When “Special Training” Becomes a Credentialist Dodge
What “Special Training” Does a Judge Really Need to Talk to a Child? In Utah child custody disputes, one of the stock objections to having a judge interview a child…
Let the Judge Talk to the Child. Have the Judge Talk to the Child
One of the strangest objections to judges interviewing children in child custody disputes is that the interview might make the child anxious. Of course it might. The child’s parents are…
When a Label Changes the Past: Testing Memory Instead of Trusting It in Custody Disputes
Here is the objection this post is going to draw, so I deal with it directly instead of dodging it: raising questions about the reliability of memory sounds like it's…
Kids Don’t Belong in the Driver’s Seat: How Utah Custody Law Rewards Defiance and Calls It Protection
A fit parent is awarded equal custody of two teenagers. Nothing in the record suggests that parent is dangerous, neglectful, or unfit—the court has already said so. A few months…
Your Therapist May Need a Second Opinion Too
I recently encountered a Facebook Reel that is funnier—and probably truer—than many people will be comfortable admitting. Watch the original Reel here. The Reel’s creator identifies what she calls the…
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…
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…
Make Honesty the Selfish Move
Designing divorce and custody settlements that resist gaming Most child custody disputes — and most of the financial fights that ride alongside them — run on bad incentives. The system…
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…
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 “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…
“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…
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…
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…
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…
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…
Why Mediation Often Fails (Even When Both People Want to Settle)
Mediation is supposed to be where divorce cases get resolved. And to be fair, a lot of them do. But a surprising number don’t. Not because one or both people…
Parenting Apps: A (Paid) Solution Looking for a Problem
Everyone in family law has heard the pitch: download a parenting app, pay a monthly fee, and suddenly your co-parenting problems become organized, documented, and “court-ready.” It sounds responsible. It…
Second Marriages and First Impressions: The Stories About an Ex—and the Mistakes People Make by Believing Them
The most dangerous stories in a second marriage are often the ones only one person can verify. Everyone has a past. Everyone has an explanation for why a prior relationship…
Can You Win Child Custody If Someone Else Is Raising Your Kids During the Week?
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…
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…
The Child Still Testifies—Just “Off the Record”?
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…
The Thing One Rarely Says Out Loud When Divorce Starts
When divorce or a child custody dispute begins, most people think they know what they’re fighting for. The house. The retirement account. The business. Parent-time. Child support. Alimony. Those are…
Part I – The Fragility Rationale and the Case for Making and Preserving Records
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,…
The ‘Loyalty Conflict’ Myth: Why Courts Project Adult Anxiety Onto Children
When ‘Protecting Children’ Really Means Protecting Adults The Loyalty Conflict: A Convenient Scapegoat for Adult Discomfort The most common objection to a child testifying in a custody or parent-time dispute…
The Demonization Myth in Divorce and Custody Cases (And Why It Sometimes Works)
There is a persistent belief in divorce and custody cases that goes something like this: “If I can make the court view my spouse as dangerous, dishonest, or morally repugnant,…
When to Ask a Lawyer (or Another Lawyer) to Look at Your Divorce Case
If your divorce case feels stuck, confusing, or quietly drifting toward a bad outcome, that’s often the right moment to ask a lawyer to review it, even if you already…
The False Virtue of Silence: Why We Must Stop Silencing Children in Custody Disputes
There is a pervasive, almost religious orthodoxy in family law litigation over child custody and parent-time that goes something like this: “We must protect the children. Therefore, we must never…
How to Protect Your Child From Being Manipulated Into Making False Accusations During a Custody Dispute
A candid, experience-based guide for parents who need the truth without varnish or theatrics. Not every case involves manipulation. Not every professional fails. But when these problems occur—and they do—the…
The Myth of Utah’s “Standard Parent-Time”
Utah law does not impose a mandatory “standard parent-time” schedule. The schedules in Utah Code § 81-9-302 are only possible options for courts to consider. In practice, however, judges often adopt them with little…
Should You Have Your Spouse or Co-Parent Subject to a Psychological Evaluation in Your Divorce and Child Custody Dispute?
I. Introduction A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why…
Do We Need More and Better Court Intervention in Domestic Relations Cases?
In many types of civil litigation, the core issue is not whether time is of the essence, but whether one will eventually recover compensation, and if so, how much. Yes,…