parental fitness Archives

What Is the Point of Granting Divorced Parents Joint Custody and Splitting Parenting Time? Isn’t It the Idea That the Children Benefit From Having Two Parents? Isn’t That True Only So Long as Both Parents Are Positive Influences and Not Criminals?

August 4, 2023

Best Interest of the Child, Child Custody

best interest of the child, child custody, parental fitness

You pose two very good questions, and there are very good answers to each of them. Question 1) What is the point of granting divorced parents joint custody and splitting parenting time? Isn’t it the idea that the children benefit…

Should I get sole custody of my children if the dad does not want custody?

Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with it? Your children deserve a loving, salutary relationship with both…

How can I reveal my soon-to-be ex as having NPD in our custody case?

How can I reveal my soon-to-be ex as having NPD in our child custody case? You’re asking the wrong question. You shouldn’t be asking how you can prove your spouse has NPD (or some other mental or emotional disorder), but…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I will 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 have had…

Will my medical marijuana prescription adversely affect my child custody case?

October 28, 2020

Divorce Utah

Child Custody, Children in Divorce, Parental Fitness, Substance Abuse, Visitation, Women's Divorce Issues

child custody, factor, medical cannabis, medical marijuana, parental fitness

If I have a prescription for marijuana, will this affect my custody case? I do not smoke in front of my child or have it around my child. Probably not, as long as you can A) prove the prescription is…

How do courts view mothers who abandon their family during a divorce?

How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds the concept and institution of motherhood in high esteem, so…

After a divorce, is joint residential custody better or worse for the children?

Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is a safe and pleasant way to enjoy sugar. ‘Nothing wrong…

If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children?

June 22, 2018

Divorce Utah

Adultery, Child Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Visitation, Women's Divorce Issues

adultery, child custody, custody, parental fitness, UCJA 4-903, Utah Code Section 30-3-10, Utah Code Section 30-3-10 .2

If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children? In my opinion, 9.5 times out of 10 the fact—standing alone—that the wife got pregnant in the course of…

What are the legal repercussions of posting an email chain between myself and my daughter’s custodial parent exposing her downright shady behavior?

June 21, 2018

Divorce Utah

Child Custody, Children in Divorce, Custody, Dirty Tricks, Divorce Law, Divorce Mistakes, Divorce Preparedness, Evidence, Fathers' Divorce Issues, Mothers' Divorce Issues

child custody, disparagement, evidence, fitness, materiality, parental fitness, relevance, social media

What are the legal repercussions of posting an email chain between myself and my daughter’s custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your question carefully. You asked what the legal repercussions would be…

Tag: parental fitness