Everyone Loses When Courts Don’t Hear From the Child Directly
I. The Illusion of Protection In Utah child custody disputes, courts have (but should not have) a choice: hear from the child directly or receive their life story through a…
Exposing the “Child Whisperer” Myth in Utah Custody and Parent-time
In Utah child custody and parent-time disputes, courts routinely defer to a familiar class of professionals: private guardians ad litem (PGALs) and custody evaluators. These professionals are held up as…
When Courts Refuse to Hear Directly From Children in Child Custody and Parent-Time Disputes
The Basic Logic of Factfinding The Protection Rationale The Expertise Rationale The Record Disappears Credibility Cannot Be Tested The Court’s Position: Real Constraints, Imperfect Tools Institutional Convenience One of the…
The Child Still Testifies—Just “Off the Record”?
I. The System’s Logic When courts appoint custody evaluators and/or private guardians ad litem (PLALs), the justification is usually straightforward: The judge does not want children to testify.So instead, the…
The Obvious Variable No One Addresses: How Gender Distorts Protective Order Decisions
Protective orders are among the most powerful and disruptive tools Utah courts wield—all on an expedited timeline and often on a limited record. The law governing these orders is clearly…
Structure, Confidence, and the Integrity of Process – Conclusion
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…
Part III – Transparency, Deference, and Institutional Design
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…
Part I – The Fragility Rationale and the Case for Making and Preserving Records
The Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…
The Lack of a Record of Child Interviews in Child Custody Disputes
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…
The Calendar and the Calculator in Harmony: Fully Serving the Best Interest of the Child
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…
Utah HB 208 (2026): What the Proposed Parentage Amendments Would Change
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…
Should a Guardian ad Litem Speak for the Child—or Over the Child?
Utah’s 2026 legislative session includes a proposal that deserves attention well beyond juvenile court. House Bill 372—particularly its substitute versions—revisits Guardian ad Litem (GAL) duties and standards in child welfare proceedings.…
The Difference Between “Joint Custody” and Equal Custody in Utah Child Custody Disputes
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…
Navigating the GAL or PGAL Interview: A Survival Guide
In child custody disputes, the judge acts as the final arbiter, but they rarely get to see the daily reality of a child's life. This is where appointing an attorney…
Why Divorce Decrees Don’t Magically Change Mortgages: What Too Many Utah Homeowners Learn the Hard Way After Divorce
Divorcing homeowners in Utah frequently run into mortgage servicer roadblocks when trying to refinance or have a spouse removed from a loan, even when the divorce decree says so. This blog explains…
What Utah Law Actually Says About Hearing From Children in Custody Cases
In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…
What Counts as “Testimony” When the Court Hears From a Child
In the prior two posts, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, relationships, and lived experience without hearing…
When the System Resists Hearing from the One Person Who Actually Lives the Case
Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…
The Illusion of Protection: Why Utah’s Child Testimony Statute Threatens Due Process and Open Courts
A constitutional critique of Utah Code § 81-9-204(5)(a) Utah, like every state, bears a solemn and compelling responsibility to protect children involved in custody and parent-time disputes. That responsibility is…
The Muzzled Meadow
I. The Founding TraumaIn the Meadow, everyone agreed on one thing: voices were dangerous.It hadn’t always been so. Long ago, animals spoke plainly. Some spoke well, somepoorly, some too much.…
Why This Debate Is So Often Avoided in Utah Child Custody Cases
This post is the fourth in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
Restoring Judicial Fact-Finding in Utah Child custody Cases: Adjudication Without Synthetic Substitutes
This post is the third in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
When Help Becomes Substitution: Where Utah’s Use of Best-Interest Professionals Breaks Down Legally
This post is the second in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
Why Utah Courts Rely on GALs, PGALs, and Custody Evaluators — The Best Case
This post is the first in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, beginning with the strongest…
The ‘Loyalty Conflict’ Myth: Why Courts Project Adult Anxiety Onto Children
When ‘Protecting Children’ Really Means Protecting Adults The Loyalty Conflict: A Convenient Scapegoat for Adult Discomfort The most common objection to a child testifying in a custody or parent-time dispute…
The Emperor Has No Clothes: When Do Credentials Prove Superior Skill in Interviewing Children?
