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 Thing One Rarely Says Out Loud When Divorce Starts
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…
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 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…
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…
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…
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.…
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,…
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…
What Legal Assistants Do in Divorce and Family Law Cases—and Why It Matters
Divorce and family law cases are often described in terms of lawyers: legal advice, strategy, negotiations, and court appearances. None of that works unless the case itself is properly built…
When Can Things Be Submitted to the Court?
Every year, I watch people bring “important” documents to court that the judge will never read. Emails. Text messages. Financial records. Therapist letters. Receipts. Recordings. Sometimes the most important material…
Home Equity Red Flags Every Divorce Attorney (and Client) Should Catch Early
Guest post by Joe Gordon Broker / Owner / Certified Divorce Real Estate Expert Direct: 801-577-6304 Email: Joe@Gordon-RealEstate.com www.UtahDivorceRealEstate.com This practice tip comes to you after a heartbreaking case where the…
How the Bridge Was Made Unsafe
A wide river ran through the village.A wooden bridge connected the banks. The villagers depended on the bridge. They crossed it to go to work, to the market, to visit…
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…
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…
Even the Best Divorce Lawyer Can’t Turn a Weak Case Into a Strong One
There’s a persistent belief in the divorce and custody world that the “right” divorce and child custody lawyer can work miracles. That if you hire someone clever enough, aggressive enough,…
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…
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…
You Must Follow Court Rules, and You Cannot Be a Law Unto Yourself
People often come into court thinking they can game or “outsmart the system.” They’ve read something online, talked to a friend who claims to have “pulled one over on the…
Utah Courts Don’t Appoint Lawyers in Divorce Cases. Here Is What That Really Means.
In Utah, you don’t get a court-appointed lawyer for a divorce case because a divorce case is a civil, not a criminal, matter. That means even if your divorce case affects your…
What Counts as “New Evidence” After Discovery Closes in a Utah Divorce Case?
When discovery closes in your Utah divorce, child custody, or support case, you can’t keep gathering (or using at trial) new evidence unless it fits a very narrow exception.Many people…
Why a Good Lawyer Often Asks You Questions Before He Answers Yours
People rarely ask plainly the tough questions they actually need answered. In divorce and custody cases, clients often ask surface questions (“How much will this cost?” “Can I get full…
The False Economy of the Cheap Divorce Lawyer
A cheap divorce lawyer almost always costs more in the long run. Low-fee lawyers keep prices low by cutting corners (reusing boilerplate, outsourcing analysis and judgment, and rushing cases to…
Paralegals and Legal Assistants Aren’t Your Lawyer, but They Are a Lifeline
When you hire a divorce lawyer, you aren’t usually hiring one person, you’re hiring a team. That’s by design, and it’s not meant to be “shortcut” for your lawyer to…
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…
The Most Common Non-Legal Mistakes Divorce Clients Make That Complicate Their Cases
One’s divorce case rarely falls apart just because it is legally or factually weak. More often, it’s the divorcing parties themselves who complicate their cases through avoidable mistakes. Courts in…
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…
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…
How Well Divorce Mediation Works Depends on How Well You and Your Spouse Work Together
Don’t divorce lawyers make mediation harder and more expensive? I'm a divorce lawyer, and I'll be the first to admit it: sometimes lawyers can do more harm than good in the…
Sample Objection Language for GAL and Custody Evaluator Overreach in Utah Courts
(For educational purposes only. Consult your attorney before you considering using these in your own case.) GAL Acting Like a Witness Without Being Sworn “Your Honor, I object. The Guardian…
Analyzing the Reasonableness of Flat Fees in a Billable-Hour Profession
For generations, the billable hour has been the dominant billing tool of the legal profession. Consequently, courts, attorneys, and even clients have assessed “reasonableness” of an attorney’s fees against the…
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
Compelling Reasons for Permitting Litigants and Their Attorneys to Appear Remotely for Court Hearings
World War II’s silk shortage forced the military to abandon a comfortable default; nylon parachutes—stronger, cheaper, and mass-producible—started as a substitute and became the superior standard. COVID-19 did the same…
Setting a Litigation Budget in Family Law Cases: An Idea Worth Developing
Setting a Litigation Budget in Family Law Cases: An Idea Worth Developing
Divorce lawyers have long grappled with one of the most disheartening realities of our practice: watching a marital estate, built over years, dissolve not into two separate households, but go…
I Can No Longer Afford My Divorce Attorney. What Should I Tell My Attorney? And What Are My Options if I Proceed Without an Attorney in My Divorce Case?
TL;DR: If you can’t afford your Utah divorce attorney anymore, tell him/her immediately. You may be able to arrange a payment plan, switch to limited scope services, or proceed on your…
My Lawyer Says That the Things I Think Are Important to My Divorce and Child Custody Case Are not Important (or Not Nearly as Important as I Believe Them to Be). Is My Lawyer Right? How Can I Know? What Do I Do?
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…
Your Spouse May Not Be a Narcissist; He or She May Just Not Get Along with You
By Braxton Mounteer, Legal Assistant One of the most common accusations we hear in divorce cases today is: “My spouse is a narcissist.” It's become the go-to label for bad behavior,…
Family Lawyers: Why Aren’t More of You Moving the Court to Interview Children Instead of Automatically Requesting PGALs or Custody Evaluators?
Most cases don't need a PGAL or evaluator appointment. Why are court interviews often the better choice?: Quality of evidence: Direct court interviews create objective, recorded testimony rather than subjective, unverifiable,…
What Are the Biggest Challenges Men Face During Divorce, and Why Do Some Believe the System Is Unfair to Them?
It is not a matter of beliefs that men are generally (not in every single case, but generally) treated unfairly in divorce. It is a fact. This is why many…
Is Divorce a Battle of Attrition?
‘Can be. ‘Often is, but is not necessarily a war of attrition in all situations. Some divorce cases come to an end not because the court ruled on and resolved…
How Do Fathers Fight for Child Custody?
Do you mean to ask, How do deserving fathers fight: for sole child custody? for joint child custody? for equal child custody? Or do you mean to ask: “How do fathers ‘win’ their…
My Lawyer Says I Have a Weak Case. I Don’t Believe That. What Should I Do? By Braxton Mounteer, Legal Assistant
If you are considering filing for divorce—or if your spouse has already filed—you’ve probably consulted with a divorce lawyer (or should). You likely have your own views (and blind spots)…
How to Handle Child Custody When the Mother Is Negatively Influencing the Child?
Although they shouldn't do it, courts will generally treat mothers and fathers differently simply based upon sex. Sexual discrimination, to put it bluntly. Not all courts do this, but many…
How Do I Manage My divorce Case While I work Full-time? By Braxton Mounteer, Legal Assistant.
One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…
Utah Divorce Terms Glossary
(most definitions are from or based upon Black’s Law Dictionary, but some are from Utah sources, other sources, or are my own) ADR (alternative dispute resolution). Any procedure for settling…
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