guardian ad litem Archives

Lyndsey: Week Seven of Being a Legal Assistant

September 2, 2022

Growing up I read in books, heard people talk about, and saw in movies where children went to court when their parents were getting divorced, and they got to tell the court what parent or parents they wanted to live…

Is appointing a guardian ad litem helpful in custody cases?

Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah, where I practice divorce and family law. Each jurisdiction will…

I’ve never seen a GAL or custody evaluator add value equal to the fees they charge

I’ve never seen a GAL or custody evaluator add value equal to the fees they charge This post is the fourteenth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs”…

GAL recommendations are nowhere close to being the best way

GAL recommendations are nowhere close to being the best way to determining the child’s best interest. This post is the thirteenth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs”…

How useful are a GAL’s or custody evaluator’s recommendations?

How useful are a GAL’s or custody evaluator’s recommendations? This post is the twelfth 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…

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

24 years, appointed, arguments, children, compelling, court-sponsored hearsay, court's record, custody evaluator, debate, free of charge, GAL, guardian ad litem, inherently traumatic, interview, interview children directly, judge, lack merit, private guardian ad litem, puts them in the middle, qualified, second hand, spend, tens of thousands, third hand, thousands, valid

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

§ 30-3-10(5), $10, $3, 000, better, child abuse, child witness, children, custody evaluator, different, effectively, free of charge, functionally, GAL, guardian ad litem, hearsay, interview, judge, LCSW, less time, mental health professional, on the record, parents, Psychologist, second hand information, skilled, spending, thousands, trauma, traumatize, Utah code, Utah Legislature

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…

What are common Latin legal terms used in divorce and family law?

What are common Latin legal terms used in divorce and family law? While the use of Latin terms and phrases in the family law is decreasing, there are still many that are not only used but used routinely. Knowing their…

Why Won’t Judges and Commissioners Interview Children?

July 7, 2020

Divorce Utah

Child Custody, Custody, Domestic Relations Commissioners, Judges, Utah Code

child interviews, commissioners interviewing children, GAL, guardian ad litem, judges interviewing children, Utah Code § 30-3-10(5)(b)(i)

I recently participated in a hearing before a domestic relations commissioner in which the commissioner refused to interview a child and ordered a guardian ad litem (GAL) appointed, even though 1) the commissioner had the exact same child interview training…

What does a judge ask a child in a custody case?

In Utah (where I practice divorce and child custody law) the answer is: it’s almost impossible to say. Why? For reasons that I assert I can demonstrate are not highly rational*, the majority of judges are extremely reluctant to question…

In re G.J.P. – 2020 UT 4 – UTAH SUPREME COURT

February 13, 2020

Divorce Utah

Juvenile Court, Parental Rights, Termination of Parental Rights, Uncategorized, Utah Court of Appeals Decisions, Utah Law

appointment, guardian ad litem, juvenile court, Office of Public Guardian, OPG, parental rights, termination

This opinion is subject to revision before final publication in the Pacific Reporter In re G.J.P. – 2020 UT 4 – IN THE SUPREME COURT OF THE STATE OF UTAH OFFICE OF PUBLIC GUARDIAN, Petitioner, v. The HONORABLE JUDGE JULIE…

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…

Tag: guardian ad litem