Physical Custody Archives

After a divorce, is joint residential custody better or worse for the children?

Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is a safe and pleasant way to enjoy sugar. ‘Nothing wrong…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Divorce Utah

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody

May 29, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

“before a district court may enter a judgment by default that transfers custody of a child, 2017 UT App 10, 391 P.3d 1051, 649 P.2d 51 (Utah 1982), Blocker v. Blocker, Hogge v. Hogge, the trial court must take evidence and then make findings that a substantial change of circumstances has occurred and that transferring custody of the child is in the child’s best interests.”, Utah Code § 30-3-10.4(2)

2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court, Ogden Department The Honorable Ernest W. Jones No. 134901419 Randall…

2019 UT App 82 – Blocker v. Blocker – terminating supervised parent-time

May 22, 2019

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Supervised Parent-time, Supervised Visitation, Utah Court of Appeals, Utah Court of Appeals Decisions, Visitation, Women's Divorce Issues

(Utah Ct. App. 1998), ¶ 33, 2000 UT App 213, 2009 UT App 365, 2016 UT App 94, 2017 UT App 10, 2017 UT App 192, 2018 UT App 137, 2018 UT App 184, 2018 UT App 196, 223 P.3d 456, 374 P.3d 45, 391 P.3d 1051, 406 P.3d 258, 427 P.3d 1221, 437 P.3d 370, 437 P.3d 445m, 649 P.2d 51 (Utah 1982), 694 P.2d 608 (Utah 1984), 967 P.2d 942, Becker v. Becker, best interests of the child, bifurcated procedure, Blocker v. Blocker, change in circumstances, changed circumstances, Childs v. Childs, Erickson v. Erickson, Hanson v. Hanson, Hogge v. Hogge, Jensen v. Jensen, Jones v. Jones, Lay v. Lay, maintaining relationship with child, mandate rule, older child, professional therapy, Shuman v. Shuman, speak by phone, special master, Stephens v. Stephens, unable to afford supervised visitation, unsupervised parent-time, welfare, without incident

2019 UT App 82 – Blocker v. Blocker THE UTAH COURT OF APPEALS KIRSTEEN DIDI BLOCKER, Appellee, MICHAEL PHILLIP BLOCKER, Appellant. Opinion No. 20170167-CA Filed May 16, 2019 Fourth District Court, Provo Department The Honorable James R. Taylor No. 024402553…

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

Divorce Utah

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

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

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

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

§ 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

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

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

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…

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

January 30, 2018

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…

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

January 24, 2018

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…

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

January 16, 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,…

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

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

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…