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Tag: child custody

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If a parent disappears for five years, what are his/her chances of winning child custody?

Divorce Utah
Abandonment and Desertion, Child Custody, Child Neglect, Children in Divorce, Custody, Uncategorized
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If a parent disappears for five years, what are his/her chances of winning child custody?  As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible for Mom being out of the picture for 5 years,…
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What happens after an affair when you have kids?

Divorce Utah
Adultery, Child Custody, Child Support, Children in Divorce, Custody, Extramarital affairs/Adultery, Fathers' Divorce Issues, Infidelity, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you have had…
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Can an unmarried parent legally keep the other parent from the children without having gone to court?

Divorce Utah
Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Women's Divorce Issues
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Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is not illegal for one parent to keep the children from…
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What happens after an affair when you have kids?

Divorce Utah
Adultery, Alimony and Support, Child Custody, Child Support, Custody, Extramarital affairs/Adultery, Infidelity
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What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…
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Will my medical marijuana prescription adversely affect my child custody case?

Divorce Utah
Child Custody, Children in Divorce, Parental Fitness, Substance Abuse, Visitation, Women's Divorce Issues
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If I have a prescription for marijuana, will this affect my custody case? I do not smoke in front of my child or have it around my child. Probably not, as long as you can A) prove the prescription is…
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How can I choose which of my parents gets custody of me?

Divorce Utah
Child Custody, Children in Divorce, Custody, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Utah Code, Utah Law, Women's Divorce Issues
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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…
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Unique challenges for men and women face in divorce and child custody

Divorce Utah
Alimony and Support, Child Custody, Custody, Domestic Violence, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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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.…
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What does it take to get the court to award custody to the father?

Divorce Utah
Child Custody, Custody, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Women's Divorce Issues
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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…
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Can I refuse visitation when a non-custodial parent refuses to take a child to school?

Divorce Utah
Child Custody, Child Custody Modification, Children in Divorce, Custody, Modification of Child Custody
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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…
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Can a mother keeping the children from the father work against in custody litigation?

Divorce Utah
Child Custody, Children in Divorce, Custody, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Uncategorized, Women's Divorce Issues
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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…
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If you haven’t seen “Erasing Family” and you’re going through a child custody dispute

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

Divorce Utah
Attorney Fees, Child Custody, Child Custody Modification, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Modification of Child Custody, Pro se (representing yourself)
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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,…
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Why does it seem like courts are against fathers when it comes to custody?

Divorce Utah
Child Custody, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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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…
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What does a judge ask a child in a custody case?

Divorce Utah
Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Custody, Fathers' Divorce Issues, Judges, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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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…
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Is it advantageous to lie and sling mud at the other parent to win custody?

Divorce Utah
Child Custody, Children in Divorce, Custody, Dirty Tricks, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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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…
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Can my ex use the panic over COVID-19 to withhold the kids from me?

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

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
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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…
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