Why do kids talk and text online so freely with strangers? Don’t they understand how potentially dangerous that is?
Why? Because kids that age aren’t very smart or wise. Don’t you remember how stupid and foolish you were as a pre-teen and teen? I don’t like to remember for myself, but I do. For some of us, it’s a wonder we’re still alive and didn’t do a stretch in juvie or worse for some of the stupid (though innocently committed) acts in which we engaged at that age.
Kids need parental supervision. No matter “mature” or “intelligent” or “independent” you believe your minor children are, they are capable of exercising incredibly bad judgment and doing incredibly foolish, dangerous, and irresponsible things. Often without meaning to or without believing the risks are as great as they are. Those of us who survived to adulthood without bearing serious and lasting physical or mental scars are those who had good parents. Yes, some kids don’t have what is today the “luxury” of a mom and a dad to guide and shape them, but the ones who thrive are the ones who were blessed with good role models and mentors who took an interest in them and in their well-being and success.
Utah Family Law, LC | divorceutah.com | 801-466-9277
No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation:
Non-Supervision – The child is subjected to accidental harm or an unreasonable risk of accidental harm due to failure to supervise the child’s activities at a level consistent with the child’s age and maturity. Included below is a link to the Utah department of child and family services’ frequently asked questions page for more information.
https://dcfs.utah.gov/resources/faq/
Utah Family Law, LC | divorceutah.com | 801-466-9277
Can the other parent send someone I’ve never met to pickups and drop-offs for our child?
Can the other parent send someone I’ve never met to pickups and drop-offs for our child when custody order only lists the parents? What would I file with the court to contest this? Would the court just add that person to the order?
Before I address your questions, I suggest you honestly examine the bases for your concerns. Are you honestly worried about this situation, or do you see an opportunity to denigrate your ex and make trouble for your ex in court?
So you’re asking at least three questions here.
First, can the other parent send someone you have never met to pick up or drop off your child when the court’s order states identifies no one other than the parents as the ones who pick up and drop off the child for custody and parent-time exchanges? The answer: If the order can be interpreted or construed to provide that the parents certainly can pick up and drop off, but that permission or authorization to pick up or drop off the child is not limited solely to the parents, then a parent can have someone else to pick up or drop off the child. On the other hand, if the order can be interpreted or construed to provide that permission or authorization to pick up or drop off the child is restricted solely to the parents, then you could argue that if one of the parents fails to pick up or drop off the child personally and instead sends someone else to pick up or drop off the child, that parent is violating the court’s order.
Your next question was: what would I file with the court to contest this? Well, obviously if the court order allows for persons other than the parents to pick up or drop off the child, there would be little point to complaining to the court about it unless you could demonstrate that the person or people the other parent is designating to pick up or drop off the child is harming, attempting to harm, or threatening to harm the child in some significant way.
If the court order prohibits persons other than the parents to pick up or drop off the child, you are wise to ask whether it’s worth the time, effort, hassle, risk, and money to do so if all the other parent is likely to do is file a motion or petition to authorize people other than the parents to pick up or drop off the child. If there is no statute in your jurisdiction that prohibits persons other than parents to facilitate custody or parent-time pickups and drop-offs, if the parent can show that he or she has a legitimate need for the help with pickups and drop offs, and if the person or persons who are not parents but who are picking up or dropping off the child is or are responsible adults who are doing a good job with pickups and drop-offs and doing neither the child nor the parent any harm, you need to ask yourself whether complaining to the court is fair and reasonable for you to do. If the only reason you want to complain is because you like to stir the pot and/or try to cause your ex trouble with the court, you should re-think that position.
How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove, by a preponderance of evidence, to the court that the father (or other parent) is sufficiently unfit to be entrusted with the child. Simply telling the court “I don’t trust the other parent” is not enough, not even close to enough to persuade the court.
The mother would need to provide the court independently verifiable facts that show the father is either unable or unwilling to provide adequate care and attention and supervision of the child. A court cannot award a parent sole legal and/or sole physical custody of a child without first finding there is sufficient evidence to justify such an award (or at least cannot do its job properly without first finding there is sufficient evidence to justify such an award).
Utah Family Law, LC | divorceutah.com | 801-466-9277
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 a preponderance of evidence, to the court that the father (or other parent) is sufficiently unfit to be entrusted with the child. Simply telling the court “I don’t trust the other parent” is not enough, not even close to enough to persuade the court. The mother would need to provide the court independently verifiable facts that show the father is either unable or unwilling to provide adequate care and attention and supervision of the child.
A court cannot award a parent sole legal and/or sole physical custody of a child without first finding there is sufficient evidence to justify such an award (or at least cannot do its job properly without first finding there is sufficient evidence to justify such an award).
Utah Family Law, LC | divorceutah.com | 801-466-9277
Would you be ok with a parent getting out of jail and having full unsupervised visitation?
Under certain circumstances, yes. Certainly.
If the jailed parent was jailed for non-violent, non-dangerous crimes like unpaid parking tickets or check kiting, it would not make sense to restrict parent-time to supervision, reason being that there is no evidence that unpaid parking tickets or check kiting makes one a danger to the child.
Utah Family Law, LC | divorceutah.com | 801-466-9277