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…
In the prior two posts, I described a common feature of Utah custody and parent-time proceedings: courts routinely make findings about a child’s needs, relationships, and lived experience without hearing…
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…
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 second 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…
Utah courts deciding child custody and parent-time disputes are charged with acting in the “best interests of the child.” But with exceptions so rare as to be almost meaningless, Utah…
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,…
Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all…
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…
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…