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…
At a recent hearing, a commissioner explained why she was appointing a private guardian ad litem instead of interviewing the child herself: "Given the age of the child, the statutory…
Anyone who practices Utah family law has watched it happen. A child custody dispute is going badly for one parent, or hasn't started yet, and a protective order petition appears.…
I don’t have all the facts about this. None of us do at this point. And what facts we have may not even be fully “factual,” but we’ve seen this…
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…
Few child custody disputes create more uncertainty than relocation. A parent may wantto move for a new job, remarriage, school, lower housing costs, or to be closer to family.Those reasons…
Parenting apps are now everywhere in modern child custody disputes. Lawyers recommend them. Parenting coordinators recommend them. Guardians ad litem recommend them. Courts sometimes order them. And the companies behind…
A growing number of divorcing and unmarried parents walk into consultations convinced that Utah law now requires “50/50 (equal) child custody.” Some are absolutely certain of it. They heard it…
Utah law already recognizes that divorce is a life-altering event. Under Utah Code § 81-4-105, parents must attend an orientation course because the state knows this process is emotionally volatile and…
ABSTRACT: Vague parenting plans built around “reasonable parent-time” often create more conflict, not less. When schedules, holidays, exchanges, and responsibilities are left undefined, parents frequently end up arguing about expectations…
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…
In Utah child custody and parent-time disputes, courts routinely defer to a familiar class of professionals: private guardians ad litem (PGALs) and custody evaluators. These professionals are held up as…
This series has examined a focused procedural question: whether interviews with children in custody disputes should be preserved through authenticated contemporaneous verbatim record via unedited audio-visual capture. The discussion has…
Legal systems evolve. Practices that function adequately become routine. Routine hardens into assumption. Over time, assumption begins to resemble necessity. Unrecorded child interviews in custody and parent-time cases appear to…
In most areas of litigation, original testimony is preserved. Depositions are recorded. Hearings are transcribed. Statements given in investigative settings are documented. Context is retained because meaning does not reside…
A 5-part series Series Introduction Modern legal systems run on records. Depositions are transcribed. Hearings are recorded. Police interrogations are preserved. Financial transactions generate digital trails. Making and preserving records…
In the world of public policy, there is a phrase that acts as a universal solvent for logic, restraint, and due process: “If it saves just one life.” The phrase is…
Utah’s 2026 legislative session includes a proposal that deserves attention well beyond juvenile court. House Bill 372—particularly its substitute versions—revisits Guardian ad Litem (GAL) duties and standards in child welfare proceedings.…
What “Laying Foundation” Actually Means One of the most common frustrations in Utah divorce cases is this: a party has a letter, email, report, or written statement that feels decisive—and…
This post is the fourth in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
This post is the third in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, and the legal, procedural,…
This post is the first in a four-part series examining Utah courts’ reliance on guardians ad litem (GALs), private guardians ad litem (PGALs), and custody evaluators, beginning with the strongest…
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…
When Courts Hear About Children Instead of Hearing From Them In Utah child-custody and parent-time disputes, motions to appoint a Private Guardian ad Litem (PGAL) and/or a custody evaluator have…
In the practice of family law, we often hear a sentiment that is as ubiquitous as it is hollow: "We must protect the children from the litigation." On its face,…
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 you want the truth? Or, more accurately, the truth as I see it, having practiced divorce and family law for the past 28 years as of the date I…