factors Archives

Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors

Hinds v Hinds-Holm – 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 174905091…

Father has 50/50 custody. Now ex is trying to take it away. What to do?

May 7, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Child Support Modification, Children in Divorce, Co-parenting, Coping With Divorce, Custody, Custody Evaluation, Dirty Tricks, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, 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 Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Physical Custody, Sole Custody, Women's Divorce Issues

50/50 custody, against fathers, benefit, biased, case law, child custody awards, child's life, complacent, court, criteria original child custody award, culture of bias, defend, discrimination, effort, equal physical custody award, every other weekend, evidence, ex, Exercise, factors, father, full custody, hope, impartial judge, joint equal custody, losing, loving fathers, lucky, modifying child custody award, motion to dismiss, no option, odds, overwhelming, petition to modify, physical custody award, prejudice, proof, second-class, sexual discrimination, six ways from Sunday, skilled attorneys, sole custody, stacked against fit fathers, statutory, take, vigilant, visitor status, visits

I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody? First,…

Can a mother lose custody even if the child is still very young?

April 2, 2021

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Legal System, Men's Divorce Issues, Mental Illness, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Personality Disorders, Preparing for Divorce, Sole Custody, Stepchildren, Stepparents, Supervised Parent-time, Supervised Visitation, Utah Code, Women's Divorce Issues

change of custody, criteria, custody, elements, factors, lose custody, loss of custody, modification of custody, modify custody, mother, Utah child custody, Utah Code §30-3-10, Utah Code §30-3-10.2

Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very young (e.g., under 5 years old)? Oh, heck yeah. Many…

What policies and factors determine how child support is calculated?

March 16, 2021

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

2020, calculated, caselaw, Child Support, child support calculation guidelines, child support guidelines, child support policy, current child support guidelines, determine, factors, formulae, governing, Income Shares Model, July 10, jurisdiction, legislation, National Conference of State Legislatures, parent, Percentage of Income Model, policies, regulations, state, The Melson Formula, u.s.

What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation guidelines and formulae to determine which parent pays child support…

S.B. 122 just passed! So what? Joint equal physical custody.

March 6, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Court Orders, Custody, Custody Evaluation, Daycare, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Judges, Justice and Equity, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues

§ 30-3-35.2, §30-3-35.2. Equal parent-time schedule, 30-3-35.2, ability to assist, actively involved, after school care, assistance with homework, bath time, bedtime for the child, caring for the child, child's life, child's school, child’s best interest, demonstrated responsibility, distance, each parent, effectively facilitate, equal, equal custody, equal parent-time, equal parent-time schedule, extracurricular activities, factors, flexibility of employment, geographic distance, health of each parent, health of parent, health of the child, history and ability to implement a flexible schedule for the child, involvement in child care, joint custody, joint equal custody, meal preparation, parent's bond with the child, physical facilities of each parent's residence, presence, provide appropriate playtime, relevant, residence, s.b. 122, Subsection 30-3-10(6), Utah code, volunteer efforts

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender bias/sexual discrimination that is preventing fit, able, worthy fathers from…

What income is counted when calculating child support?

August 20, 2020

Divorce Utah

Child Custody, Child Support, Child Support Modification, Custody

78B-12-203. Determination of gross income -- Imputed income, 78B-12-204. Adjusted gross income, 78B-12-205. Calculation of obligations, 78B-12-207. Obligation -- Adjusted gross income used, 78B-12-210. Application of guidelines -- Use of ordered child support., calculating child support, Child Support, child support calculation, factors, Utah code

What income is counted when calculating child support? This is a great question. In the jurisdiction where I practice family law (Utah), the Utah Code tells you exactly what kind of parental income a court considers in determining child support:…

How is the custody going to work after separation?

After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation? The question of what the court will do regarding child…

What Is Alimony, and How Does It Work in Utah?

June 19, 2018

Divorce Utah

Alimony and Support, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Preparedness, Divorce Procedure, Men's Divorce Issues, Spousal Support, Women's Divorce Issues

30-3-5(8), ability to pay, alimony, factors, need, Utah

What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other spouse. Through an alimony award the court can require that…

Alimony: How much of it should I be asking for, and why?

June 11, 2018

Divorce Utah

Alimony and Support, Divorce Fears, Divorce Law, Men's Divorce Issues, Spousal Support, Women's Divorce Issues

30-3-5(8), ability to pay, alimony award, determining amount of alimony, factors, how much alimony?, need, Utah code

How much alimony should I be asking for from my spouse? He’s very wealthy, and I do not work. I became a stay-at-home parent at his request. I’m now leaving the marriage without any retirement or savings. Here is a…

Tag: factors