custody Archives

State In Interest of B.W. – 2022 UT App 131

State In Interest of B.W. – 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years of age. H.W., Appellant, v. State of Utah, Appellee. No.…

How Do Custody Laws Work if the Child Is Eighteen, but in High School?

February 9, 2023

Divorce Utah

Child Custody, Divorce

adult child, custody

I can’t answer this question as it applies in all jurisdictions, but I can tell you what the law is and how it applies in the jurisdiction where I practice divorce and family law (Utah). This is a common question,…

If You Have Sole Physical Custody, Does That Mean Your Ex Can’t Take Your Child Out of State Without Your Permission?

January 24, 2023

Divorce Utah

Child Custody, Custody, Noncustodial parents

custody, non-custodial parent, travel

I can’t speak for what the law is in all jurisdictions, but I can tell you what the law is in the state of Utah, and how the law applies here in Utah, which is where I practice divorce law.…

My Mom Has Full Custody of Me. Can I Legally See My Dad When I Turn 18 Without Him Getting in Trouble?

January 16, 2023

Divorce Utah

Child Custody, Fathers' Divorce Issues, Mothers' Divorce Issues

adult child, custody

I cannot answer this question for all jurisdictions, but I can tell you how the law applies in the jurisdiction where I practice divorce and family law (Utah). A divorce or other kind of child custody court has jurisdiction to…

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

January 10, 2023

Divorce Utah

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…

Is It Good to Decide to Be a Single Father?

December 26, 2022

Divorce Utah

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

custody, Parent Time, single father, single parent

Only if it’s worse for the child to be reared by both his/her father and mother because the mother is unfit or an irremediable danger to the child. Kids deserve a loving mother and father. Utah Family Law, LC |…

Can a Mother Keep Her Children From Her Separated Husband Until Court in Utah?

December 20, 2022

Divorce Utah

Child Custody, Children in Divorce, Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Rights, Physical Custody

custodial interference, custody, grey area, kidnapping

This is something of an intentionally gray area in the law, but that’s no reason or invitation to abuse it. Many don’t realize that a parent cannot kidnap his or her own children simply because he or she chooses to…

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…

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…

How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

December 6, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Custody, Legal Custody, Modification of Child Custody

custody, Parent Time, sole custody

Good question. A generation or two ago, it was all but unheard of for parents to be awarded joint physical custody of their children. It was literally unthinkable in the minds of most legislatures, judges, and lawyers. Back then, married…

What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?

December 5, 2022

Divorce Utah

Alienation of Affection, Child Custody, Child Neglect

children, custody, foster care

Your question presumes that the judge heard from the child. In many cases (frankly most), even though the child has the greatest stake in the child custody award dispute, the child is “protected” from being heard on the subject (don’t…

What happens when the child violates the custody and parent-time agreement and court orders?

November 24, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Custody, Physical Custody, Uncategorized

custody, minor children, Parent Time

One of the increasingly worst kept secrets in Utah divorce and child custody law is the fact that after a certain age, minor children are essentially ungovernable when it comes to enforcing child custody and parent time orders. I researched…

Are you going through a child custody dispute in court, or contemplating one?

October 10, 2022

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Divorce, Finances, Modification of Child Custody

child custody dispute, custody, divorce, Rule 4-903

Are you going through a child custody dispute in court, or contemplating one? If so, have you heard about a custody evaluation? if not, you’ll want to pay particularly close attention to this post. Like many jurisdictions, Utah has a…

Should I get sole custody of my children if the dad does not want custody?

Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with it? Your children deserve a loving, salutary relationship with both…

Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it’s acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally, no, it is not acceptable. In the jurisdiction where I…

Is it possible to get court transcripts for custody hearings?

Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. Every jurisdiction is different regarding how court proceedings are recorded…

Tag: custody

State In Interest of B.W. – 2022 UT App 131

How Do Custody Laws Work if the Child Is Eighteen, but in High School?

If You Have Sole Physical Custody, Does That Mean Your Ex Can’t Take Your Child Out of State Without Your Permission?

My Mom Has Full Custody of Me. Can I Legally See My Dad When I Turn 18 Without Him Getting in Trouble?

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

Is It Good to Decide to Be a Single Father?

Can a Mother Keep Her Children From Her Separated Husband Until Court in Utah?

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

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

How Often Does One Parent Get Sole Custody of Their Children in a Custody Case?

What Can a Judge Do When The 13-Year-Old Child in a Custody Case Who Was a Victim of Parental Alienation Says They Want to Live in a Foster Home?

What happens when the child violates the custody and parent-time agreement and court orders?

Are you going through a child custody dispute in court, or contemplating one?

Should I get sole custody of my children if the dad does not want custody?

Do you think it’s fair for a non-custodial parent to pay more child support?

Is it possible to get court transcripts for custody hearings?

If each parent is fully capable, will the court still give full custody to mom?

How does someone take custody of a child after winning custody?

What is the proper way to request a change of the child custody order?

Is appointing a guardian ad litem helpful in custody cases?