How to Identify and Avoid Some Common Dirty Tricks in Divorce Cases. By Braxton Mounteer, Legal Assistant

Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…

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A Critical Analysis of Court-Ordered Mental Health Therapy in Utah Family Law

In family law proceedings, particularly those involving child custody disputes, courts frequently order parents and children to engage in mental health therapy. While the ostensible intent behind these orders is…

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Reject the Contemporary Utah Custody Evaluation or PGAL Couse of Action: Record the Interviews of the Children Involved in Utah Child Custody Disputes

In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…

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A Better Approach to Acquiring Child Testimonial Evidence in Child Custody Disputes

In Utah child custody disputes, the voices of children are almost always filtered through court-appointed private guardians ad litem (PGALs) and/or custody evaluators. These intermediaries will claim to represent what…

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How Do I Know If My Custody Evaluator and Custody Evaluation Are Any Good? By Braxton Mounteer, Legal Assistant

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…

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Corn v. Groce – 2024 UT App 84 – Proving Changed Circumstances

Corn v. Groce - 2024 UT App 84 THE UTAH COURT OF APPEALS JANETTE CORN, Appellee, v. BLAKE GROCE, Appellant. Opinion No. 20220526-CA Filed May 31, 2024 Second District Court, Farmington…

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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…

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Two Reforms (Of Many) That I Suggest Are Likely Not What You Think They Would Be.

In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…

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2023 UT App 137 – Lobendahn v. Lobendahn – petition to modify custody

2023 UT App 137  - Lobendahn v. Lobendahn   THE UTAH COURT OF APPEALS MARCUS JAMES LOBENDAHN, Appellant and Cross-appellee, v. LEEYEN MOEVAI LOBENDAHN, Appellee and Cross-appellant. Opinion No. 20210278-CA…

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Are there experts who can evaluate parental alienation for a custody case?

There are “expert” witnesses for virtually any and every issue in legal actions.  Can judges be bamboozled by pseudo-scientific expert witnesses? Without question.  Do some judges who know that the…

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How do we counteract the adverse effects of trusting custody evaluators?

The question was asked: In a study in 2012 proved many custody evaluators falsely believe most DV victims lied & alienated kids. So How do you prevent that evaluators report from…

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GALs/custody evaluators waste money/time compared to judge interview

GALs and custody evaluators waste too much money and time, and can never provide the same accuracy as a judge’s direct interview of the child. This post is the fifteenth…

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I’ve never seen a GAL or custody evaluator add value equal to the fees they charge

I've never seen a GAL or custody evaluator add value equal to the fees they charge This post is the fourteenth in series of 15 posts on the subject of…

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How useful are a GAL’s or custody evaluator’s recommendations?

How useful are a GAL’s or custody evaluator’s recommendations?   This post is the twelfth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs”…

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Why Not Have the Judge Interview the Children About Child Custody?

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…

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Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?

Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…

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Believing Judges Interviewing Children Harms Children Rests on False Premises

This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…

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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…

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2019 UT App 207 – Peeples v. Peeples – modification of child custody

2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…

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Can custody evaluators see through a narcissist’s lies?

No, not simply by virtue of their being custody evaluators. Sometimes custody evaluators and other mental health professionals give the impression (either deliberately or inadvertently) that they have magic, infallible…

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Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…

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LeFevre v. Mackelprang – 2019 UT App 42 – joint custody analysis

2019 UT App 42 - THE UTAH COURT OF APPEALS - LeFevre v. Mackelprang AMELIA GAYATREE LEFEVRE, Appellee, v. CASEY LEE MACKELPRANG, Appellant. Opinion No. 20171006-CA Filed March 28, 2019…

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