Sole Custody Archives

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…

What will happen if the child refuses to go with the custodial parent?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers to stay with the father? This situation (and this question)…

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…

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…

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

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…

The way UT courts conduct custody evaluations nowadays is indefensible

The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little more than educated guesses. Yet the custody evaluation process in…

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…

If a married couple divorces and neither one wants their child, what happens?

Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that there are those rare and exceptional families we’ve either known…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

When flawed thinking is tragic thinking (thank goodness)

I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful because they reveal a common and recurring flaw in so many people’s thinking—and identifying the…

Can I legally stop talking to my dad if he has custody (I live with my mom full time, but he’s still legally my parent as well)?

This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address. First, is there any legally permissible and practicable way to force a child to talk with a parent?…

Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?

I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie and Brad Pitt are. I don’t know what findings the…

How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the “real” reason they are denied sole or even joint custody…

After a divorce, should my kids be with me or with the mom?

June 1, 2021

Divorce Utah

Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues

child custody, fathers, joint custody, joint equal custody, legal custody, mothers, parent, parents

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…

Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges on the bench who are clearly skilled in the law…

I have custody of my child. He’s refusing to come home. What now?

May 19, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

child choice, child custody, choice, choose, court, de facto, de jure, enforce, enforcement, Modification, modify, noncompliance, noncompliant, noncomplying, petition, physical custody, powerless, primary custody, primary physical custody, sole custody

I have custody of my child. He left to go to his mom’s last Friday for the weekend. He is refusing to come home because he wants to live there. What happens now? I will answer this question in the…