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In a divorce, should children live with their favorite parent?

Divorce Utah
Child Custody, Child Custody Modification, Children in Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Fathers' Divorce Issues, Judges, Justice and Equity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Parenting Plan, Physical Custody, Utah, Utah Court Rules, Utah Law, Women's Divorce Issues
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I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent over the other is not expressly among the factors specified…
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How do we counteract the adverse effects of trusting custody evaluators?

Divorce Utah
Child Custody, Child Custody Modification, Custody, Custody Evaluation, Legal Custody, Physical Custody, Sole Custody, Uncategorized
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The question was asked: In a study in 2012 proved many custody evaluators falsely believe most DV victims lied & alienated kids. So How do you prevent that evaluators report from poisoning all reports or evaluators after, since they always review…
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The way UT courts conduct custody evaluations nowadays is indefensible

Divorce Utah
Child Custody, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce, Divorce Costs, Divorce Court, Divorce Law, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Fitness, Parental Rights, Sole Custody, Utah Code, Utah Court Rules, Utah Law, Women's Divorce Issues
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The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little more than educated guesses. Yet the custody evaluation process in…
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Can I legally stop talking to my dad if he has custody (I live with my mom full time, but he’s still legally my parent as well)?

Divorce Utah
Abuse, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Fathers' Divorce Issues, Joint Legal Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Parental Rights, Sole Custody, Women's Divorce Issues
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This is a good question because it deals with an issue that the law either has not addressed or cannot effectively address.  First, is there any legally permissible and practicable way to force a child to talk with a parent?…
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After a divorce, should my kids be with me or with the mom?

Divorce Utah
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
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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…
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How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself?

Divorce Utah
Uncategorized
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How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove,…
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What does it take to get the court to award custody to the father?

Divorce Utah
Child Custody, Custody, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Women's Divorce Issues
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What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent that the court cannot both i) award her custody and…
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How many states favor mothers in child custody proceedings?

Divorce Utah
Child Custody, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Domestic Relations Commissioners, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
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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…
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What is the best way to get a 50/50 custody and visitation plan in family court?

Divorce Utah
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
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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…
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Bullet-Proofing Your Holiday Parent-time: Send Notice in Writing NOW

Divorce Utah
Child Custody, Children in Divorce, Legal Custody, Parent Time, Special Circumstances
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Bullet Proofing Your Holiday Time: Send Notice in Writing NOW Many divorced or single parents have issues with parent-time, not because they can’t use a calendar or make a plan, but because they are dealing with an ex who is…
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Battling Custodial Interference – Criminal Prosecution

Divorce Utah
Child Custody, Children in Divorce, Legal Custody, Parent Time, Special Circumstances
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So what can you do the battle custodial interference if local law enforcement and the city and county attorneys won’t?  Check out our blog posting on motions for order to show cause to sanction your ex for contempt of court and our…
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