Do courts penalize working parents?
Why do the courts give full custody to a parent who refuses to work but yet reduces custody of the working parent, saying they work too much? In the belief that a parent who does not work outside the home…
Have you, or someone you know, ever had to share joint custody of a pet due to a breakup/divorce? If so, how did that work out? Was the time actually 50/50?
Many married couples are now foregoing having children but still feel a need for caring for something other than themselves individually and for each other, and so they get a pet or pets. They truly love these pets. They honestly…
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…
Can a narcissist get custody of a child?
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?
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?
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?
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?
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?
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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)
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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?
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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?
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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?
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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?
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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?
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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”?
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"The Suitcase Kid”, 50-50, 50/50, best interest, best interest of child, both parents, divides, divorced parents, emotional health, father, happiness, Jacqueline Wilson, joint custody, joint equal custody, living, love both parents, loved and cared for, married happily, mental health, mother, other parent., parents, self-interest, separated parents, shared custody, shared parenting, time
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.
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§ 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…