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…
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…
A Utah divorce hearing is limited by the motion before the court, the relief requested, and the evidence properly noticed and submitted. If an issue is not teed up procedurally…
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,…
In Utah family court cases (divorce, child custody, etc.), you generally cannot wholly substitute affidavits or verified declarations for live witness testimony in contested matters. Even if the court allows…