GAL (Guardian ad Litem) Archives

Do GALs or custody evaluators do a better job of interviewing children than judges do?

This post is the tenth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody cases when the judge could simply interview the children instead.…

Why Not Have the Judge Interview the Children About Child Custody?

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 in series of 15 posts on the subject of custody…

There is nothing a GAL could learn how to do that a judge cannot also learn how to do equally well.

There is nothing a GAL could learn how to do that a judge cannot also learn how to do equally well. This post is the ninth in series of 15 posts on the subject of custody evaluations and the appointment…

If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child?

If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child? This post is the seventh in series of 15 posts on the subject of custody…

Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?

December 25, 2020

Divorce Utah

Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Evidence, Expert Witnesses, Fathers' Divorce Issues, GAL (Guardian ad Litem), Judges, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Parent Time, Parental Alienation, Parental Fitness, Parenting Plan, Personality Disorders, Physical Custody, Sexual Abuse, Utah Code, Utah Court Rules, Women's Divorce Issues

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Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the judge can interview children free of charge? This post is…

Believing Judges Interviewing Children Harms Children Rests on False Premises

This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody cases when the judge could simply interview the children instead.…

Does having the judge interview the children traumatize the children?

December 23, 2020

Divorce Utah

Abuse, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Divorce, Divorce Attorneys, Divorce Causes, Divorce Mistakes, Emotional abuse, Family Law, Fathers' Divorce Issues, Firing a Divorce Lawyer, GAL (Guardian ad Litem), Judges, Justice and Equity, Juvenile Court, Legal Custody, Legal System, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Physical Custody, Preparing for Divorce, Utah Code, Utah Law, Utah Supreme Court Decisions

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Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

2019 UT App 207 – THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

What are the rights and responsibilities of a “Guardian ad Litem”?

June 21, 2019

Divorce Utah

Children in Divorce, GAL (Guardian ad Litem)

"Guardian ad Litem"? Utah Code § 30-3-11.2, 2000 UT App 216, 2001 UT 33, 24 P.3d 936, 6 P.3d 1137, appointment of counsel for child, Judicial Administration Rule 4-906 GUARDIAN AD LITEM PROGRAM, Parenting plan--Filing--Modifications, Rule 3.7. LAWYER AS WITNESS, Rules of Professional Conduct, State ex rel. A.D., State v. Harrison, Utah Code § 30-3-10.8, Utah Rules of Civil Procedure Rule 17

Role of guardian ad litem Utah Code § 30-3-11.2. Appointment of counsel for child “If, in any action before any court of this state involving the custody or support of a child, it shall appear in the best interests of…

2019 UT App 81 – In re A.R. – permanent custody and guardianship

2019 UT App 81 – In re A.R. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.R., R.R., AND V.R., PERSONS UNDER EIGHTEEN YEARS OF AGE. E.R., Appellant, STATE OF UTAH, Appellee. Per Curiam Opinion No.…

K.P.S. v. E.J.P. – 2018 UT App 5 – Utah Court of Appeals – January 5, 2018

January 16, 2018

Divorce Utah

Appeal, Child Custody, Children in Divorce, Custody, Divorce Mistakes, Divorce Procedure, Evidence, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Procedure and Evidence, Utah Court of Appeals Decisions, Women's Divorce Issues

2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul G. Maughan No. 034906783 Virginia L. Sudbury and Alison Satterlee,…

How can I call my 10-year-old as a witness to say where she would like to live?

QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your question. Do you really want your child to testify as…

Defending Yourself Against a Protective Order

My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with all he has because: (regardless of how much the legal…

In re K.T. 2017 UT 44 (August 8, 2017) – standard of proof – child abuse

August 11, 2017

Divorce Utah

Child Abuse, Domestic Violence, GAL (Guardian ad Litem), Juvenile Court, Parental Rights, Procedure and Evidence

This opinion is subject to revision before final publication in the Pacific Reporter In re K.T. 2017 UT 44 (August 8, 2017) IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, In the interest of K.T., C.T.,…

Am I allowed to ask for my social workers’ qualifications or expertise?

June 17, 2017

Divorce Utah

Child Custody, Child Support, Children in Divorce, Divorce Law, Divorce Procedure, GAL (Guardian ad Litem)

Am I allowed to ask for my social workers’ qualifications or expertise? In the State of Utah, absolutely. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Am-I-allowed-to-ask-for-my-social-workers-qualifications-or-expertise