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Tag: Children in Divorce

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Can an adult child be sued for helping one parent divorce the other?

Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just because you can file a lawsuit does not mean, however,…

How should the child support payment system in the U.S. be changed?

How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known as the child support obligor): tying child support to the…

What will happen if the child refuses to go with the custodial parent?

What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers to stay with the father? This situation (and this question)…

What is the argument for hearing a child’s view in a custody decision?

What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never actually has such evidence to consider. In Utah (where I practice divorce…

I’m 14 and my mom is making me live with my dad. How do I stop this?

I’m 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and family lawyer, and I see this question arise frequently. If…

What kind of “damage” can untreated BPD in a parent cause children?

December 30, 2021

Child Custody, Children in Divorce, Co-parenting, Custody, Mental Illness, Parentage, Parental Fitness

bipolar disorder, BPD, children, Children in Divorce, damage, healing, mental illness, trauma

What kind of “damage” can an untreated single parent with BPD/shared custody/ cause to the kids in the long term? Plenty. Children of BPD parents often struggle with trusting others and forming intimate relationships. they often have a warped perception…

How do I best explain to my daughters that I am divorcing their stepmom?

November 17, 2021

Child Custody, Children in Divorce, Divorce, Extramarital affairs/Adultery, Parent Time, Parentage, Stepchildren, Stepparents

adultery, affair, Children in Divorce, divorce problems, domestic case, parenting, stepchildren, stepparents

What is the best way for me to explain to my 3 daughters that the reason in which I am divorcing their Assistant Prosecutor stepmother is because I wouldn’t let her legally adopt them and that I had an affair…

If two unwed people have a child and split up, is it treated like a divorce?

If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The child custody dispute (if there is one between the parents)…

If you have 50/50 custody, how much vacation time from kids is approriate?

November 3, 2021

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

child custody, Children in Divorce, divorce, joint equal custody, separation, vacation

If you’re separated and have 50/50 custody, how much vacation time away from your kid is appropriate? Too many variables to consider to give you an intelligent answer. How old is the child? How “clingy” is the child? How long is the…

If a married couple divorces and neither one wants their child, what happens?

Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that there are those rare and exceptional families we’ve either known…

Why is disciplining a child a sign of parental alienation in the long-term?

October 11, 2021

Alienation of Affection, Children in Divorce, Divorce, Parental Alienation, Parental Fitness

Children in Divorce, disciplining, parental alienation, parenting, parenting issues, parents in divorce

This is an example of a logical fallacy; specifically, begging the question. It assumes the conclusion in the premise It is not a given that disciplining a child is a sign of parental alienation in the long-term. Disciplining a child…

In Utah is there a minimum age at which minor children can be left at home or allowed to walk to school by themselves?

No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The child is subjected to accidental harm or an unreasonable risk…

How does divorce and child abuse affect SAT scores?

September 20, 2021

Abuse, Children in Divorce, Divorce, Sexual Abuse

abuse, child abuse, Children in Divorce, divorce, physical abuse, SAT, sexual abuse, standardized tests

SAT scores? Come on, that’s getting too granular. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-does-divorce-and-child-abuse-affect-SAT-scores

Can an unemployed alienated parent be forced to help pay for a car for the child?

First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of purchasing a car for a child, it’s unlikely that a…

Pro-fairness and Pro-child

Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a comment on this video: Do you think it’s fair that…

Why would my ex block contact with my child when we have shared joint custody?

July 22, 2021

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

alienation of affection, Children in Divorce, contact, joint custody, maintaining relationship with child

Let me count the “reasons,” both legitimate and otherwise: Legitimate (though not necessarily legal, unless permitted by a court order) reasons: the contact you have with the child is truly and seriously harming the child emotionally and/or psychologically; the court…

How to Explain to Your Kids You Are Getting Divorced (Guest Post)

June 24, 2021

Co-parenting, Coping With Divorce, Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child, children, Children in Divorce, divorce, family, father, mother, parents, team, trauma

Author Bio: Cristin Howard runs Smart Parent Advice, a site that provides parenting advice for moms and dads. Cristin writes about all of the different ups and downs of parenting, provides solutions to common challenges, and reviews products that parents need to…

Bullet Proofing Your Summer Parent Time – Part 1 of 4 Series

February 10, 2017

Child Custody, Children in Divorce, Legal Custody, Parent Time

child custody, Children in Divorce, legal custody, Parent Time

BULLET PROOF ADVANCE NOTICE Note: This is the first of four blog postings on bullet proofing your summer parent time, that I’ll publish in as many weeks. You will want to read them all. At the time I write this,…

Bullet Proofing Your Summer Parent Time – Part 4 of 4

February 10, 2017

Child Custody, Children in Divorce, Divorce Court, Legal Custody, Parent Time

child custody, Children in Divorce, Divorce Court, legal custody, Parent Time

BULLET PROOF YOUR HEARING Note: This is the fourth of four blog postings that I’ll publish in as many weeks. You will want to read them all (and likely want to read them in order to get the most out…

Bullet Proofing Your Summer Parent Time – Part 2 of 4

February 10, 2017

Child Custody, Children in Divorce, Legal Custody, Parent Time

child custody, Children in Divorce, legal custody, Parent Time

BULLET PROOF YOUR REQUEST FOR COURT ASSISTANCE Note: This is the second of four blog postings that I’ll publish in as many weeks. You will want to read them all. My previous and first blog posting on Bullet Proofing Your…

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