legal custody Archives

Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

December 30, 2022

Best Interest of the Child, Child Custody, Divorce, Family Law, Fathers' Divorce Issues, Women's Divorce Issues

best interest of the child, child custody, divorce, due process, First Amendment, Fourteenth Amendment, harm, legal custody, physical custody, religion, religious, religious teaching

2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On Appeal of Final Decree of Divorce Third District, Salt Lake…

Is 50/50 custody likely when the parents live in the same neighborhood?

What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part, “What is the likelihood of reverting to 50-50 custody.” Your…

What does temporary custody without prejudice mean?

It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody order? For obvious reasons and necessity. If to parents are…

What can you do if your ex-husband does not want to pay school fees?

What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a divorced parent must pay for a child’s school fees. I…

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…

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

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…

How do we counteract the adverse effects of trusting custody evaluators?

January 27, 2022

Divorce Utah

Child Custody, Child Custody Modification, Custody, Custody Evaluation, Legal Custody, Physical Custody, Sole Custody, Uncategorized

child advocate, child custody, custody evaluation, custody evaluator, joint custody, legal advocate, legal custody, sole custody

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…

The way UT courts conduct custody evaluations nowadays is indefensible

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…

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)?

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?…

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

June 1, 2021

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

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…

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?

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,…

What does it take to get the court to award custody to the father?

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…

Child Custody in Utah – Myths and Misunderstandings No More!

May 16, 2020

There were many myths and misunderstandings surrounding what child custody means and how it is applied state of Utah in divorce and other child custody actions. Not anymore, just read on. First you need to understand what “child custody” means…

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…

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

September 5, 2018

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

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…

Bullet Proofing Your Summer Parent Time – Part 1 of 4 Series

February 10, 2017

Divorce Utah

Child Custody, Children in Divorce, Legal Custody, Parent Time

child custody, Children in Divorce, legal custody, Parent Time

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BULLET PROOF ADVANCE NOTICE Note: This is the first of four blog postings on bullet proofing your summer parent time, that I’ll publish in as many weeks. You will want to read them all. At the time I write this,…

Bullet Proofing Your Summer Parent Time – Part 4 of 4

February 10, 2017

Divorce Utah

Child Custody, Children in Divorce, Divorce Court, Legal Custody, Parent Time

child custody, Children in Divorce, Divorce Court, legal custody, Parent Time

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BULLET PROOF YOUR HEARING Note: This is the fourth of four blog postings that I’ll publish in as many weeks. You will want to read them all (and likely want to read them in order to get the most out…

Bullet Proofing Your Summer Parent Time – Part 2 of 4

February 10, 2017

Divorce Utah

Child Custody, Children in Divorce, Legal Custody, Parent Time

child custody, Children in Divorce, legal custody, Parent Time

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BULLET PROOF YOUR REQUEST FOR COURT ASSISTANCE Note: This is the second of four blog postings that I’ll publish in as many weeks. You will want to read them all. My previous and first blog posting on Bullet Proofing Your…

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

January 11, 2016

Divorce Utah

Child Custody, Children in Divorce, Legal Custody, Parent Time, Special Circumstances

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…

Battling Custodial Interference – Criminal Prosecution

January 11, 2016

Divorce Utah

Child Custody, Children in Divorce, Legal Custody, Parent Time, Special Circumstances

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…

Tag: legal custody