When you are involved in a divorce, custody dispute, or protective order court case, the desire to talk about it can be strong. You may want advice, validation, or simply…
In a Utah custody case, your conduct is not limited to what happens in your home—it extends to what you choose to share online. Social media is not personal or…
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…
Veterans often believe their VA disability pay is “untouchable” in divorce. Not exactly. While it cannot be divided as property, courts routinely treat it as income for alimony. Learn how…
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…
In most areas of litigation, original testimony is preserved. Depositions are recorded. Hearings are transcribed. Statements given in investigative settings are documented. Context is retained because meaning does not reside…
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,…
“Better safe than sorry.” Few phrases sound more humane. In the context of domestic violence, it feels morally unassailable. Why wouldn’t we err on the side of safety? Whatever it…
Reese v. Reese - 2026 UT App 31 THE UTAH COURT OF APPEALS MAKAIBREE MARIE REESE,Appellee,v.KYLAN REESE,Appellant. Opinion No. 20240830-CA Filed March 5, 2026 Third District Court, Salt Lake Department…
Utah’s protective order system was not designed to punish innocent people. It was designed to prevent violence. That distinction matters. Over time, the framework has developed a structural imbalance. The…
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…
When the interviews that shape custody decisions remain inside a black box, the court is asked to trust what it cannot independently verify. In Utah child custody disputes, custody evaluations…
If you are stationed at Hill Air Force Base and facing divorce, do not assume your case is “standard.” It isn’t. Military status layers federal law on top of Utah…
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.…
When a marriage is in serious trouble, many people assume the only decisive move is to file for divorce. Sometimes that’s true. But oftentimes it isn’t. Utah law provides another…
Utah divorce law is statutory. Judges don’t invent custody standards or alimony rules on a whim. They apply what the Legislature has enacted. But statutes do not apply themselves. Judges…
People who hire a lawyer tend to assume one of two extremes. Either: “I hired the lawyer, so the lawyer does what I say.” Or: “The lawyer is the professional,…
Bahsoun v. Mooney - 2026 UT App 18 2026 UT App 18 THE UTAH COURT OF APPEALS MAZEN BAHSOUN,Appellee, v. COLLEEN ELIZABETH MOONEY, Appellant. Per Curiam OpinionNo. 20251317-CA Filed February…
In court, neither a party nor one of that party’s witnesses can simply claim to repeat what someone else said and expect the judge to treat it as proof. As…
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…
The "Rules for Thee, But Not for Me" Phenomenon The legal system is built on procedure. For an attorney, failing to file a motion on time or improperly authenticating a…
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 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…
Every year, I watch people bring “important” documents to court that the judge will never read. Emails. Text messages. Financial records. Therapist letters. Receipts. Recordings. Sometimes the most important material…
In discussions about protective orders and alleged domestic violence, I often hear a familiar refrain: “Protective orders should be granted liberally even when the question comes down to one person’s…
I. The Founding TraumaIn the Meadow, everyone agreed on one thing: voices were dangerous.It hadn’t always been so. Long ago, animals spoke plainly. Some spoke well, somepoorly, some too much.…
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 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…
When Courts Hear About Children Instead of Hearing From Them In Utah child-custody and parent-time disputes, motions to appoint a Private Guardian ad Litem (PGAL) and/or a custody evaluator have…
Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…
2025 UT App 188 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, v. KASSIE ANGEL TOLMAN, Appellant. Opinion No. 20230006-CA Filed December 18, 2025 First District Court, Logan DepartmentThe Honorable Angela FonnesbeckNo. 191100466 Lyla Mahmoud, Debra…
There’s a persistent belief in the divorce and custody world that the “right” divorce and child custody lawyer can work miracles. That if you hire someone clever enough, aggressive enough,…
Utah law allows a child to be represented by an attorney—either a guardian ad litem (GAL) when there are allegations of child abuse, or by a private guardian ad litem…
A candid, experience-based guide for parents who need the truth without varnish or theatrics. Not every case involves manipulation. Not every professional fails. But when these problems occur—and they do—the…
This is not unusual: a spouse suddenly “doesn’t own anything,” yet somehow pays the taxes, insurance, maintenance, or mortgage on a house that’s titled in Mom’s name. Or money gets…
If you have spent any time searching for information about alimony, you already know the truth: most people hate the idea of paying it, most people love the idea of…
People often assume that once their ex remarries, financial obligations from the divorce automatically shrink or disappear. It’s not that simple. In short: when it comes to the effects on child…
The short answer: No — you have hope, but you have work to do. Utah custody law has changed significantly in past generation, but the core principles are the same:…
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…
When Utah courts face high-conflict custody disputes, one common suggestion is to appoint what is known as a Private Guardian ad Litem (PGAL)—an attorney ostensibly tasked with “representing the best interests of…
People often come into court thinking they can game or “outsmart the system.” They’ve read something online, talked to a friend who claims to have “pulled one over on the…
Utah courts are tasked with making custody and parent-time decisions based on the best interest of the child. But you cannot know what schedule truly serves a child’s best interest if…
In Utah divorces, casting your spouse as the villain without proof can wreck your credibility and your custody case. Self-reflection and evidence—not drama—win the day. Divorce brings out strong emotions.…