child custody Archives

Blake v. Smith – 2023 UT App 78 – child custody, child support

Blake v. Smith – 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20, 2023 Third District Court, Salt Lake Department The Honorable Su…

What does it mean when he tries to avoid a legal fight in court for child custody?

It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not want custody of the child or doesn’t care to litigate…

How Do Witnesses Contribute to the Decision-Making Process in Child Custody Hearings and Trials?

August 28, 2023

Divorce Utah

Best Interest of the Child, Utah Code, Witness, Witness Testimony

child custody, hearings, witnesses

If what we learn from witnesses didn’t generally tend to be more informative and reliable than not, then we wouldn’t listen to witnesses at all. No sensible person believes that which he or she knows not to be true, and…

How Do I Inform a School About Divorce and That Their Father Is Not Allowed to Pick Them Up?

August 8, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Child Protective Order, Coping With Divorce, Custody, Fathers' Divorce Issues, Mothers' Divorce Issues, Utah, Utah Code, Utah Court Rules, Utah Law

child custody, custody, divorce, school

Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring an uncertified copy of the applicable court order(s) or just…

What Is the Point of Granting Divorced Parents Joint Custody and Splitting Parenting Time? Isn’t It the Idea That the Children Benefit From Having Two Parents? Isn’t That True Only So Long as Both Parents Are Positive Influences and Not Criminals?

August 4, 2023

Divorce Utah

Best Interest of the Child, Child Custody

best interest of the child, child custody, parental fitness

You pose two very good questions, and there are very good answers to each of them. Question 1) What is the point of granting divorced parents joint custody and splitting parenting time? Isn’t it the idea that the children benefit…

Is My Ex-spouse Responsible for Paying Our Child’s College Education?

July 12, 2023

Divorce Utah

Child Custody, Children in Divorce, Custody

child custody, cutsoyd laws

In Utah, the law does not require divorced parents to pay for an adult child’s education. Divorcing parents can agree that one or both parents will fund some or all of a child’s college education, but they cannot—at least as…

If I Have a Temporary Court Hearing for Joint Custody and I Have Planned a Vacation Before the Order Is in Place. Can I Still Take My Child Out of State as the Custodial Parent?

July 7, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting

child custody, divorce

This is a complicated question. If there is no statute or court order in place that bars you from taking your child out of state with you for a vacation, and no law that provides that you must obtain the…

Can I File for an Order of Protection Against My Daughter’s Father for Myself, Even if She Is Living With Him?

June 29, 2023

Divorce Utah

Child Custody, Child Protective Order, Co-parenting, Protective Orders

child custody, Parent Time, prtoective order

If he poses a danger to you, then yes. The fact that a child you share lives with him will not prevent you from obtaining a protective order against him for your protection. If you are wondering whether a protective…

How Long Will It Take for the Court to Adjust Custody in a Parental Alienation Situation?

June 21, 2023

Divorce Utah

Alienation of Affection, Best Interest of the Child, Child Custody

best intrest of the child, child custody, parental alienation

You need to ask some other questions first before you get to the answer to the question of how long it will take. First, can you prove parental alienation to the satisfaction of the judge? If you can’t, then the…

We Have Joint Custody, but I’ve Moved to Another State. Is It Wrong to Ask My Ex to Bring Our Child to Me?

June 6, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Co-parenting, Family Law, Joint Legal Custody, Joint Physical Custody, Parent Time

child custody, moving out of state

We have joint custody in Nevada. I’m in California now. Is it wrong to ask them to take my child to me because of my location? Do mean to ask, “Is it wrong to ask the other parent to do…

How Long Do Child Custody Cases Usually Last, if There Isn’t Anything Super Serious or High Stakes Going On?

June 1, 2023

Divorce Utah

Child Custody

child custody, court

Great question. I wish I had a pleasing answer to it for you. I can’t speak for all jurisdictions, but in Utah (where I practice law and handle child custody disputes), a contested child custody case in which there is…

If I Owe Arrearages in Child Support, Do They Go Away if I Am Awarded Full Custody?

May 22, 2023

Divorce Utah

Child Custody, Child Support

arrearages, child custody

Good question. I cannot answer this question for how all jurisdictions would handle it, but I can tell you what the law is in Utah governing this question (and it’s a safe bet that most jurisdictions take a similar approach,…

What Happens in a Custody Case When Both Parents Are Proven Unfit?

May 15, 2023

Divorce Utah

Child Custody

child custody, unfit parents

This is a great question. Note: I cannot answer this question for all jurisdictions, but I can answer it as it applies in the jurisdiction where I practice divorce and family law (Utah). First, I do not know the definitive…

How Can a 100% Mentally Disabled Person Keep Full Custody of Their Kids?

April 27, 2023

Divorce Utah

Child Custody

child custody, custody

I will answer this question as a general matter in the context of Utah law because I practice divorce and family law (and thus I deal with child custody disputes daily), so bear in mind that my answer to this…

How Do You Overturn Emergency Temporary Custody?

April 24, 2023

Divorce Utah

Child Custody

child custody, Emergency Temporary Custody

This is not the kind of situation in which you can obtain a change you want by taking certain steps. To overturn or modify a temporary child custody order you would need sufficient evidence to persuade the court that circumstances…

Can You File for Defamation While a Custody Battle Is Happening?

April 14, 2023

Divorce Utah

Child Custody, Custodial Interference, Custody, Defamation, Divorce Law, Legal Custody

child custody, defamation, defamation and child custody

I cannot speak to what the law is in all jurisdictions, but I can answer this question as it applies in the jurisdiction where I practice divorce and family law (Utah). Custody battles can arise between married and unmarried parents.…

If Parents Are Unable to Care For Their Children, Do Grandparents Have the Legal Right to See Them?

April 7, 2023

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Family Law, Grandparent rights, Parent Time, Utah Law

child custody, Grandparents rights

I cannot answer this question as the law applies in every jurisdiction, but I can give you the answer as the law applies in Utah, which is the state where I practice divorce and family law, which includes a great…

If the Mother Loses Custody of the Child to a Third Party Does the Father Still Have to Pay Child Support

April 6, 2023

Divorce Utah

Child Custody, Child Support

child custody, Child Support

There are many weird twists that a case like the one you’ve described can take, but generally speaking (and I must speak generally because I do not know how the laws of every different jurisdiction function), if a parent loses…

Can You Get 6 Months of Visitation With Your Child and Your Ex-spouse Gets 6 Months in Child Custody?

April 3, 2023

Divorce Utah

Child Custody

child custody, visitation

Can you? It is possible, yes. Will you? Not likely. Why? To get a judge/court to order that the child spends six consecutive months with one parent, then six consecutive months with the other parent, you would have to convince…

What Percentage of Fathers Get Full Custody?

March 29, 2023

Divorce Utah

Child Custody

child custody

This is largely a factor of where the custody dispute takes place. Some jurisdictions favor mothers over fathers as much as 80% (although that number is decreasing as joint custody is becoming more politically and culturally popular nationwide). Other jurisdictions…

Tag: child custody