THE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM

“Speak your mind—even if your voice shakes. . . . When you least expect it, someone may actually listen to what you have to say.” — Maggie Kuhn I have…

Continue ReadingTHE BEST PERSON TO “SPEAK FOR A CHILD” IS THE CHILD HIMSELF/HERSELF, NOT A GUARDIAN AD LITEM

Rejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client

When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…

Continue ReadingRejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client

Blanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible

Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…

Continue ReadingBlanket prohibitions on child testimony in custody and parent-time disputes are irrational and irresponsible

Why Do Utah Courts Not Allow Child Testimony?

I had lunch today with a former legal assistant of mine who is now a law student in Arizona. Over the summer he shadowed judges in Maricopa County during their…

Continue ReadingWhy Do Utah Courts Not Allow Child Testimony?

I Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?

I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…

Continue ReadingI Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?

Does having the judge interview the children traumatize the children?

Does having the judge interview the children traumatize the children?   This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…

Continue ReadingDoes having the judge interview the children traumatize the children?