child custody Archives - Divorce Utah

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

March 23, 2020

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. Only a fool (or a con artist) would tell you otherwise. The courts are slowly, but noticeably, becoming less biased in favor of…

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…

Best way to handle a child custody dispute with a mentally ill ex?

January 4, 2020

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Mental Illness

care, child custody, court, emotional, harm, interest, mental illness, personality disorders, physical, relevant

After procuring an attorney for the matter, what is the best way to prepare for an upcoming child custody dispute with a PBPD ex? I am amazed at the number of people who believe that courts are interested in whether…

How is the custody going to work after separation?

After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation? The question of what the court will do regarding child…

Why don’t the police help more with custody and parent-time enforcement?

In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes that authorize and empower the police to intervene. This is…

Are bedbugs a basis for modifying child custody or parent-time?

December 4, 2019

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce

bed bugs, child custody, court, environment, Exercise, judge, Modification, modify, Parent Time, perspective, refuse, sanction, sanctions

If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent without bedbugs be sanctioned for failure to coparent? I am…

Can children choose with which parent they will live?

July 24, 2019

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Custody

child custody, choice, choose, custody, decide, Utah

How much input do you let your child have in deciding who they’re going to live with or which parent they’ll be spending more time with? This is a question on which the law has gone back and forth. In…

Do women get sole or primary custody of children by default?

July 22, 2019

Divorce Utah

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

award, child custody, men, presumptive, sexist, women

How do you feel about the fact that in divorce, the mother seems to get custody of the child almost by default? Wouldn’t it make more sense to have 50/50 custody by default, or an actual assessment on which parent…

Child Custody, Utah Code Section 30-3-10, and medical cannabis

May 16, 2019

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Law, Utah Code, Utah Law

30-3-10, child custody, marijuana, medical cannabis, medical marijuana, Utah code

Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10 to ensure that parents who legally use or sell medical…

If my spouse cheats, and we divorce will I get custody of my children?

May 1, 2019

Divorce Utah

Adultery, Child Custody, Children in Divorce, Divorce Mistakes, Fathers' Divorce Issues, Infidelity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

adultery, child custody, infidelity

In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No state in the United States awards custody to the cheated-on…

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

April 29, 2019

Divorce Utah

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…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

Computer and Online Evidence in Divorce and Child Custody Cases

February 4, 2019

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Preparing for Divorce, Spousal Spying

child custody, computer, cyberstalking, divorce, evidence, hacking, online, spyware

I learned from this article (see the link below) a few things I didn’t know about computer and online evidence in divorce and child custody cases. You’d be wise to read it too, regardless of whether you believe your spouse is…

Tag: child custody