parent-time disputes Utah

When Courts Refuse to Hear Directly From Children in Child Custody and Parent-Time Disputes

The Basic Logic of Factfinding The Protection Rationale The Expertise Rationale The Record Disappears Credibility Cannot Be Tested The Court’s Position: Real Constraints, Imperfect Tools Institutional Convenience One of the…

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Child Testimony in Utah Custody and Parent-time Dispute Cases: Why a Blanket Ban Is Legally Indefensible

Utah Law Does Not Support a Categorical Bar to Child Testimony Utah’s custodial statute expressly contemplates judicial inquiry into a child’s views. Section 81-9-204(5)(b)(i) provides that “the court may inquire…

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