child custody Archives - Divorce Utah

How Courts Can (and often do) Ensure There’s No Proof Joint Equal Custody Can Work

Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint equal custody (I do know that there are also mothers…

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

October 14, 2021

Divorce Utah

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…

If the father got the child custody, will the mom pay for child support?

In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other parent, the parent awarded less custody is going to pay…

Are mothers being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more and more?

No, mothers are not being treated “worse” by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have an inherent or presumptive right to be awarded the sole…

Why is child support still garnishing my friend’s wages and her children are back in her custody?

September 6, 2021

Divorce Utah

Child Care Costs, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Modification of Child Support, Mothers' Divorce Issues, Women's Divorce Issues

child custody, Child Support, divorce, finances

There could be at least two possible reasons. 1. Even though the child is living with you, if the court and/or the child support collection agency has not been made aware of the change in custody and modified the child…

How do you stay strong while being alienated from your child?

September 3, 2021

Divorce Utah

Alienation of Affection, Divorce, Divorce Costs, Divorce Fears, Divorce Law, Family Law, Parental Alienation

alienation, child custody, divorce, divorce law, law, mental health, pain, parent problems, support

Any way that works for you (without running afoul of God or the law of the land, of course). Parental alienation is one of the most gut-wrenching miseries one can experience, and it is one of the hardest things to…

Can you seek a temporary custody award if you have an apartment but you’re not on the lease, but your fiancé is on the lease and also the child does have their own room?

I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but whether the court will grant your request under such circumstances…

Why do I pay the child support knowing my kids are living in other countries?

Child support is for the financial support of your children, not a fee (or “ransom”) you pay to keep the children near you. Regardless of where your children live, they still require financial support. Simply living in another country or…

Should a father who has shared custody see the child son when there is a hospital emergency?

August 20, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Children in Divorce, Custody, Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Women's Divorce Issues

child custody, Child Support, custody emergency, hospital custody, joint custody

Should a father who has shared custody rights of his child still see the child son when there is a hospital emergency? If your child is in the hospital during your time of custody should you be with the child…

2021 UT 36 – In re E.R.

August 9, 2021

Divorce Utah

Utah Supreme Court Decisions

child custody, custody, parent custody termination, parental rights, Utah law, Utah Supreme Court

2021 UT 36 – In re E.R. IN THE SUPREME COURT OF THE STATE OF UTAH State of Utah, in the interest of E.R., a person under eighteen years of age J.R., Petitioner, STATE OF UTAH, Respondent. No. 20200163 Heard April 8, 2021 Filed July 29, 2021 …

Considering the high cost of child support, does anyone believe that the non-custodial parent is obligated to pay too much for the child’s care? When in a lot of cases where there is split time, one parent is still custodial.

Child support in the jurisdiction where I practice divorce and family law (Utah) is, in my experience and estimation, not too high or too low. I’ll explain (in basic terms) why I see it that way: First, let’s assume a…

MacFarland v. MacFarland – 2021 UT App 58

July 16, 2021

Divorce Utah

Amicable Divorce, Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Co-parenting, Cohabitation, Contempt of Court, Coping With Divorce, Court Orders, Custody, Dirty Tricks, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equitable Interest, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Judges, Justice and Equity, Legal System, Marital Home, Men's Divorce Issues, Modification of Alimony, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Preparing for Divorce, Special Circumstances, Spousal Support, Termination of Alimony, Uncontested Divorce, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues

§ 30-3-10.1, § 30-3-5, § 78B-12-108, § 78B-12-201, alimony, child custody, decree of divorce, joint physical custody, Modification, modifying, physical custody, Utah code

021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second District Court, Farmington Department The Honorable David J. Williams No.…

If my child’s father puts in writing he would never ask for custody of our daughter, would that weight in if later he changed his mind for court?

July 5, 2021

Divorce Utah

Abandonment and Desertion, Best Interest of the Child, Child Custody, Custody, Evidence, Family Law, Parental Rights

child custody, court, custody, never ask, never asked, weight, writing, written agreement

Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No. Just because a parent may, at one point in time,…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

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…

Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?

I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie and Brad Pitt are. I don’t know what findings the…

How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the “real” reason they are denied sole or even joint custody…

What exactly does the term “will make best efforts” mean in a child custody case?

June 3, 2021

Divorce Utah

Child Custody, Custody, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Women's Divorce Issues

child, child custody, custody

Great question. Here’s a good summary taken from the world of contract law (frankly, the definition of the term “best efforts” likely applies equally well when the term is utilized in a settlement agreement and/or court order in the divorce…

After a divorce, should my kids be with me or with the mom?

June 1, 2021

Divorce Utah

Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues

child custody, fathers, joint custody, joint equal custody, legal custody, mothers, parent, parents

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…

Why is it OK for a parent to be given custody without their kids’ consent?

May 28, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Expert Witnesses, Family Law, Fathers' Divorce Issues, GAL (Guardian ad Litem), Holiday Parent-time, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Women's Divorce Issues

child custody, child custody award, child custody cases, custody and parent time analysis, custody award, custody evaluators, desires Utah Code Section 30–3–10(5)(ii), directly, experiences, free of charge, guardians ad litem, interview children, judge interview, judge interview children, kids’ consent, kids’ input, less time, no cost, not on the record, not talk to children, observations, on the, opinions, plausible excuse, policy, preferences, thousands of dollars, value

Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all lawyers, and the laws and rules governing what the courts…

Tag: child custody