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…
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…
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…
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…
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…
In a surprising number of child custody disputes, courts make major decisions based heavily on conversations nobody else gets to see or hear. A custody evaluator interviews the child privately.…
Deleting digital evidence during a Utah divorce can trigger sanctions, contempt findings, attorney fee awards, and devastating credibility problems. Learn how Utah courts treat destroyed evidence under URCP 26, 26.1,…
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…
This opinion is subject to revision before final publication in the Pacific Reporter In re Adoption of R.P. - 2026 UT 9 2026 UT 9 IN THE SUPREME COURT OF…
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…
Divorce cases spiral and stagnate because the system allows for posturing and delay without consequence. The courts are overwhelmed and apathetic. Mediation, as typically structured, does not require resolution. Without…
“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…
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…
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:…
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…
The Missing Step Courts in child custody disputes routinely make determinations without ever hearing from the child directly—or even reviewing a complete and reliable record of someone who did. That…
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…
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…
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…
When people begin thinking about divorce, most want to get it over with quickly. Keep the suffering to a minimum. They want to file immediately, schedule hearings, and get the…
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…
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,…
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…
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…
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…
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…
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…
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…
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.…
2025 UT App 188 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, v. KASSIE ANGEL TOLMAN, Appellant. Opinion No. 20230006-CA Filed December 18, 2025 First District Court, Logan DepartmentThe Honorable Angela FonnesbeckNo. 191100466 Lyla Mahmoud, Debra…
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…
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…
In re P.M.- 2025 UT App 155 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. O.D.M., Appellant, v.…
2025 UT App 154 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF P.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF UTAH…
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…
Why this comes up Divorce makes parents hyper-vigilant. A child’s smartphone can feel like the master key to what’s really happening—messages with the other parent, photos, social media, location history.…
2025 UT App 105 THE UTAH COURT OF APPEALS DEBRA JEAN REAM, Appellant, v. JACOB M. REAM, Appellee. Opinion No. 20230799-CA Filed July 10, 2025 Fourth District Court, Provo Department…
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
Given that the 3rd District requires mediation under § 81-9-102(a). (Expedited Parent-time Enforcement Program (emphasis on “expedited”), before it will hear motions to enforce and for sanctions (MTEs) that allege court-ordered…
One of the best evidence-gathering tools that a divorce litigant has at his/her disposal is a deposition. What is a deposition? To answer that question, you first need to understand that a…
This opinion is subject to revision before final publication in the Pacific Reporter In re D.S. - 2025 UT 11 IN THE SUPREME COURT OF THE STATE OF UTAH STATE…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…
2025 UT App 43 THE UTAH COURT OF APPEALS VICKI JO NELSON, Appellee, v. JAMES Q. NELSON, Appellant. Opinion No. 20230483-CA Filed March 27, 2025 Third District Court, Salt Lake…
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
It depends on how you reached this point, and how much time, if any, you have to fix it. If circumstances relevant to the child custody award have materially and…
Warning: my answer is blunt, and it is directed primarily at women/mothers who make (or contemplate making) false claims, but even if you are not making or contemplating making a…