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Tag: relative

Do Abusive Parents Get Custody of Their Children? Can Relatives Get Custody Instead?

Do abusive parents get sole custody of their children, even when their children don’t want them to have it? If the children want to stay with a relative who can take care of them instead, can the court award the relative custody of the children and only allow the abusive parents visitation rights?

Do abusive parents get sole custody even when their children don’t want that? Yes, that can happen. Just because it can happen does not mean it will always happen, but there are many times when abusive parents still get custody of their children. The reasons can vary, but usually they are (in no particular order):

  • the parents deny being abusive, and if there isn’t enough evidence to refute their denials, the court gets fooled into believing the parents.
  • the parents may be abusive, but not considered abusive enough to justify stripping them of their parental rights to child custody; in those situations, even though the court may not deprive the parents of child custody, the court can and often will condition the keeping of their custodial rights upon the parents refraining from future abuse and completing courses on good and proper parenting.

If children want to stay with a relative who can take care of them, can the court award the relative custody of the children and only allow the abusive parents visitation? Yes, that can happen too, but only if the court finds sufficiently compelling reasons to infringe upon the parents rights of custody in favor of someone else exercising custody of the children. a child merely expressing a preference for someone other than his or her parents is never enough to justify a change of custody from the parents to someone else. Interfering with the parents’ rights to custody of their own children is very difficult because those parental rights are considered some of the most basic of human and fundamental rights.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Do-abusive-parents-get-sole-custody-even-when-their-children-doesnt-want-to-If-a-child-wants-to-stay-with-a-relative-who-can-take-care-of-them-can-the-court-grant-them-and-only-allow-visitation-rights-to-the-abusive/answer/Eric-Johnson-311

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Do attorneys ever have to represent relatives?

Do attorneys ever have to represent relatives or is that a conflict of interest?

I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone any particular legal advice) as it applies in the jurisdiction where I practice divorce and family law (Utah).  

There is no inherent conflict of interest in an attorney representing a relative simply by virtue of the client being a relative. There is no inherent conflict of interest in an attorney representing a relative against another relative either simply by virtue of the client being a relative.  

If you learn that the opposing party’s attorney is a relative of that party, that is not a conflict of interest that would disqualify that attorney from representing that party.   

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/Do-attorneys-ever-have-to-represent-relatives-or-is-that-a-conflict-of-interest/answer/Eric-Johnson-311  

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Can you legally allow a relative to live in a property you own, rent-free, for years?

Can you legally allow a relative to live in a property you own, rent-free, for years?

Today’s question is (and I’m serious, it’s a real question from a real person; I didn’t make this up): Can you legally allow a relative to live in a property you own, rent-free, for years?

My answer: Yes, of course. How could that be illegal? How could you wonder that it might be illegal?

https://www.quora.com/Can-you-legally-allow-a-relative-to-live-in-a-property-you-own-rent-free-for-years/answer/Eric-Johnson-311

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