At a recent hearing, a commissioner explained why she was appointing a private guardian ad litem instead of interviewing the child herself: "Given the age of the child, the statutory…
Christine Miller recently made a point about family court that deserves more attention: the appearance of independent professional agreement where no genuine independence exists. When a court appoints a private guardian…
A fit parent is awarded equal custody of two teenagers. Nothing in the record suggests he's dangerous, neglectful, or unfit—the court has already said so. A few months in, the…
“A woman's greatest strength [in divorce court] is her ability to be a victim.” It’s a statement that immediately makes people boil over—either in furious agreement or absolute outrage. But…
A recent podcast clip I saw this week made a deliberately provocative claim: “A woman’s greatest strength is her ability to be a victim.” Taken literally, the statement is too…
Child Custody Defiance Should Not Cost a Fit Parent Both the Children and More Money Suppose a court orders equal custody. Both parents are fit. One parent is ready, willing,…
One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…
Anyone who practices Utah family law has watched it happen. A child custody dispute is going badly for one parent, or hasn't started yet, and a protective order petition appears.…
A temporary protective order should do one thing well: protect against the danger actually alleged and shown by nothing less than a preponderance of the evidence. It should not become…
For centuries, physicians bled their patients and called it medicine. The patients got weaker; the doctors, confident in their training, prescribed more bleeding. Medicine now has a name for harm…
Designing divorce and custody settlements that resist gaming Most child custody disputes — and most of the financial fights that ride alongside them — run on bad incentives. The system…
I don’t have all the facts about this. None of us do at this point. And what facts we have may not even be fully “factual,” but we’ve seen this…
When a parent isn't active in a child's life, most people think they already know why. He must not care. She must have checked out. He must have wanted something…
Utah grandparent visitation rights can be court-ordered, but they are hard to win. A grandparent can ask a Utah court for visitation, but Utah law starts with a strong presumption in…
Few child custody disputes create more uncertainty than relocation. A parent may wantto move for a new job, remarriage, school, lower housing costs, or to be closer to family.Those reasons…
When parents separate or divorce, one of the most important questions is how custody of their children will be determined. Many parents enter the process believing the court will automatically…
In re A.H., 2026 UT App 88 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.H., J.H., J.H., L.H., N.H., S.H., AND E.H., PERSONS UNDER EIGHTEEN…
Not every Utah parent is subject to the default parent-time schedules found in Utah Code §§ 81-9-302 and 81-9-303. Many parents operate under customized custody and parent-time provisions created by agreement or court…
Parenting apps are now everywhere in modern child custody disputes. Lawyers recommend them. Parenting coordinators recommend them. Guardians ad litem recommend them. Courts sometimes order them. And the companies behind…
A growing number of divorcing and unmarried parents walk into consultations convinced that Utah law now requires “50/50 (equal) child custody.” Some are absolutely certain of it. They heard it…
ABSTRACT: Vague parenting plans built around “reasonable parent-time” often create more conflict, not less. When schedules, holidays, exchanges, and responsibilities are left undefined, parents frequently end up arguing about expectations…
One of the most common mistakes parents make in Utah child custody disputes is assuming that a “custom-tailored” holiday schedule must automatically be better than Utah’s standard statutory holiday parent-time…
If you’re dealing with a divorce or a child custody dispute, there’s something you need to understand early: This is not just your case. That’s not rhetoric. It’s how the…
You’re sitting there with a domestic violence (DV) criminal charge hanging over your head. And you’re innocent. Yet you’re scared. You're distressed. You’re tired. You want it over. Then comes the…
This question is more common than you might think. Some may be in this situation: “I want custody for stability.” “I need custody because it affects support.” “I’m the better…
This series has examined a focused procedural question: whether interviews with children in custody disputes should be preserved through authenticated contemporaneous verbatim record via unedited audio-visual capture. The discussion has…
