The Court Proceedings Recording Ban That HB 540 Didn’t Fix
Utah's state court rules still prohibit litigants and attorneys from making their own audio recordings of court proceedings, even when a proceeding is open to the public and no legitimate…
Paulson v. Paulson: Premarital Agreements, Expert Disclosures, and Attorney Fees
Paulson v. Paulson - 2026 UT App 108 THE UTAH COURT OF APPEALS TRISHNA PAULSON, Appellee, v. CHRISTOPHER PAULSON, Appellant. Opinion No. 20220914-CA Filed July 16, 2026 Fourth District Court,…
You Don’t Want an Overworked Judge or Domestic Relations Commissioner Deciding Your Family’s Fate
Judge Kasey Wright deserves more credit than ridicule for refusing to pretend that chronic triage is competent judging. On July 13, 2026, Utah Fourth Judicial District Judge Kasey Wright submitted…
“I’m Not Trained to Interview Children” and Other Empty Objections Behind Utah’s PGAL Default
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…
One Opinion, Seven Letterheads: The Family Court Echo Chamber
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…
Utah Rule 108 Requires a Hearing on Enforcement Objections
Christensen v. Christensen - 2026 UT App 104 THE UTAH COURT OF APPEALS JEFFREY CHRISTENSEN, Appellant, v. COURTNEY JESSICA CHRISTENSEN, Appellee. Opinion No. 20240810-CA Filed July 9, 2026 Third District…
SB 304 Promised a Fix for Weaponized Protective Orders. Read the Statute
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.…
When “More Likely Than Not” Becomes “Maybe, So Better Safe Than Sorry”
A low evidentiary burden is still a burden. That should be obvious. In Utah temporary protective order practice, however, it is often treated as optional. The preponderance of the evidence…
The Paper Shield: Protecting Victims Without Abandoning Due Process
Few legal proceedings can rearrange a person’s life as quickly as an ex parte protective order. A judge can remove someone from the family home, restrict contact with children, limit access to…
The Standard of Proof Is the Immune System of Family Law—and Courts Keep Suppressing It
This post is a companion to The Bloodletting of Family Law. That post diagnosed a system that mistakes itself for the cure. This one is about the cure the system…
The Bloodletting of Family Law: When the System Mistakes Itself for the Cure
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…
Guardian ad Litem in Utah: What a GAL or PGAL Is Supposed to Do—and What Usually Happens Instead
If you are in a child custody dispute and the court appoints a "guardian ad litem," it sounds reassuring. A lawyer appointed for the child? What could there be not…
When Courts Reward What They Could Stop the Result Are Always Tragic
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 an “Absent” Parent Was Pushed Out
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…
The Pitfalls of Co-Parenting “Help”: Are Special Masters and Parent Coordinators Worth the Cost in a Utah Custody Dispute? Not Usually.
Special masters and parent coordinators sound like practical solutions to exhausting parenting disputes. When parents keep fighting over exchanges, expenses, holidays, phone calls, school issues, and extracurricular activities, the idea…
Trust Me Is Not Evidence: The Custody Black Box in Utah Family Court
In most courtrooms, a litigant cannot restrict another person’s fundamental rights by repeating untested, out-of-court accusations. If a party tries to prove serious allegations through “someone told me” evidence, the…
The Hard Truth About Grandparents’ Visitation “Rights”
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…
Utah Child Custody and Long-Distance Relocation: “The 150 Miles or More Rule”Explained
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…
Divorce Decree Property Awards Survive Death: Slaughter v. Alleman
2026 UT App 85 THE UTAH COURT OF APPEALS JOHN B. ALLEMAN, Petitioner, v. THE HONORABLE CHRISTINE JOHNSON AND APRIL SLAUGHTER, Respondents. APRIL SLAUGHTER, Appellee, v. JOHN B. ALLEMAN, Appellant.…
Put the Rules Where the Power Is
Every courthouse hallway has its own atmosphere. People sit on benches waiting for decisions that may affect their children, property, liberty, safety, income, or reputation. Lawyers hurry between hearings. Witnesses…
Does Child Support Cover School Fees and Extracurricular Activities in Utah?
