Your Therapist May Need a Second Opinion Too
I recently encountered a Facebook Reel that is funnier—and probably truer—than many people will be comfortable admitting. Watch the original Reel here. The Reel’s creator identifies what she calls the…
Viewing Pre- and Post-Nuptial Agreements Through the Humanity Lens
Viewing Pre- and Post-Nuptial Agreements Through the Humanity Lens A premarital agreement is sold to clients as a piece of financial engineering. It provides certainty. It protects separate property. It…
You Don’t Want an Overworked Judge or Domestic Relations Commissioner Deciding Your Family’s Fate
Judge Kasey Wright deserves more credit than ridicule for refusing to pretend that chronic triage is competent judging. On July 13, 2026, Utah Fourth Judicial District Judge Kasey Wright submitted…
When the Old Lame Excuses Fail, New Ones Will Be Invented
Judges in child custody disputes should hear from children more often. A lot more often. It should be routine, the presumptive course, the default. Not because children should decide custody…
“I’m Not Trained to Interview Children” and Other Empty Objections Behind Utah’s PGAL Default
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…
One Opinion, Seven Letterheads: The Family Court Echo Chamber
Christine Miller recently made a point about family court that deserves more attention: the appearance of independent professional agreement where no genuine independence exists. When a court appoints a private guardian…
Kids Don’t Belong in the Driver’s Seat: How Utah Custody Law Rewards Defiance and Calls It Protection
A fit parent is awarded equal custody of two teenagers. Nothing in the record suggests he's dangerous, neglectful, or unfit—the court has already said so. A few months in, the…
The Weaponization of Victimhood: A Candid Look at the Inexcusable Bias in Family Courts
“A woman's greatest strength [in divorce court] is her ability to be a victim.” It’s a statement that immediately makes people boil over—either in furious agreement or absolute outrage. But…
Let. The. Evidence. Point. The. Way.
A recent podcast clip I saw this week made a deliberately provocative claim: “A woman’s greatest strength is her ability to be a victim.” Taken literally, the statement is too…
When Family Courts Punish the Innocent Parent
Child Custody Defiance Should Not Cost a Fit Parent Both the Children and More Money Suppose a court orders equal custody. Both parents are fit. One parent is ready, willing,…
The Intersection of Federal Immigration Law and Utah Divorce
One of the most complex, high-stakes scenarios occurs when federal immigration policies collide head-on with state domestic relations law. Under the federal Violence Against Women Act (VAWA), a non-citizen spouse…
SB 304 Promised a Fix for Weaponized Protective Orders. Read the Statute
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.…
Protection Without Prejudice
A temporary protective order should do one thing well: protect against the danger actually alleged and shown by nothing less than a preponderance of the evidence. It should not become…
When “More Likely Than Not” Becomes “Maybe, So Better Safe Than Sorry”
A low evidentiary burden is still a burden. That should be obvious. In Utah temporary protective order practice, however, it is often treated as optional. The preponderance of the evidence…
The Paper Shield: Protecting Victims Without Abandoning Due Process
Few legal proceedings can rearrange a person’s life as quickly as an ex parte protective order. A judge can remove someone from the family home, restrict contact with children, limit access to…
The Family Home in Divorce: Sell It or Let One Spouse Keep It?
For many Utah couples, the family home is the largest asset in the divorce. It is also often the most emotional one. That combination can make it dangerous. A spouse…
The Standard of Proof Is the Immune System of Family Law—and Courts Keep Suppressing It
This post is a companion to The Bloodletting of Family Law. That post diagnosed a system that mistakes itself for the cure. This one is about the cure the system…
The Bloodletting of Family Law: When the System Mistakes Itself for the Cure
For centuries, physicians bled their patients and called it medicine. The patients got weaker; the doctors, confident in their training, prescribed more bleeding. Medicine now has a name for harm…
Make Honesty the Selfish Move
Designing divorce and custody settlements that resist gaming Most child custody disputes — and most of the financial fights that ride alongside them — run on bad incentives. The system…
Guardian ad Litem in Utah: What a GAL or PGAL Is Supposed to Do—and What Usually Happens Instead
If you are in a child custody dispute and the court appoints a "guardian ad litem," it sounds reassuring. A lawyer appointed for the child? What could there be not…
When Courts Reward What They Could Stop the Result Are Always Tragic
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…
Arb-Med in Divorce: Why the First Reaction May Be Wrong
New ideas are rarely adopted by the average person first. That is a useful point Seth Godin recently made in his blog recently. When you ask ordinary people whether they like a…
When an “Absent” Parent Was Pushed Out
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…
The Pitfalls of Co-Parenting “Help”: Are Special Masters and Parent Coordinators Worth the Cost in a Utah Custody Dispute? Not Usually.
