Salt Lake City, UT asked in Child Custody for Utah

Q: What is the chance that a judge would separate half siblings that have grown up together with a strong bond. 5 & 8 yr

I have sole custody of my 8yr daughter and a 70/30 of my 5 yr old. The schedule is about to change for his school schedule to every other weekend with his dad. His dad says he wants 50/50 now but I don't want to separate my kids. They have a strong bond and the term half siblings has never been used. They are brother and sister and have been for the past 5 years. The court order has been in place for almost 4 years and was settled while we both lived in the same city. He later moved out of state but we kept the schedule. Last year he moved back into state and he's going to use that as "change of circumstance" to bring it before the court and request change of custody. What is the likelihood of that? My son doesn't want to be away from his sister at all. Plus he's never asked for more time until now, right before he starts school. He insists he will move in the neighborhood as well. But my concern is the time my children would spend apart, not the distance.

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1 Lawyer Answer
Paul Waldron
Paul Waldron
  • Divorce Lawyer
  • Orem, UT
  • Licensed in Utah

A: The second factor that the judge must always consider, after a change in circumstances, is the best interests of the child/children. You have made the argument above that, though there may be a change in circumstances, it is not in the best interests of your son to live under a 50/50 parent-time arrangement due to his relationship with his sister. You simply need to provide additional supporting evidence that this is his best interest, and obtain any and all evidence you can that it is not in his best interests to be apart from his sister under the father's proposed parent-time schedule.

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