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Tag: joint custody

Home joint custody

What are tips for parents sharing custody during COVID-19?

What are the different tips for parents sharing custody during this COVID-19? Best tip: don’t use COVID-19 as a pretext for withholding/preventing/sabotaging contact and care and communication between the children from the other parent. Don’t use COVID-19 as a pretext…

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”?

How exactly does shared custody work? Does the child end up being like that kid from Jacqueline Wilson’s “The Suitcase Kid”? The child certainly can be like the child (Andrea) from Jacqueline Wilson’s “The Suitcase Kid,” if under a shared parenting arrangement…

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

March 6, 2021

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…

For divorced parents: why isn’t your custody award 50/50?

For divorced parents: why isn’t your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or substance abuse), poverty, or distance from the other parent’s residence…

Can a mother keeping the children from the father work against in custody litigation?

Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living in the home as well impact the decision for joint…

How many states favor mothers in child custody proceedings?

How many states favor giving the child to its mother in a custody hearing? You’re asking a good question, but it’s not the question you think you’re asking. The question is not whether a particular “state” favors awarding custody of…

Should all the kids stay with one parent after a divorce? Why or why not?

January 24, 2020

Best Interest of the Child, Child Custody, Custody, Dirty Tricks, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

best interest, child custody, families, joint custody, primary custody, sole custody

I am a divorce and family lawyer. I have been for 23 years. It is impossible to come up with a blanket policy for all children of all parents in all families. For example, if a divorce were precipitated by…

Why can a child refuse to live with a parent as court ordered?

Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to live with either parent and instead live with an adult…

LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 – THE UTAH COURT OF APPEALS – LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019 Sixth District Court, Panguitch Department The Honorable Paul D. Lyman…

Relocation: ex-wife just told me she’s moving out of state with the kids

January 3, 2019

Child Custody, Children in Divorce, Relocation

joint custodians, joint custody, mothers, moving, moving out of state, relocating, relocating out of state, Relocation

What do I do? My ex-wife tonight, in a fit of anger, told me that she and the kids will be moving out of state. There’s no reason–like a job or school or even remarriage–for her to move out of…

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

December 7, 2018

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…

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

September 5, 2018

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 Support: can it be awarded to a joint custodial father who lost his job, if the mother is employed?

August 30, 2018

Child Custody, Child Support, Divorce Law, Fathers' Divorce Issues, Joint Physical Custody, Mothers' Divorce Issues, Women's Divorce Issues

Child Support, father, fired, job loss, joint custody, mother

Child Support: does a father with joint custody who lost his job have the right to claim child support, if the mother is employed? My answer applies for the State of Utah, where I practice divorce and family law: I…

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

August 8, 2018

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…

Noncustodial Parents: Understanding Parent-Time

Noncustodial Parents: Understanding Parent-Time When going through a divorce, one of the most common issues is child custody. A common misperception about child custody is that it is simply who your children will live with after you and your ex-spouse…

I wonder which state in the U.S. has the highest rate of awarding joint physical custody of children in divorce

October 9, 2017

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

best interest, best parent, joint custody, joint physical custody, presumption

I wonder which state in the U.S. has the highest rate of awarding joint physical custody of children in divorce. Unfortunately, I wouldn’t be the least bit surprised if Utah isn’t it, would not the least bit surprised if it’s…

How does joint custody of a child work?

May 30, 2017

Child Custody, Children in Divorce, Legal Custody, Parental Rights, Physical Custody

joint custody, joint legal custody, joint physical custody

How does joint custody of a child work? When non-lawyers think of joint custody, I get the impression that they think of it this way: The children live half the time with Mom and half the time with Dad. This…

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