Special masters and parent coordinators sound like practical solutions to exhausting parenting disputes. When parents keep fighting over exchanges, expenses, holidays, phone calls, school issues, and extracurricular activities, the idea…
Trust Me Is Not Evidence: The Custody Black Box in Utah Family Court
In most courtrooms, a litigant cannot restrict another person’s fundamental rights by repeating untested, out-of-court accusations. If a party tries to prove serious allegations through “someone told me” evidence, the…
The Hard Truth About Grandparents’ Visitation “Rights”
Utah grandparent visitation rights can be court-ordered, but they are hard to win. A grandparent can ask a Utah court for visitation, but Utah law starts with a strong presumption in…
Is the Settlement of Your Real Property Truly Equitable in Your Divorce Case? Why Real Estate “Net Value” Matters
That eagerness to cross the finish line can be so seductive in reaching a divorce settlement agreement. If the division of assets looks 50/50 on paper, it is easy to…
Fear Wearing the Mask of Reason
On the surface, family court looks like a place of reason. There are statutes, rules of evidence, financial declarations, parenting plans, sworn testimony, judicial findings, and orders written in the…
Utah Child Custody and Long-Distance Relocation: “The 150 Miles or More Rule”Explained
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…
Divorce Does Not Make Underemployment Invisible in Utah Alimony Cases
When a spouse earns less after divorce is filed, the court does not have to accept the lower number just because it appears on a paycheck. That is one of…
Does Child Support Cover School Fees and Extracurricular Activities in Utah?
One of the most common sources of conflict between co-parents is not just custody exchanges, holiday schedules, or even the monthly child support payment. Often, it is the steady stream…
The “Best Interests” Standard: Common Factors Judges Consider in Utah Child Custody and Parent-time Disputes
When parents separate or divorce, one of the most important questions is how custody of their children will be determined. Many parents enter the process believing the court will automatically…
“I’ll Give It the Appropriate Weight” Is Not a Rule of Evidence
Few courtroom phrases are more soothing—or more dangerous—than this response to a valid hearsay objection: “I’ll admit it, but I’ll give it the appropriate weight.” The phrase sounds disciplined. It…
PGALs Are Almost Always Appointed for the Court’s Convenience, Not the Child’s Benefit or for the Benefit of Seeking the Truth
For many parents involved in child custody disputes, the phrase “appointing a PGAL” comes up before anyone explains what it means. “PGAL” is short for private guardian ad litem. In…
Walking in Their Shoes: The Reciprocal Argument Rule in Family Law Litigation
Family court is not ordinary litigation. In a business dispute, the parties may fight hard, settle, and never see each other again. In divorce and child custody disputes, the parties…
No Remedy Without a Wrong: Why Family Courts Must Stop Rewarding Fabricated Grievances
There is a basic principle at the heart of equity: where there is a legal wrong, there should be a remedy. But the inverse matters just as much: where there…
Child Custody and Parent-time Awards Need to Incorporate More Humility
Many parents (I’d say even most parents) enter family court hoping someone will fix everything. Believing that: the judge will see through the lies. the custody evaluator will identify the…
How Extended Summer Parent-Time Actually Works Under Utah Code §§ 81-9-302 and 81-9-303
Not every Utah parent is subject to the default parent-time schedules found in Utah Code §§ 81-9-302 and 81-9-303. Many parents operate under customized custody and parent-time provisions created by agreement or court…
Co-Parenting Apps: Useful Tool or Expensive Solution in Search of a Problem?
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…
When Joint Legal Custody Parents Disagree About an IEP in Utah
Some of the strongest child custody disputes are no longer fought primarily through parent-time schedules, exchange disputes, or even direct allegations of abuse. Increasingly, they are fought through institutions. Schools.…
Divorce Mediation Wastes Time, Money, and Effort. There Is an Obvious Better Way.
The way divorce mediation is conducted in Utah is wildly overrated, yet that fact is one of the best kept secrets in the family law legal profession. To be clear,…
Equal Custody in Utah: Common, Increasingly Favored, but Still Not Presumed
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…
The Rule 702 Gap: Why Utah Custody Evaluations Need Real Evidentiary Scrutiny
In a Utah personal injury case, if a doctor testifies that a low-speed collision caused a traumatic brain injury, that opinion will usually face meaningful scrutiny under Rule 702 of…
Beyond 18: When Utah Law Requires Continued Support for Adult Children with Disabilities
Discover how Utah Code § 81-6-101 allows for child support to continue indefinitely for adult children with cognitive disabilities. Learn the legal standards for incapacity and how a Special Needs Trust can…
Divorce Litigants Need (and Deserve) Basic Courtroom Education Before Evidentiary Hearings and Trial
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…
Credibility Determinations Belong to Courts, Not Custody Evaluators
In a surprising number of child custody disputes, courts make major decisions based heavily on conversations nobody else gets to see or hear. A custody evaluator interviews the child privately.…
Do You Actually Need a Vocational Evaluator? How to Prove Earning Capacity in Utah Divorce Cases
In many Utah divorce, alimony, and child support cases, you may not need to spend thousands of dollars on a vocational evaluator to prove earning capacity. Courts determined whether people…
Why “Reasonable Parent-Time” Often Turns Into Unnecessary Conflict
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…
The “Custom-Tailored” Holiday Schedule vs. Utah’s Statutory Plan
One of the most common mistakes parents make in Utah child custody disputes is assuming that a “custom-tailored” holiday schedule must automatically be better than Utah’s standard statutory holiday parent-time…
The “Delete” Trap: Why Wiping Your Hard Drive During a Divorce Can Blow Up Your Case
Deleting digital evidence during a Utah divorce can trigger sanctions, contempt findings, attorney fee awards, and devastating credibility problems. Learn how Utah courts treat destroyed evidence under URCP 26, 26.1,…