How So-Called Temporary Orders Subtly Decide Your Case
“Temporary orders” sound harmless. Interim. A placeholder until the whole case gets decided. That’s not how they function in the real world. In virtually every Utah divorce and child custody…
Parenting Apps: A (Paid) Solution Looking for a Problem
Everyone in family law has heard the pitch: download a parenting app, pay a monthly fee, and suddenly your co-parenting problems become organized, documented, and “court-ready.” It sounds responsible. It…
What Actually Happens When You File for Divorce in Utah (And Why It Takes So Long)
When most people think about divorce, many may picture a courtroom, a judge, and a decision. But this process is a long, costly, and discouraging one. A typical contested divorce or…
The “Easy Way Out” That Can Cost You Your Kids in Utah: Why Pleas in Abeyance in DV Cases and Innocence Don’t Mix
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…
Can You Win Child Custody If Someone Else Is Raising Your Kids During the Week?
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…
Deepfakes in Utah Divorce and Child Custody Disputes: Not If But When
A few years ago, the concern was fake law; lawyers citing to AI-generated cases that didn’t exist. That already happened in Utah. See Garner v. Kadince. The next concern is worse:…
Hiding Cryptocurrency in a Utah Divorce: Harder Than You Think, More Expensive Than It’s Worth
People hear “crypto” (cryptocurrency; Bitcoin, Ethereum, etc.) and assume “untraceable.” That assumption gets tested quickly in a divorce. In Utah divorce disputes over property division, cryptocurrency is treated like any…
Using Smart Home Tech to Spy on a Spouse in a Utah Divorce Case?
The modern Utah home is a goldmine of digital data. In a divorce or child custody dispute, it often becomes something else: a surveillance system one spouse tries to weaponize…
Pretrial Disclosures Matter in Utah Divorce Cases: Lessons from Prisbrey v. Prisbrey
There’s been (note the past tense) an assumption that creeps into a lot of divorce cases: If the evidence is important enough, the court will let it in. But in Prisbey v.…
Why Most Divorce Case Settlement Offers Fail: They Ask for Too Much
Most people think settlement is where they finally get to ask for everything they want. It’s not. Settlement—especially in child custody disputes—is where you ask for what you could realistically…
Prisbrey v. Prisbrey – 2026 UT App 39 – late disclosure
2026 UT App 39 THE UTAH COURT OF APPEALS LEONA MARIA PRISBREY,Appellee, V. KENT TERRY PRISBREY, Appellant. Opinion No. 20250070-CA Filed March 19, 2026 Fifth District Court, St. George Department The Honorable Keith C. Barnes No. 234500039…
Control Your Communications, Protect Your Case: Choosing Your Inner Circle in Utah Family Law
When you are involved in a divorce, custody dispute, or protective order court case, the desire to talk about it can be strong. You may want advice, validation, or simply…
Military Divorce in Utah: Will You Lose Your TRICARE Coverage?