One of the most common sources of conflict between co-parents is not just custody exchanges, holiday schedules, or even the monthly child support payment. Often, it is the steady stream…
The “Best Interests” Standard: Common Factors Judges Consider in Utah Child Custody and Parent-time Disputes
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…
Ineffective Counsel in Utah TPR Cases: In re A.H.
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…
State v. Collard: Redacting Protective Orders and Ineffective Assistance of Counsel
State v. Collard, 2026 UT App 87 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. KEVIN MICHAEL COLLARD, Appellant. Opinion No. 20240532-CA Filed June 4, 2026 Third District…
Walking in Their Shoes: The Reciprocal Argument Rule in Family Law Litigation
Family court is not ordinary litigation. In a business dispute, the parties may fight hard, settle, and never see each other again. In divorce and child custody disputes, the parties…
No Remedy Without a Wrong: Why Family Courts Must Stop Rewarding Fabricated Grievances
There is a basic principle at the heart of equity: where there is a legal wrong, there should be a remedy. But the inverse matters just as much: where there…
Child Custody and Parent-time Awards Need to Incorporate More Humility
Many parents (I’d say even most parents) enter family court hoping someone will fix everything. Believing that: the judge will see through the lies. the custody evaluator will identify the…
How Extended Summer Parent-Time Actually Works Under Utah Code §§ 81-9-302 and 81-9-303
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…
When Joint Legal Custody Parents Disagree About an IEP in Utah
Some of the strongest child custody disputes are no longer fought primarily through parent-time schedules, exchange disputes, or even direct allegations of abuse. Increasingly, they are fought through institutions. Schools.…
The Rule 702 Gap: Why Utah Custody Evaluations Need Real Evidentiary Scrutiny
In a Utah personal injury case, if a doctor testifies that a low-speed collision caused a traumatic brain injury, that opinion will usually face meaningful scrutiny under Rule 702 of…
Beyond 18: When Utah Law Requires Continued Support for Adult Children with Disabilities
Discover how Utah Code § 81-6-101 allows for child support to continue indefinitely for adult children with cognitive disabilities. Learn the legal standards for incapacity and how a Special Needs Trust can…
Utah Court of Appeals Reverses Child Abuse Conviction Over Incorrect “Reasonable Discipline” Jury Instruction
State v. Paramoure - 2026 UT App 74 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, V. PHILIP CHRISTOPHER PARAMOURE, Appellant. Opinion No. 20240381-CA Filed May 7, 2026 Third District Court, Salt Lake Department The Honorable…
Divorce Litigants Need (and Deserve) Basic Courtroom Education Before Evidentiary Hearings and Trial
Utah law already recognizes that divorce is a life-altering event. Under Utah Code § 81-4-105, parents must attend an orientation course because the state knows this process is emotionally volatile and…
Do You Actually Need a Vocational Evaluator? How to Prove Earning Capacity in Utah Divorce Cases
In many Utah divorce, alimony, and child support cases, you may not need to spend thousands of dollars on a vocational evaluator to prove earning capacity. Courts determined whether people…
Wilson v. Wilson: Utah Court of Appeals Enforces Divorce Mediation Settlement Agreement
Wilson v. Wilson - 2026 UT App 72 THE UTAH COURT OF APPEALS LISA A. WILSON,Appellant, v. BRAD J. WILSON, Appellee. Opinion No. 20240444-CA Filed May 7, 2026 Third District…
Parens Patriae: Why the Court Gets Involved in Your Family
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…
Plausible Isn’t Proof: And “Discretion” Doesn’t Fix It
Stephen Petro recently made a point that should be obvious, but in the heat of litigation, often isn’t: A “reasonable” answer is not the same thing as a correct one. A reasonable answer…
When No Good Deed Goes Unpunished in Divorce
Good behavior in a marriage is often the wrong behavior in a divorce action (and vice versa) Divorce changes the rules midstream. That is the part most people don’t see…
How Much a Divorce Really Costs (and Why It Gets Out of Control)
Ask some lawyers or clients what a divorce costs and you’ll get an estimate. But divorce doesn’t have a fixed price (often even when a lawyer quotes you a seemingly…
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…
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