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…

Continue ReadingThe Illusion of Protection: Why Utah’s Child Testimony Statute Threatens Due Process and Open Courts

Sexual Discrimination in Utah Child Custody and Parent-Time Awards – I’m Just Going to Leave This Here (Part 2 of 2)

See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…

Continue ReadingSexual Discrimination in Utah Child Custody and Parent-Time Awards – I’m Just Going to Leave This Here (Part 2 of 2)

Sexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)

See Pusey v. Pusey, 728 P.2d 117, 121 (Utah 1986): ZIMMERMAN, Justice (concurring in the result): [I] also believe it is time to discontinue any hint of support for the notion of…

Continue ReadingSexual Discrimination in Utah Child Custody and Parent-time Awards – I’m just going to leave this here (Part 1 of 2)