Arb-Med in Divorce: Why the First Reaction May Be Wrong
New ideas are rarely adopted by the average person first. That is a useful point Seth Godin recently made in his blog recently. When you ask ordinary people whether they like a…
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…
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.…
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…
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…
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…
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…
Credibility Determinations Belong to Courts, Not Custody Evaluators
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.…
The “Delete” Trap: Why Wiping Your Hard Drive During a Divorce Can Blow Up Your Case
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: 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…
Utah Supreme Court: Failure to Intervene Bars Grandmother’s Adoption Petition | In re Adoption of R.P. (2026 UT 9)
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…
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…
The Third Way: A Strategic Exit from the Divorce Court/Mediation Loop
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…
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…
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…
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:…
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…
You Can’t Decide What You Haven’t Examined: What Most Utah Courts Knowingly Miss in Child Custody Decisions
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…
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…
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 “Tooling Up Phase” of Divorce: Why Gathering Your Financial Documents Early Can Save You Thousands of Dollars and Spare You Months of Delay
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…
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…
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,…
“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…
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…
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 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…
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.…
State v. Tolman – 2025 UT App 188 – Remote Child Testimony and Preservation Failures
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…
Orem City v. Jakeman – 2025 UT App 187 – continuous protective orders after sentencing
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…
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…
In re P.M.- 2025 UT App 155
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.…
In re P.M. – 2025 UT App 154 – Juvenile Court – Dependency
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…
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…
Should I Go Through My Child’s Phone or Other Devices During the Divorce?
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.…
Ream v. Ream – 2025 UT App 105 – What Does and Does Not Constitute Civil Stalking Injunction Violation
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…
What Evidence Should You Request During the Discovery Process in Your Utah Divorce?
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…
Making the Expedited Parent-time Enforcement Program Truly Expedited
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…
Should You Depose Your Spouse During Your Divorce Case? By Braxton Mounteer, Legal Assistant
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…
In re D.S. – 2025 UT 11 – termination of parental rights – standard of proof
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…
How to Identify and Avoid Some Common Dirty Tricks in Divorce Cases. By Braxton Mounteer, Legal Assistant
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…
How Can I Fight for Child Visitation and My Parental Rights Without a Lawyer in Utah?
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…
Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant
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…