Judge Bates Upholds Primary Custody for Brandy Amid Parenting Time Dispute

July 26, 2025 | Utah Appellate Court Collection, Utah Family Law District Court Collection, Utah District Courts, Utah Judicial Branch, Utah


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Judge Bates Upholds Primary Custody for Brandy Amid Parenting Time Dispute
The Utah Court of Appeals convened on July 26, 2025, to discuss the ongoing custody case of Duffin v. Duffin, focusing on the complexities of parental rights and responsibilities following a high-conflict divorce. The meeting addressed several key issues, including the right of first refusal for childcare, financial obligations for daycare, and the overall well-being of the children involved.

The discussion began with the assertion that James, one of the parents, did not consult with Brandy regarding childcare arrangements during his designated parenting time. It was noted that while James has the right to have others care for the children, the existing decree does not stipulate a right of first refusal during the day. Judge Bates had previously determined that such a provision would be unworkable, citing difficulties in communication and logistics between the parents, which had been documented in the court's findings.

The court examined the implications of daycare costs, emphasizing that both parents are required to share these expenses equally when they are working. The dialogue highlighted the distinction between day-to-day decisions regarding childcare and larger educational choices, such as selecting a school. The court underscored that while parents should collaborate on significant decisions, daily childcare arrangements do not necessitate mutual consent.

Judge Bates' findings from the original decree were reiterated, emphasizing the importance of the children's emotional and psychological needs. The court found that the current custody arrangement was beneficial for the children, who were thriving under the existing conditions. This led to the conclusion that there was no compelling reason to alter the custody agreement, encapsulated in the phrase, "if it ain't broke, don't fix it."

The meeting also touched on the necessity of effective communication between the parents as a critical factor in co-parenting. The court acknowledged that while communication issues were raised, they were integral to the best interest analysis of the children. The judges emphasized that fostering a cooperative parenting relationship is essential for the well-being of the children.

In summary, the court's discussions reaffirmed the existing custody arrangements, highlighting the importance of shared responsibilities and effective communication in ensuring the children's best interests are met. The judges indicated that any future modifications to the custody agreement would require substantial justification, given the current positive outcomes for the children involved.

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