Legal systems evolve. Practices that function adequately become routine. Routine hardens into assumption. Over time, assumption begins to resemble necessity. Unrecorded child interviews in custody and parent-time cases appear to…
In most areas of litigation, original testimony is preserved. Depositions are recorded. Hearings are transcribed. Statements given in investigative settings are documented. Context is retained because meaning does not reside…
A 5-part series Series Introduction Modern legal systems run on records. Depositions are transcribed. Hearings are recorded. Police interrogations are preserved. Financial transactions generate digital trails. Making and preserving records…
When parents separate, two instruments immediately begin to shape a child's future: the calendar (time) and the calculator (money). Both matter. Neither is optional. And neither compensates for the absence…
Funk v. Funk - 2026 UT App 28 THE UTAH COURT OF APPEALS CAROL A. FUNK,Appellant, V. SAMUEL S. FUNK,Appellee. Per Curiam OpinionNo. 20251383-CA Filed February 26, 2026 Third District…
Utah’s Legislature has introduced HB 208 (2026), a bill that would make meaningful changes to the state’s parentage statutes. Parentage law determines who is legally recognized as a parent. That recognition…
In Utah, "joint physical custody" doesn't have to mean a perfect 50/50 split, though that is increasingly common (increasingly common, not the default—the system still treats mothers more favorably than…
2025 UT App 187 THE UTAH COURT OF APPEALS OREM CITY, Appellee, v. DAVID AMMON JAKEMAN, Appellant. Opinion No. 20241042-CA Filed December 18, 2025 Fourth District Court, Spanish Fork Department…
Kelly v. Johnson - 2025 UT App 175 THE UTAH COURT OF APPEALS SHAYNE KELLY, Appellee, v. IRIS JOHNSON, Appellant. Opinion No. 20240857 Filed November 28, 2025 Second District Court,…
If Utah’s domestic-relations legal system is serious about accuracy, fairness, and reducing unnecessary conflict, then the system needs processes that beneficially affect how cases are litigated and how evidence is…
A candid, experience-based guide for parents who need the truth without varnish or theatrics. Not every case involves manipulation. Not every professional fails. But when these problems occur—and they do—the…
If the other parent has dropped out of your kids’ lives—no support, no visits, no calls—for six months or more, you may have a legal basis to seek termination under…
Utah courts are tasked with making custody and parent-time decisions based on the best interest of the child. But you cannot know what schedule truly serves a child’s best interest if…
Utah family courts often order custody, psychological, or substance-abuse evaluations. Learn what to expect, how to prepare, and how to protect yourself during these high-stakes assessments. _________ When a Utah…
Utah judges and domestic relations commissioners reassure parents that early custody, parent-time, and support orders issued during the pendency of the child custody case are “just temporary.” Don’t believe it.…
Utah law does not impose a mandatory “standard parent-time” schedule. The schedules in Utah Code § 81-9-302 are only possible options for courts to consider. In practice, however, judges often adopt them with little…
Yes. The term “neurodivergent” is increasingly being used in family law not only as a genuine descriptive category but also as a rhetorical and strategic tool. Here’s how it’s being manipulated: As…
I apologize in advance; I cannot limit myself to just one answer, but I will start off with the “top” idea and then share others. Courts could make custody disputes…
In Utah, as in other states, courts deciding child custody and parent-time disputes are charged with applying the “best interests of the child” standard. That standard is necessary, but it…
When a Utah divorce case is commenced, life doesn’t stop while the case is pending. Children still need a consistent schedule. The mortgage, utilities, and insurance bills still come due.…
If a parent is awarded sole legal custody of a child, does that award not carry with it an implicit obligation to exercise that sole legal custody power in good…
Don’t wait until the first day of school to address custody schedules, school choice, communication with the school, extracurricular costs, or special needs. Review your decree, coordinate with your ex…
Do you wonder whether your divorce lawyer is ignoring what really matters in your divorce or custody case? With this post you will learn why your concerns may be legally…
I. Introduction A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why…