The Weaponization of Victimhood: A Candid Look at the Inexcusable Bias in Family Courts

“A woman's greatest strength [in divorce court] is her ability to be a victim.” It’s a statement that immediately makes people boil over—either in furious agreement or absolute outrage. But…

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Let. The. Evidence. Point. The. Way.

A recent podcast clip I saw this week made a deliberately provocative claim: “A woman’s greatest strength is her ability to be a victim.” Taken literally, the statement is too…

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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…

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When Family Courts Punish the Innocent Parent

Child Custody Defiance Should Not Cost a Fit Parent Both the Children and More Money Suppose a court orders equal custody. Both parents are fit. One parent is ready, willing,…

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The Intersection of Federal Immigration Law and Utah Divorce

One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…

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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.…

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Protection Without Prejudice

A temporary protective order should do one thing well: protect against the danger actually alleged and shown by nothing less than a preponderance of the evidence. It should not become…

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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…

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The Family Home in Divorce: Sell It or Let One Spouse Keep It?

For many Utah couples, the family home is the largest asset in the divorce. It is also often the most emotional one. That combination can make it dangerous. A spouse…

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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…

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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…

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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…

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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…

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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…

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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.…

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Divorce Does Not Make Underemployment Invisible in Utah Alimony Cases

When a spouse earns less after divorce is filed, the court does not have to accept the lower number just because it appears on a paycheck. That is one of…

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Jenkins v. Jenkins – Imputed Income and Fault-Based Alimony

2026 UT App 86 THE UTAH COURT OF APPEALS KRISTINE JENKINS, Appellee, v. EVAN K. JENKINS, Appellant. Opinion No. 20241206-CA Filed May 29, 2026 Fourth District Court, Provo Department The…

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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…

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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…

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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…

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 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…

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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…

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“I’ll Give It the Appropriate Weight” Is Not a Rule of Evidence

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…

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PGALs Are Almost Always Appointed for the Court’s Convenience, Not the Child’s Benefit or for the Benefit of Seeking the Truth

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…

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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…

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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…

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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…

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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…

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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.…

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Equal Custody in Utah: Common, Increasingly Favored, but Still Not Presumed

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…

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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…

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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…

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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,…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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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Control Your Communications, Protect Your Case: Choosing Your Inner Circle in Utah Family Law

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…

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Military Divorce in Utah: Will You Lose Your TRICARE Coverage?

In Utah military divorces, TRICARE eligibility is governed by the rigid federal "20/20/20 rule," not state court discretion. This post breaks down the strict requirements for lifetime medical benefits, the…

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