In the prior discussion, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, attachments, and lived experience without hearing directly…
Seth Godin observed that every important medical innovation of the last several centuries—handwashing, antibiotics, acknowledging the dangers of smoking—was initially resisted by the medical establishment. Not because the ideas were…
Questioning the Assumed Superiority of Custody Evaluators and Guardians ad Litem A foundational assumption in modern custody practice is rarely stated outright, but it governs nearly everything that follows: that…
The Danger of Interpretation When Courts Refuse to Hear from the Child Directly When the court relies on a child custody evaluator or Guardian Ad Litem (GAL), it is not…
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,…
Utah judges and domestic relations commissioners reassure parents that early custody, parent-time, and support orders issued during the pendency of the child custody case are “just temporary.” Don’t believe it.…
In Utah today, custody evaluations are often conducted behind closed doors. The evaluator interviews the parents, the children, and collateral witnesses (neighbors, teachers, extended family, therapists, coaches, pastors, etc.), but…
In your divorce case, you, your spouse (or other parent) and your children may be required to undergo a custody evaluation. The custody evaluation is governed by Utah Code of Judicial Administration Rule…
I was recently in court opposing a motion to appoint a custody evaluator in a child custody dispute case. I am generally opposed to child custody evaluations because of the…
In my previous blog on the subject of child custody evaluations (link to pervious blog ) I started a series of video critiquing custody evaluations. I never saw the value…
Why Not Have the Judge Interview the Children About Child Custody? Why Appoint a GAL or Custody Evaluator When the Judge Can Interview the Children? This post is the first…
Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs and the needs of their family, instead of…
BREAKING NEWS: The custody evaluator pool just got bigger! That means faster scheduling, faster completion, and lower prices! The amendment is effective November 1, 2019. CJA04-0903. Uniform custody evaluations. AMEND. Adds…