Parent Time Archives - Divorce Utah

Can I refuse visitation when a non-custodial parent refuses to take a child to school?

August 26, 2020

Child Custody, Child Custody Modification, Children in Divorce, Custody, Modification of Child Custody

change, child custody, fail, modify, non-custodial, noncustodial, Parent Time, refuse, refuse visitation, school, withhold visitation

Can I refuse visitation when a non-custodial parent refuses to take a child to school? In the jurisdiction where I practice divorce and family law (Utah), the answer is: Unless you have a court order that allows you to refuse…

Can my ex use the panic over COVID-19 to withhold the kids from me?

March 23, 2020

Divorce Utah

Child Abuse, Child Custody, Child Custody Modification, Custodial Interference, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

child custody, COVID-19, Parent Time, visitation

“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week from his spring break visitation? With all the panic over…

Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?

“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week from his spring break visitation? With all the panic over…

How is the custody going to work after separation?

After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation? The question of what the court will do regarding child…

Why don’t the police help more with custody and parent-time enforcement?

In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes that authorize and empower the police to intervene. This is…

Are bedbugs a basis for modifying child custody or parent-time?

December 4, 2019

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce

bed bugs, child custody, court, environment, Exercise, judge, Modification, modify, Parent Time, perspective, refuse, sanction, sanctions

If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent without bedbugs be sanctioned for failure to coparent? I am…

Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases

July 9, 2019

Divorce Utah

Court Rules, Divorce Law, Restraining Orders, Utah Law

2019, abuse, allow to lapse for voluntary nonpayment of premiums, annulment, attempt to influence a child's preference regarding custody or parent time, automobile insurance, best efforts to prevent third parties from doing what the parties are prohibited from doing, cancel, change the beneficiary, child, conceal, custody, demean or disparage the other party, dispose of, divorce, domestic injunction, Domestic Violence, effective November 1, electronic disturb the peace, encumber, harass, health insurance, homeowner's insurance, how to contact the child or traveling party, identification, image, Injunction in Certain Domestic Relations Cases, interfere with telephone, intimidate, involve the child in the issues of the petition, itinerary of travel dates and destinations, life insurance, likeness, modify, name and telephone number of an available third person who will know the child's location, neither party may make parent time arrangements through the child, non-routine travel with the child, obtain a service, obtain credit, open an account for service, or paternity, order of the court, other party's name, other services, Parent Time, property, renter's insurance, Rule 109, say or do anything that would tend to diminish the love and affection of the child for the other party, support, temporary separation, terminate, transfer, upon filing the initial petition, upon receipt of a copy of the injunction as entered by the court, utility, written consent of the other party

UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109 of the Utah Rules of Civil Procedure The Utah Supreme…

2019 Utah Legislative Session – parentage, child custody factors

May 24, 2019

Divorce Utah

Child Custody, Custody, Paternity, Utah Code, Utah Law

2019 Utah Legislative Session, 78B-15-610, custody, divorce statutes, Parent Time, parentage action., Utah code

Welcome back to our feature on new laws from the 2019 Utah Legislative Session. There were a lot of changes in family law in 2019. The legislature amended section 78B-15-610 of the Utah Code, which applies in parentage actions (which…

Nebeker v. Orton – 2019 UT App 23 – custody and parent-time

2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140 Jared L. Peterson, Attorney…

Parent-Time During the Holiday Season 2018

October 23, 2018

Divorce Utah

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

Christmas, Hallowee, holiday season, Parent Time, Thanksgiving

Parent-Time During the Holiday Season 2018 The holiday season is upon us, and many divorced and single parents need to prepare and plan for your holiday season parent-time this time of year. Understanding how parent-time functions during the holidays will…

Can a court force a parent to exercise visitation, even if that parent doesn’t want to?

September 3, 2018

Divorce Utah

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

compel, force, order, Parent Time, visitation

If a divorced parent doesn’t want visitation rights (i.e. doesn’t want to see his/her child), is that legal, or would the court order the unwilling parent to have visits? This a great question because it’s a bold, honest question that…

Lay v. Lay – 2018 UT App 137 – § 30-3-35.1 parent-time not mandatory

July 25, 2018

Divorce Utah

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

“may consider”, § 30-3-32, § 30-3-35, § 30-3-35.1, mandatory, optional, optional schedule, Parent Time, schedule, Utah code

2018 UT App 137 THE UTAH COURT OF APPEALS BRANDON CHRISTOPHER LAY, Appellant, v. CORINNA NICOLE LAY, Appellee. Opinion No. 20170230-CA Filed July 12, 2018 Third District Court, West Jordan Department The Honorable Bruce C. Lubeck No. 074400807 Steve S.…

Perspective of a Law Student: How my views on court decisions have changed

July 19, 2018

Divorce Utah

Child Custody, Children in Divorce, Divorce Law, Fathers' Divorce Issues, Men's Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

30-3-10. 30-3-10.2, children, custody, Parent Time, visitation

Perspective of a Law Student: How my views on court decisions have changed after 2 years of law school by Alyssa Miller Before law school I perceived court cases and the decisions made to be widely within the discretion of the…

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…

Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?

July 11, 2018

Divorce Utah

Best Interest of the Child, Child Care/Surrogate Care, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Coping With Divorce, Dirty Tricks, Divorce Mistakes, Divorce Preparedness, Parent Time, Visitation

clothes, clothing, keep, Parent Time, return, visitation

QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad’s place? He has been requesting that I send specific items with the kids for his weekends (stuff like swim shirts, church clothes,…

How Utah courts have parents take care of their children after divorce

June 29, 2018

Divorce Utah

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

345 P.3d 566 (2015 UT 23), child custody, Dahl v. Dahl, Parent Time, Utah Code § 30-3-10, Utah Code § 30-3-10.2, Utah Code § 30-3-10.8, Utah Code § 30-3-10.9, Utah Code of Judicial Administration Rule 4-903

Child Custody: How do courts provide for parents to take care of their children after divorce? When parents divorce, one of the biggest potential conflicts is the question of child custody. Many issues in divorce, such as disputes over finances,…

If my ex makes the kids late for school, am I responsible?

March 28, 2018

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Education, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

non-compliance, noncompliance, Parent Time, school, truancy, visitation

What happens if a non-custodial parent habitually brings a son back days late from a visitation, resulting in unexcused absences from school (kindergarten)? Am I responsible for the truancy? The school district/truancy officer can’t offer any advice. What happens (present…

Can a Parent Pay No Child Support and Still Have Visitation and Parent-time Rights?

May 3, 2017

Divorce Utah

Child Custody, Child Support, Children in Divorce, Coping With Divorce, Legal Custody, Parent Time, Parental Rights, Visitation

child, Child Support, children, divorce, Parent Time, parental rights, support, terminate, termination, visitation

QUESTION: Dear Eric, My ex and I have been separated for a while now. He has not given us any money for child support. I am supporting my child and me on my own, and now my husband says he…

What happens when the child violates the custody or parent-time order?

April 5, 2017

Divorce Utah

Uncategorized

child, order, Parent Time, teenager, violate, violated, violates

What happens when the child violates the custody or parent-time order? The best examples I can give you of this experience that I have had as a lawyer are as follows: My guess is that you are referring to teenagers…

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,…

Tag: Parent Time