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Tag: best interest of child

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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…

How can I enforce my power when I have final say in joint custody?

My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good faith my final say authority over our son’s well-being, health,…

Do you agree or disagree? Divorce creates chaos in the family.

January 7, 2022

Divorce, Divorce Law, Family Law

best interest of child, best interest of family, children, Dad, divorce, divorce concerns, divorce issues, family, family dynamic, mom, parents

Divorce generally creates far more chaos in individual families than it alleviates, but sometimes a divorce is the best thing to happen to a family. But that’s like saying sometimes its good to get arrested—rarely is it a good thing. Utah Family…

I have a debit card in my name. Can my parents take it?

December 9, 2021

Children in Divorce, Court Rules, Family Law, Parental Rights, Utah Code, Utah Court Rules, Utah Law

best interest of child, child's rights, children, domestic relations, family law, parental rights

I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This is a tough question that depends on the laws of…

I’m a child whose parents are divorcing and fighting over custody. What can I do?

October 14, 2021

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Law, Family Law, GAL (Guardian ad Litem), Joint Legal Custody, Joint Physical Custody, Utah Law

best interest of child, child custody, guardian ad litem. Utah law, Parent Time

I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn’t want to take me to court to present my case that I want to see my mother. What can…

Is filing for divorce altogether worth it despite the high cost and heavy emotional toll?

August 27, 2021

Divorce, Divorce Causes, Divorce Fears, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest of child, divorce, divorce causes, justification, marriage, mental health, saftey

There are clearly circumstances that not only justify but may even necessitate a divorce. No one is bound to remain married too someone who threatens one’s life or physical safety with a life or physical safety of one’s children. No one is…

Can someone go to court to prevent their un-vaccinated ex from taking the kids, even though they share 50-50 custody?

Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your request seriously and grant it is a separate question. Would…

Pro-fairness and Pro-child

Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a comment on this video: Do you think it’s fair that…

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…

Judge says stay away from my paramour. Can judge do that?

Judge says stay away from my paramour. Can judge do that? I became pregnant by my paramour after my husband and I separated. The court order states we are not to have paramours around our child. Will the judge take…

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”?

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”? The child certainly can be like the child (Andrea) from Jacqueline Wilson’s “The Suitcase Kid,” if under a shared parenting arrangement…

Velasquez v. Chavez – 2019 UT App 185 – child surname

November 28, 2019

Name Change, Parentage, Parental Alienation, Parental Rights

769 P.2d 273 (Utah Ct. App. 1989), best interest of child, changing child’s surname, child, child’s best interest, decision, district court, Hamby v. Jacobson, six-factor test, surname, Utah Court of Appeals

2019 UT App 185 THE UTAH COURT OF APPEALS DARIO ARTHUR VELASQUEZ, Appellant, v. STACY L. CHAVEZ, Appellee. Opinion No. 20180451-CA Filed November 15, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates The Honorable Patrick Corum No.…

What’s the best way to decide who takes the children when a couple splits?

April 29, 2019

Child Custody, Children in Divorce, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest of child, best interest of the family, child custody, decent parent, fit parent, loving parent

I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about. The goal of a child custody award should be the…

I have no job, I’m living in my parents’ house, and I’m on methadone. Can I get custody?

August 10, 2018

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

best interest of child, child custody, drug addiction, fitness, living with parents, unemployed

What do I do to gain shared custody of my now 13-year-old child? I do not have a current job (due to a medical problem), and I am living in my parents’ house. I’m on a methadone program too. You…

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