Findings of Fact and Conclusions of Law - With No or Adult Children - Utah 2025

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In Utah, the court will usually not consider a childs preference unless they are 14. However, the childs preferences are not the only factor the court finds. The judge may place more weight on the childs wishes if they are 16 or older.
A mothers unilateral decision to refuse a father visitation with his child, or to keep the child away from him without legitimate grounds to do so, could harm her right to custody and visitation when the matter finally goes before a judge.
Findings of Fact are the Courts written determination of the facts made from the evidence presented at the divorce trial. This section explains the facts the judge found to be true. Conclusions of Law are the rulings of law made by the judge based on, or in connection with, the Findings of Fact.
A finding of fact, also known as a conclusion of fact , refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
In determining whether a parent is unfit or has neglected a child, the court shall consider the following: Emotional illness, mental illness, or mental deficiency of the parent that renders the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.

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Put simply, a custodial parent cannot deny visitation rights to the non-custodial parent without a court order or custody agreement. Even if the custodial parent believes they have valid reasoning for refusing visitation to the non-custodial parent, they must comply with the court order or agreement.
If a child expresses a desire not to see their father, it is generally recommended to address the situation through the legal system. Parents may need to go back to court to seek modifications to the existing custody arrangement, presenting evidence and arguments to support any changes.

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