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Can a narcissist get custody of a child?

September 30, 2021

Abuse, Child Abuse, Child Custody, Custody, Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Women's Divorce Issues

custody, divorce law, joint custody, Narcissistic Personality Disorders, NPD

Of course. First, even if one could prove a parent suffers from narcissistic personality disorder (NPD), merely suffering from this condition wouldn’t automatically disqualify a parent from being awarded sole or joint custody of children. Merely suffering from a condition…

What are the laws for joint custody?

August 31, 2021

Child Custody, Custody, Divorce Law, Family Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Physical Custody, Utah, Utah Code, Utah Law

custody law, divorce law, family law, joint custody, joint equal custody, Utah code, Utah law

For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of joint equal custody is in issue, § 30-3-35.2. The list…

Should a father who has shared custody see the child son when there is a hospital emergency?

August 20, 2021

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

child custody, Child Support, custody emergency, hospital custody, joint custody

Should a father who has shared custody rights of his child still see the child son when there is a hospital emergency? If your child is in the hospital during your time of custody should you be with the child…

How would it be, if when a couple with children divorce instead of custody the court requires them to secure a stable home for the children and require the parents to shuttle around every week?

August 6, 2021

Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Divorce, Fathers' Divorce Issues, Joint Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parenting Plan, Women's Divorce Issues

custody, divorce, joint custody, nesting, parenting

This is something that many parents already do. It is often known as “nesting”. Some parents feel it would be best for their children if they don’t have to shuttle back and forth between their divorced parents’ respective homes, so…

I was awarded joint equal custody of my children, but in practice I have them with me more. Their mother’s income is at least equal to (if not greater than) mine. Could I be entitled to child support?

This is a good question and a question that comes up often. I will answer your question as it would apply to the law of Utah, which is the jurisdiction where I practice divorce and family law. In many jurisdictions,…

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…

Do you think it’s fair that Brad Pitt got joint custody of his kids?

Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does not arise or get handled the same way as would…

When flawed thinking is tragic thinking (thank goodness)

I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful because they reveal a common and recurring flaw in so many people’s thinking—and identifying the…

Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?

I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie and Brad Pitt are. I don’t know what findings the…

How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the “real” reason they are denied sole or even joint custody…

What is being a single parent without joint custody like in your country?

If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work a genuine hardship on the children) would like nothing more…

After a divorce, should my kids be with me or with the mom?

June 1, 2021

Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, 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 Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues

child custody, fathers, joint custody, joint equal custody, legal custody, mothers, parent, parents

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…

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…

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