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…
Few courtroom phrases are more soothing—or more dangerous—than this response to a valid hearsay objection: “I’ll admit it, but I’ll give it the appropriate weight.” The phrase sounds disciplined. It…
For many parents involved in child custody disputes, the phrase “appointing a PGAL” comes up before anyone explains what it means. “PGAL” is short for private guardian ad litem. In…
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…
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…
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…
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…
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.…
A growing number of divorcing and unmarried parents walk into consultations convinced that Utah law now requires “50/50 (equal) child custody.” Some are absolutely certain of it. They heard it…
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 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…
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,…
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…
“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…
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…
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…
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:…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
“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…
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…
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…
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…
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…
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…
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.…
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…
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…
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 2026 UT App 18 THE UTAH COURT OF APPEALS MAZEN BAHSOUN,Appellee, v. COLLEEN ELIZABETH MOONEY, Appellant. Per Curiam OpinionNo. 20251317-CA Filed February…
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…
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 "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…
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…
Divorcing homeowners in Utah frequently run into mortgage servicer roadblocks when trying to refinance or have a spouse removed from a loan, even when the divorce decree says so. This blog explains…