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Tag: child custody

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What Percentage of Fathers Get Full Custody?

March 29, 2023

This is largely a factor of where the custody dispute takes place. Some jurisdictions favor mothers over fathers as much as 80% (although that number is decreasing as joint custody is becoming more politically and culturally popular nationwide). Other jurisdictions…

How Does Child Custody Work in Utah if the Parents Are Not Married?

March 27, 2023

Child Custody, Child Support

Child custody is determined based upon the same statutory factors regardless of whether the parents are divorced or were never married. Those statutory factors are found at Utah Code §§ 30-3-10, 30-3-10.2, and 30-3-35.2. Those factors are (some criteria in…

Can I Legally Go to My Dad’s on a Day That Is Written as My Mom’s in the Custody Agreement?

March 21, 2023

Child Custody, Co-parenting

Great question (and it’s good to see questions from children). No one can give you “the” answer to this question without knowing the laws of the jurisdiction involved and what the court order of child custody and visitation/parent-time provides, but…

From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them

There is far more to this story than the headline reveals. From Pro Publica: Barricaded Siblings Turn to TikTok While Defying Court Order to Return to Father They Say Abused Them https://www.propublica.org/article/parental-alienation-utah-livestream-siblings#:~:text=Two%20siblings%20in%20Utah%20have,had%20sexually%20abused%20the%20children Is there any question whether the court would…

Who Has the Ultimate Decision Making Authority in a Child Custody Case, the Parents, the Lawyers, the Judges, or the Child of a Certain Age?

February 22, 2023

Best Interest of the Child, Child Custody, Custody, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Physical Custody

child custody, child custody cases, Utah Divorce Court

If the case goes to trial: the judge. However, in Utah, the jurisdiction where I practice (which is the case in most other jurisdictions too), the parents, children, and lawyers all have the opportunity to provide their input in an…

How Can I Win Custody of My Son if I Haven’t Been There for Him for Ten Years?

February 21, 2023

Child Custody, Custody, Legal Custody, Parentage, Parental Rights

change of custody, child custody

About the only ways I can realistically imagine? The child’s other parent: – is dead; or – is unfit to be entrusted with the care and custody of the child. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-can-I-win-custody-of-my-son-if-I-havent-been-there-for-him-for-ten-years/answer/Eric-Johnson-311

Is There a Way to Get Legal Action on Child Support for Free?

February 20, 2023

Alienation of Affection, Child Custody, Children in Divorce, Custody, Custody Evaluation, Joint Legal Custody, Joint Physical Custody, Parental Alienation, Sole Custody

alienation, child custody, Divorce Court

That does not bode well for you, if in fact the child will be in the courtroom at the same time you and the judge assigned to your case are in the courtroom (although it is not a common occurrence…

If a Mom Is Abusing Her Children, and the Dad Doesn’t Want Sole Custody Because Child Support Is Cheaper, What Can the Court Do?

February 17, 2023

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Children in Divorce, Custody, Joint Legal Custody, Joint Physical Custody, Marital Property, Parentage, Physical Custody

child abuse, child custody, division of assets

Thank you for your question, and forgive me for approaching this question in a way that may not answer your question as directly as it could be; I hope you will find my answer enlightening just the same. If my…

Can You Win a Custody Battle Without an Attorney?

February 15, 2023

Child Custody, Custody, Dirty Tricks, Family Law, Lawyers, Legal Custody, Physical Custody

attorney, child custody, child custody battles

Can you? Meaning: is it possible? Of course it’s possible. Likely? That depends. I had written over 500 words in my first draft of the answer to this question when I realized I could state the answer clearly with fewer…

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

February 14, 2023

Alienation of Affection, Child Custody, Children in Divorce, Custody, Parental Alienation

child custody, Divorce Court, parental alienation

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what…

How Do You Prove Parental Alienation in a Child Custody Case?

February 10, 2023

Alienation of Affection, Child Custody, Children in Divorce, Custody, Divorce, Divorce Court, Family Law, Parental Alienation

alienation, child custody, parental alienation

Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than past answers, but I will still try to ensure that…

Can You Win a Custody Battle Without an Attorney?

January 30, 2023

Child Custody, Child Custody Modification

Can you? Meaning: is it possible? Of course it’s possible. Likely? That depends. I had written over 500 words in my first draft of the answer to this question when I realized I could state the answer clearly with fewer…

What Happens in a Custody Case Where Both Parents Try to Alienate the Child From the Other Parent and the Rest of Their Family?

January 27, 2023

Alienation of Affection, Child Custody, Child Neglect

child custody, parent alientation

My guess is that this question applies in two distinct contexts: 1) what does the court do in a child custody case where both parents try to alienate the child from the other parent and the rest of their family?; and 2) what…

What Happens if I Get Married to Someone With Kids Then Get Divorced? Do I Get To See the Kids?

January 10, 2023

Best Interest of the Child, Child Custody, Co-parenting, Custody, Utah Code

best interest of child, child custody, custody, visitation

I cannot speak to what the law is and how it is applied in every jurisdiction, but I can answer this question on this topic as it applies to the jurisdiction where I practice divorce and family law (Utah). We…

After a Marital Breakup, Only One Parent Can Properly Raise the Children, With the Other Parent Entitled Merely to Visiting Rights, but Could There Be a Better Alternative?

January 6, 2023

Child Custody, Children in Divorce, Co-parenting, Custody, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Mothers' Divorce Issues

child custody, co-parenting, joint parenting, single parent

You’ve picked a good topic of discussion, but your question is poorly phrased. Your claim that only one parent can properly raise children after a marital breakup is false. Not every divorced parent is capable of exercising joint physical custody…

Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

December 30, 2022

Best Interest of the Child, Child Custody, Divorce, Family Law, Fathers' Divorce Issues, Women's Divorce Issues

best interest of the child, child custody, divorce, due process, First Amendment, Fourteenth Amendment, harm, legal custody, physical custody, religion, religious, religious teaching

2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On Appeal of Final Decree of Divorce Third District, Salt Lake…

Is 50/50 custody likely when the parents live in the same neighborhood?

What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part, “What is the likelihood of reverting to 50-50 custody.” Your…

My children’s father is a bum. Can he get 50/50 custody awarded?

The question is: I’m a stay at home mom, my BD is always working unreliable and inconsistent hours, he wants 50% custody of our son. Will he be granted 50%? His hours always vary from 4pm 7pm 9pm even 2am…

Who do you pick between a present father and an absentee mother?

Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1) custody of you must be awarded to one parent or…

Do I have to pay the court to go to trial?

Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this wasn’t widely known: In Utah, do I have to pay…

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