Children in Divorce

A fit parent is awarded equal custody of two teenagers. Nothing in the record suggests that parent is dangerous, neglectful, or unfit—the court has already said so. A few months…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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.…

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…

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…

If you’re dealing with a divorce or a child custody dispute, there’s something you need to understand early: This is not just your case. That’s not rhetoric. It’s how the…

Family law emergencies do not follow business hours. What you do—or fail to do—in the first moments of a crisis often dictates your success in court months later. CRITICAL: If you…

“Temporary orders” sound harmless. Interim. A placeholder until the whole case gets decided. That’s not how they function in the real world. In virtually every Utah divorce and child custody…

Everyone in family law has heard the pitch: download a parenting app, pay a monthly fee, and suddenly your co-parenting problems become organized, documented, and “court-ready.” It sounds responsible. It…

You’re sitting there with a domestic violence (DV) criminal charge hanging over your head. And you’re innocent. Yet you’re scared. You're distressed. You’re tired. You want it over. Then comes the…

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…

The Missing Step Courts in child custody disputes routinely make determinations without ever hearing from the child directly—or even reviewing a complete and reliable record of someone who did. That…

I. The Illusion of Protection In Utah child custody disputes, courts have (but should not have) a choice: hear from the child directly or receive their life story through a…

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…

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…

I. The System’s Logic When courts appoint custody evaluators and/or private guardians ad litem (PLALs), the justification is usually straightforward: The judge does not want children to testify.So instead, the…

Protective orders are among the most powerful and disruptive tools Utah courts wield—all on an expedited timeline and often on a limited record. The law governing these orders is clearly…

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…

The Fragility Rationale The most common justification for not making and keeping a record of child testimony rests on fragility. Knowing that the interview will be recorded, it is said,…

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…

When parents separate, two instruments immediately begin to shape a child's future: the calendar (time) and the calculator (money). Both matter. Neither is optional. And neither compensates for the absence…

Utah’s Legislature has introduced HB 208 (2026), a bill that would make meaningful changes to the state’s parentage statutes. Parentage law determines who is legally recognized as a parent. That recognition…

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.…

In Utah, "joint physical custody" doesn't have to mean a perfect 50/50 split, though that is increasingly common (increasingly common, not the default—the system still treats mothers more favorably than…

In child custody disputes, the judge acts as the final arbiter, but they rarely get to see the daily reality of a child's life. This is where appointing an attorney…

Divorcing homeowners in Utah frequently run into mortgage servicer roadblocks when trying to refinance or have a spouse removed from a loan, even when the divorce decree says so. This blog explains…

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…