parent Archives - Divorce Utah

Can a divorced parent with the parties’ child primarily lives stop the child from switching to live with the other parent?

July 13, 2021

Best Interest of the Child, Child Custody, Child Custody Modification, Children in Divorce, Custody, Divorce, Divorce Fears, Family Law, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Physical Custody, Women's Divorce Issues

custody, divorce, parent

So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can I do to stop this child from living with the…

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…

Child refuses to leave noncustodial parent’s house. What happens now?

May 14, 2021

Divorce Utah

Abuse, Addiction, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custodial Interference, Custody, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Petition to Modify Decree of Divorce, Physical Custody, Sole Custody, Women's Divorce Issues

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I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will answer this question in the context of my experience as…

How do I console a father who has lost custody of his child?

April 27, 2021

Divorce Utah

Child Custody, Child Custody Modification, Custody, Custody Evaluation, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Family Law, Fathers' Divorce Issues, Legal Custody, Legal System, Men's Divorce Issues, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Personality Disorders, Petition to Modify Decree of Divorce, Physical Custody, Utah Law, Women's Divorce Issues

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How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your question. It’s true. Time lost between a parent and child…

What is a complete list of reasons someone can file child support that cannot be fought?

What is a complete list of reasons someone can file child support that cannot be fought? There is no such list; however, here is my list of pretty dang safe bets that you’ll be paying child support if one or…

What policies and factors determine how child support is calculated?

March 16, 2021

Divorce Utah

Child Custody, Child Custody Modification, Child Support, Child Support Calculation, Child Support Enforcement, Child Support Modification, Children in Divorce, Divorce, Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Joint Physical Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Child Support, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Physical Custody, Women's Divorce Issues

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What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation guidelines and formulae to determine which parent pays child support…

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies?

Are there laws that protect one parent from being a victim of the other parent’s continuous reporting, through the other parent’s attorney, about violations of a restraining order that are all lies? Are there laws that protect one parent from…

If a parent disappears for five years, what are his/her chances of winning child custody?

December 15, 2020

Divorce Utah

Abandonment and Desertion, Child Custody, Child Neglect, Children in Divorce, Custody, Uncategorized

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If a parent disappears for five years, what are his/her chances of winning child custody? As long as 1) Dad’s story/situation isn’t worse than Mom’s, and 2) Dad’s not responsible for Mom being out of the picture for 5 years,…

If a parent exceeds parent-time by an hour or so, what can I do?

December 3, 2020

Divorce Utah

Child Custody, Custody, Parent Time

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If a parent exceeds parent-time by an hour or so, what can I do? Our custody order provides that child visitation is 11 a.m. – 4 p.m. My ex and I agreed by e-mail to change it to 10 a.m. to 3 p.m. But now my ex picks up at 10 and returns the child at 4 p.m. instead of 3 p.m., Is there…

Can a parent legally keep the other parent from the children?

November 23, 2020

Divorce Utah

Child Custody, Custody

children, contact, court, court order, illegal, married, other parent., parent, unmarried, withhold custody

Can a parent legally keep the other parent from the children? Can a parent (married or unmarried) legally keep the other parent from the children without having gone to court? Yes. It can be done under certain circumstances. In the…

How can I get full custody, when I don’t trust the other parent with the baby?

November 16, 2020

Divorce Utah

Child Custody, Evidence, Parental Fitness

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How can my friend leave the father of her baby and get full custody, when she doesn’t trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove, by…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

Can a parent discipline a child by taking the child’s phone away?

Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and a parent myself, I always believed that I had control…

Why does a parent asking questions turn into a trial?

July 7, 2020

Divorce Utah

Children in Divorce, Divorce Fears, Divorce Mistakes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

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Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing and does not want to be exposed or 2) the…

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…

How does a “baby prenup” work and is it effective?

October 4, 2019

Divorce Utah

Child Abuse, Child Custody, Child Support, Children in Divorce, Parental Fitness

baby pre-nup, baby prenup, child, children, duties, father, mother, obligations, parent, parents, rights

For others reading this answer to your question who do not know what a “baby prenup” is, let me first describe it: What a “baby prenup” is not A “baby prenup” is not, as the name might connote, a small or…

Smith v. Robinson – 2018 UT 30 – false allegations of sexual abuse

July 19, 2018

Divorce Utah

Child Abuse, Children in Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Utah Supreme Court Decisions

duty of care, emotional distress, false accusations, false claims, false memories, mower v. children's center, parent, sexual abuse, therapist

This opinion is subject to revision before final publication in the Pacific Reporter 2018 UT 30 IN THE SUPREME COURT OF THE STATE OF UTAH ROCIO SMITH, Appellant, v. KAYELYN ROBINSON, Appellee. No. 20160106 Filed July 5, 2018 On Direct…

Mower v. Children’s Center – 2018 UT 29 – false memories or false allegations of sexual abuse against a parent

July 18, 2018

Divorce Utah

Children in Divorce, Dirty Tricks, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Utah Supreme Court Decisions

duty of care, emotional distress, false allegations, false memories, mower v. children's center, parent, sex abuse, therapist, therapy

(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication in the Pacific Reporter 2018 UT 30 IN THE SUPREME…

“No guns in the house until child is 18” order reversed

April 11, 2018

Divorce Utah

Child Abuse, Child Custody, Children in Divorce

2nd Amendment, child, child custody, children, firearms, guns, mental health, parent, safety

Family court to father: No guns in the house until child is 18 Washington Post By Eugene Volokh March 17, 2015 https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/17/family-court-to-father-no-guns-in-the-house-until-child-is-18/?utm_term=.ef6b700d1996 But last week’s In re Parentage of M.A.R.R. (Ill. Ct. App. Mar. 11, 2015) reversed the order. Here’s a quick summary: Andrea and…

Will the court take seriously my desire to include in the divorce decree a provision that at no time should step-parents or a parent’s significant other be inappropriately dressed?

October 25, 2016

Divorce Utah

Child Custody, Children in Divorce, Cohabitation

boyfriend, divorce, divorced, dress, dressed, fiance, fiancee, girlfriend, husband, nude, nudity, parent, step-parent, stepparent, wife

Question: Will the court take seriously my desire to include in the divorce decree a provision that at no time should step-parents or a parent’s significant other be inappropriately dressed? Question Detail: My wife and I are separated now for…

Tag: parent