parent Archives - Divorce Utah

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

December 15, 2020

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

abandon, abandonment, child abandonment and child custody, child custody, custody, disappear, disappears, parent

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

argument, contempt of court, evidence, falsely accused, late, log pick up, lying, noncompliance, orders, parent, Parent Time, photographic, proof, punish, return, reward, truth, videographic, visitation

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

character, child, children, doubt, exposed, guilt, interrogate, parent, question, questioning, trial

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

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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