In Utah military divorces, TRICARE eligibility is governed by the rigid federal "20/20/20 rule," not state court discretion. This post breaks down the strict requirements for lifetime medical benefits, the…
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…
The Social Media Trap: How One Facebook Post Can Impact Your Utah Child Custody Case
In a Utah custody case, your conduct is not limited to what happens in your home—it extends to what you choose to share online. Social media is not personal or…
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…
VA Disability Pay vs. Alimony: Why Your “Tax-Free” Income Still Counts
Veterans often believe their VA disability pay is “untouchable” in divorce. Not exactly. While it cannot be divided as property, courts routinely treat it as income for alimony. Learn how…
The Obvious Variable No One Addresses: How Gender Distorts Protective Order Decisions – Part II of II
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…
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…
The Power of the Prepared Client: Why Readiness Is Your Best Legal Strategy
Divorce is a legal process with emotional consequences—but the court does not care how you feel about your case. It cares about what you can prove, and how persuasively. In…
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 II – Fidelity, Filtering, and the Loss of Context
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…
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…
Planning “For” Divorce Looks Like Planning “On” Divorce, and Why That Matters
Financial advisors, wealth managers, and business consultants increasingly tell clients to “plan for divorce.” Some divorce lawyers say the same thing. I do not, especially for young people contemplating marriage…
Erring on the Side of Caution — Until You’re the One Paying for It
“Better safe than sorry.” Few phrases sound more humane. In the context of domestic violence, it feels morally unassailable. Why wouldn’t we err on the side of safety? Whatever it…
USFSPA Decoded: Dividing Military Retirement Benefits in a Utah Court
For Utah divorcing couples: A clear, practical discussion on how military retirement is divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Utah’s equitable distribution law — including…
Utah Court of Appeals: Postnuptial Agreements Can Set Child Support Above Guidelines
Reese v. Reese - 2026 UT App 31 THE UTAH COURT OF APPEALS MAKAIBREE MARIE REESE,Appellee,v.KYLAN REESE,Appellant. Opinion No. 20240830-CA Filed March 5, 2026 Third District Court, Salt Lake Department…
What I Have to Remind Myself of with a New Divorce Client
When divorce or a child custody dispute begins, most people think they know what they’re fighting for. The house. The retirement account. The business. Parent-time. Child support. Alimony. Those are real issues. They matter. They need…
Not Malicious, But Misaligned: Why Utah Protective Order Hearings Have Become Functionally Rigged
Utah’s protective order system was not designed to punish innocent people. It was designed to prevent violence. That distinction matters. Over time, the framework has developed a structural imbalance. The…
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 Court of Appeals Dismisses Appeal of Temporary Arbitration Award in Custody Modification Case (2026 UT App 28)
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…
Trust Without Verification: The Custody Evaluation Transparency Problem
When the interviews that shape custody decisions remain inside a black box, the court is asked to trust what it cannot independently verify. In Utah child custody disputes, custody evaluations…
The Hill AFB Factor: How Active Duty Status Changes a Utah Divorce
If you are stationed at Hill Air Force Base and facing divorce, do not assume your case is “standard.” It isn’t. Military status layers federal law on top of Utah…
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.…
Utah’s Legal “Pause”: When a Temporary Separation May Be Smarter Than Immediate Divorce
When a marriage is in serious trouble, many people assume the only decisive move is to file for divorce. Sometimes that’s true. But oftentimes it isn’t. Utah law provides another…
Perception Isn’t Everything in Divorce Court, But It Often Decides the Close Calls
Utah divorce law is statutory. Judges don’t invent custody standards or alimony rules on a whim. They apply what the Legislature has enacted. But statutes do not apply themselves. Judges…
Who Is in Charge of a Lawsuit: the Client or the Lawyer?
People who hire a lawyer tend to assume one of two extremes. Either: “I hired the lawyer, so the lawyer does what I say.” Or: “The lawyer is the professional,…
Bahsoun v. Mooney – 2026 UT App 18
Bahsoun v. Mooney - 2026 UT App 18 2026 UT App 18 THE UTAH COURT OF APPEALS MAZEN BAHSOUN,Appellee, v. COLLEEN ELIZABETH MOONEY, Appellant. Per Curiam OpinionNo. 20251317-CA Filed February…
“Not Offered for the Truth of the Matter Asserted”: Meaning, Limits, and Misuse
In court, neither a party nor one of that party’s witnesses can simply claim to repeat what someone else said and expect the judge to treat it as proof. As…
Why Can’t I Just Submit a Letter as Evidence in Court?
What “Laying Foundation” Actually Means One of the most common frustrations in Utah divorce cases is this: a party has a letter, email, report, or written statement that feels decisive—and…
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…
The Price of Professionalism: The Pro Se Paradox in Family Court
The "Rules for Thee, But Not for Me" Phenomenon The legal system is built on procedure. For an attorney, failing to file a motion on time or improperly authenticating a…
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…
The Language Barrier of Divorce: Decoding Divorce Jargon
Divorce is hard enough on its own. Add in legal paperwork packed with unfamiliar terms, and it can feel like you’re suddenly expected to speak a completely new language. For…
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…
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