child custody Archives - Divorce Utah

Can children choose with which parent they will live?

July 24, 2019

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…

Can a stepparent get custody of a stepchild, if the biological/adoptive parent’s parental rights are terminated?

January 30, 2019

Divorce Utah

Child Custody, Custody, Stepparents

child custody, custody, stepparents

Question: If a child’s parents were to lose custody of him, and the only family member left was the stepparent’s family (not legally related), would the stepparent(s) get the child? Answer: Not as a matter of right. They could try…

At what age can children decide which parent they want to live with?

It’s largely a matter of age and size/strength or resourcefulness. Technically a child never legally has the power to choose with which parent he/she will live (the only person with that power is the judge). But as a matter of…

What useful things can Jeff Bezos’s divorce can teach us

Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances to know. Assuming both parents are personally “fit” to exercise…

Marijuana and Child Custody Still Don’t Mix in Utah, You Fools! Ignore This at Your Peril!

December 10, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody

child, child custody, commissioner, court, dispute, illegal, judge, marijuana, medical marijuana, Utah, utah medical cannabis act

No matter what you’re told, marijuana use is STILL ILLEGAL in this state. Illegal use of street drugs, including but not limited to marijuana, can and surely will be used against you in a child custody dispute. And you can’t…

Child Custody: what does it mean in divorce, and what factors determine who gets child custody?

December 7, 2018

Divorce Utah

Child Custody, Children in Divorce, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Physical Custody, Visitation, Women's Divorce Issues

child custody, joint custody, joint legal custody, joint physical custody, parenting plan

One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who your children will live with after you and your ex-spouse…

How do I show the court about my sons non-diagnosed NPD mother to get a sole custody?

September 10, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody, Personality Disorders

Borderline Personality Disorder, child custody, Narcissistic Personality Disorders

How do I show the court about my sons non-diagnosed NPD mother to get a sole custody? Oh, ho, ho, ho. So you want to prove your wife has Narcissistic Personality Disorder do you? And you believe that proving it…

What is the best way to get a 50/50 custody and visitation plan in family court?

September 5, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Women's Divorce Issues

child custody, joint custody, legal custody, physical custody

There are many, many factors the judge will consider. I’ll list them. First and foremost is: distance between the parents. If the parents don’t live close enough to each other to make joint custody work, the court simply won’t award…

Child custody and how parental sociopathy affects it

August 27, 2018

Divorce Utah

Child Custody, Children in Divorce, Mental Illness

ASPD, child custody, sociopathy

QUESTION (Child custody and parental sociopathy): How does ASPD (Sociopathy) affect child custody, especially if the diagnosed parent is consistent? ANSWER (Robert A. Simon, Ph.D., Ph.D., M.A. Clinical Psychology, California School of Professional Psychology (1986) Question Answered on Quora June…

Why don’t some people fight for custody of their children?

August 13, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody

apathy, bias, child, child custody, children, custody, lying, Utah

Why don’t some people fight for child custody in some divorce or child custody cases? Others have explained why, in their particular situations, they felt that while they desired custody, they couldn’t get it, and so they didn’t fight a…

I have no job, I’m living in my parents’ house, and I’m on methadone. Can I get custody?

August 10, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody

best interest of child, child custody, drug addiction, fitness, living with parents, unemployed

What do I do to gain shared custody of my now 13-year-old child? I do not have a current job (due to a medical problem), and I am living in my parents’ house. I’m on a methadone program too. You…

How can I get the custody of my child? What factors does the court consider?

August 8, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody, Joint Physical Custody, Sole Custody

child custody, children, custody, joint custody, sole custody, Utah, winning

How can I get the custody of my two-year-old son in court? I am an SFG in service, not always at home, but I can give my child to my parents. Courts do not look at child custody as “which…

Child custody: What is it? Do women get custody of a baby?

August 3, 2018

Divorce Utah

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

babies, baby, child, child custody, men, tender years doctrine, women

What is child custody? In America, do women get custody of a baby? “Child custody” is defined in Black’s Law Dictionary (10th ed. 2014) as follows: 2. Family law. The care, control, and maintenance of a child awarded by a…

Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality

July 24, 2018

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Enforcement, Children in Divorce, Divorce Costs, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Procedure, Settlement

child custody, Child Support, divorce, jury trial, no right to jury trial

This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn – 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN, Appellant, v. ADRIENNE R. HAHN, Appellee. Opinion No. 20170303-CA Filed…

Tag: child custody