018

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,…

What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?

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…

My ex just announced he’s taking the children during my parent-time.

January 2, 2018

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

76-5-303. Custodial interference, Utah Code § 78B-6-316

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…

How can I call my 10-year-old as a witness in family court to say where she would like to live, and why?

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…

Can I sue for the child support I paid after our child started living with me?

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…

How can I call my 10-year-old as a witness to say where she would like to live?

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…

Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?

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,…

Do you think current divorce laws are biased against men?

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…

Fit parents and their children deserve joint custody

July 9, 2017

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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