child custody Archives - Divorce Utah

How can I choose which of my parents gets custody of me?

How can I choose which of my parents gets custody of me? In Utah, a child can’t choose. At least not anymore. Under current Utah law, children do not get to choose which parent will be awarded custody or what…

Unique challenges for men and women face in divorce and child custody

September 16, 2020

Divorce Utah

Alimony and Support, Child Custody, Custody, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

alimony, child custody, Domestic Violence, men, protective order, restraining order, stalking injunction, unique challenges, women

The unique challenges men and women face in divorce and child custody cases What follows is my opinion, but my honest and sincere opinion born of experience over the past 23 years in the practice of divorce and family law.…

What does it take to get the court to award custody to the father?

What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent that the court cannot both i) award her custody and…

Can I refuse visitation when a non-custodial parent refuses to take a child to school?

August 26, 2020

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Custody, Modification of Child Custody

change, child custody, fail, modify, non-custodial, noncustodial, Parent Time, refuse, refuse visitation, school, withhold visitation

Can I refuse visitation when a non-custodial parent refuses to take a child to school? In the jurisdiction where I practice divorce and family law (Utah), the answer is: Unless you have a court order that allows you to refuse…

Does refusal to return a child after the weekend automatically give me custody?

August 4, 2020

Divorce Utah

Child Custody, Custody

automatic, child custody

Does refusal to return a child after the weekend automatically give me custody? My daughter’s dad took her for the weekend and never brought her home it’s been almost a month he won’t respond to my calls do I automatically…

Can a mother keeping the children from the father work against in custody litigation?

Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living in the home as well impact the decision for joint…

If you haven’t seen “Erasing Family” and you’re going through a child custody dispute

June 4, 2020

Divorce Utah

Child Custody, Coping With Divorce, Custody, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child custody, custody, divorce, documentary, Erasing Family, law, legal system

If you haven’t seen “Erasing Family” and you’re going through a child custody dispute, you should. You really should. Because you really don’t have any idea what you’re in for. Oh, I know you believe you do. You don’t. I…

Do I have a chance in divorce court without a lawyer? Do I really need one?

A chance? Sure. You have a chance. And you have a chance of winning the lottery, just not a very good chance of it. You may not want to read the rest of my answer because I am a lawyer,…

Why does it seem like courts are against fathers when it comes to custody?

May 14, 2020

Divorce Utah

Child Custody, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

against fathers, bias, child custody, courts, custody

Why does it seem like courts are against fathers when it comes to custody? Because while the courts are becoming less and less biased against fathers as time goes by, they are still generally biased against fathers when it comes…

What does a judge ask a child in a custody case?

In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly rational*, the majority of judges are extremely reluctant to question…

Is it advantageous to lie and sling mud at the other parent to win custody?

Today’s question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part of the ‘arsenals’ used to win a custody battle and…

Can my ex use the panic over COVID-19 to withhold the kids from me?

March 23, 2020

Divorce Utah

Child Abuse, Child Custody, Child Custody Modification, Custodial Interference, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child custody, COVID-19, Parent Time, visitation

“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week from his spring break visitation? With all the panic over…

Do the family courts in the U.S. tend to favor the mother over the father?

March 19, 2020

Divorce Utah

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

bias, child custody, favoritism

Do the family courts in the U.S. tend to favor the mother over the father? Generally, yes. The courts are slowly, but noticeably, becoming less biased in favor of mothers over fathers, but the bias is still undeniably there. Fathers…

I’m a year sober. Can my alcoholism hurt my child custody chances?

March 17, 2020

Divorce Utah

Addiction, Child Custody, Custody, Custody Evaluation, Parental Fitness, Substance Abuse

alcoholic, alcoholism, child custody, custody, sober, sobriety

I’m an alcoholic who endured domestic violence in my marriage. My husband exploited my addiction when he wanted an excuse to replace me. Now he’s trying to use it as a means to get custody. Can this damage my case…

If we agree on child support and custody, can the judge reject our agreement?

March 12, 2020

Divorce Utah

Child Custody, Child Support, Custody, Mediation, Settlement

child custody, equitable, fair, feasible, mediation, out of court, reject, settlement

If my husband and I agree on child support and custody in mediation, can the judge reject our agreement? Yes. A judge is not obligated to approve of and adopt as his/her child custody order the agreement the parents may…

How many states favor mothers in child custody proceedings?

How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question is not whether a particular “state” favors awarding custody of…

Can an abusive father win custody even if they’re not legally married?

March 6, 2020

Divorce Utah

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

abusive father, abusive mother, abusive parent, child custody, court

I’m in an emotionally, verbally, and financially abusive relationship. Can an abusive father win custody even if they’re not legally married? Anybody can do or get anything, if he/she tries hard and the circumstances work in his/her favor. Anybody can…

Divorcing parents in psychiatric care deny thoughts of self-harm?

Do parents in psychiatric care deny thoughts of self-harm for fear admitting it may impact custody? Is it common for a parent in psychiatric care to make false denials of thoughts of self-harm for fear that doing so may adversely impact…

Should all the kids stay with one parent after a divorce? Why or why not?

January 24, 2020

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Dirty Tricks, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest, child custody, families, joint custody, primary custody, sole custody

I am a divorce and family lawyer. I have been for 23 years. It is impossible to come up with a blanket policy for all children of all parents in all families. For example, if a divorce were precipitated by…

Were Amber Alerts created as a way to solve family custody disputes?

January 6, 2020

Divorce Utah

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

Amber Alert, child custody, custody dispute

No, not at all. One of the absolute worst ways to address, much less resolve, family custody disputes is seeking an Amber alert. Indeed, making Amber alert reports over child custody disputes (as opposed to genuine concern that an actual…

Tag: child custody