Questioning the Assumed Superiority of Custody Evaluators and Guardians ad Litem A foundational assumption in modern custody practice is rarely stated outright, but it governs nearly everything that follows: that…
The Voice of the Child: Why Simple, Factual Testimony Is Often Safer Than Psychological Interpretation
The Danger of Interpretation When Courts Refuse to Hear from the Child Directly When the court relies on a child custody evaluator or Guardian Ad Litem (GAL), it is not…
Best Interests Without Evidence: The Unexamined Premise of PGAL and Custody Evaluator Appointments
When Courts Hear About Children Instead of Hearing From Them In Utah child-custody and parent-time disputes, motions to appoint a Private Guardian ad Litem (PGAL) and/or a custody evaluator have…
Why Courts Should Explain How They Hear Children in Custody Cases
Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
State v. Yusuf – 2025 UT App 189 – Video Evidence, Credibility, and Jury Emphasis
2025 UT App 189 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, V. REDWAN A. YUSUF,Appellant. Opinion No. 20240190-CA Filed December 18, 2025 Third District Court, Salt Lake Department The Honorable Amber M. Mettler No.…
A Better Approach to Utah Divorce and Child Custody Litigation
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…
Utah Law Does Not Bar Children From Testifying—Even When a PGAL Is Appointed
Utah law allows a child to be represented by an attorney—either a guardian ad litem (GAL) when there are allegations of child abuse, or by a private guardian ad litem…
How to Protect Your Child From Being Manipulated Into Making False Accusations During a Custody Dispute
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…
Can the Amount of Child Support or Alimony Be Lowered or Eliminated if Your Ex Gets Remarried? In a Utah Divorce Case, Maybe.
People often assume that once their ex remarries, financial obligations from the divorce automatically shrink or disappear. It’s not that simple. In short: when it comes to the effects on child…
Is a Brief but Past History of Abuse or Substance Abuse the End of Your Chances for Joint Child Custody in Utah?
The short answer: No — you have hope, but you have work to do. Utah custody law has changed significantly in past generation, but the core principles are the same:…
Child Testimony in Utah Custody and Parent-time Dispute Cases: Why a Blanket Ban Is Legally Indefensible
Utah Law Does Not Support a Categorical Bar to Child Testimony Utah’s custodial statute expressly contemplates judicial inquiry into a child’s views. Section 81-9-204(5)(b)(i) provides that “the court may inquire…
Proof, Notice, and Verification Under Utah Law in the Context of Minor Child Expenses: A Practical Guide for Proving Child Health Insurance, Medical Expenses, and Child Care Costs
Utah’s child support statutes—now consolidated under Title 81, Chapter 6 of the Utah Code use the term “verification” repeatedly when describing a parent’s duties to provide proof of child health insurance coverage and…
Why Don’t My Kids Like Me After the Divorce (It May Be Your Fault)
After a divorce that involved minor children of the parties, many of those party parents wonder why their kids become or seem to become distant or resentful. In Utah, children’s…
A Shield, Not a Gag: Utah’s PGAL Statute Authorizes Representation, Not Substitution
When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…
When Is It Time to Take Your Ex Back to Court to Terminate Parental Rights?
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…
Evidence, Not Guesswork: The Case for Testing Proposed Child Custody and Parent-time Schedules Before Making Final Custody and Parent-time Orders in Utah
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…
What Should I Do If I Have to Have a Custody Evaluation, Psychological, or Other Evaluation Conducted?
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…
Temporary Custody Orders: A Potential Trap Every Utah Parent Should See Coming, and How to Avoid It
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.…
The Myth of Utah’s “Standard Parent-Time”
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…
Is the Term “Neurodivergent” Being Bandied About in Family Law Circles as a Way of Manipulating the Courts?
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…
Why Custody Evaluations in Utah Should Be Recorded and Transparent
In Utah today, custody evaluations are often conducted behind closed doors. The evaluator interviews the parents, the children, and collateral witnesses (neighbors, teachers, extended family, therapists, coaches, pastors, etc.), but…
Beyond Specific Legal Arguments, What Is One Significant Way the Court System Could Better Ensure Fairness for All Parents in Child Custody Disputes?
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…
What Advice Would You Give to Someone Who Is Contemplating Divorce?
Divorce is almost always harder, slower, more expensive, and more damaging—financially and emotionally—than people expect. Unless you are married to someone truly abusive or irreparably toxic, the better course is…
Judicial Overreach in Utah Child Custody Order: Return to Restraint
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…
Why Are Divorce Cases Often Delayed?
After 28 years of divorce practice (as of the date this post is shared), I've watched countless cases that could have and should resolve in months drag on for a…
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