Judge rules on custody amid serious abuse allegations

November 07, 2024 | Utah District Court Collection, Utah Family Law District Court Collection, Utah District Courts, Utah Judicial Branch, Utah


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Judge rules on custody amid serious abuse allegations
In a recent court hearing, Judge Evershed addressed serious concerns regarding the custody arrangements involving Mr. Conger and his behavior towards minors, particularly his stepdaughter Alyssa and a 19-year-old resident, Nicolette. The judge emphasized the potential for immediate and irreparable harm stemming from Mr. Conger's actions, which included inappropriate physical contact described as \"spooning\" while watching movies.

The court's deliberation centered on Rule 106 of the Utah Rules of Civil Procedure, which allows for temporary modifications of custody to protect the best interests of the child. Judge Evershed noted that testimony from a previous hearing indicated a risk of abuse, with concerns raised about Mr. Conger's behavior being deemed inappropriate by societal standards. The judge expressed astonishment that such behavior could be considered acceptable, highlighting the disconnect between Mr. Conger's perception and societal norms regarding adult interactions with minors.

Despite the separation of Mr. Conger from Alyssa, the judge found that the risk of harm had not been sufficiently mitigated, as Mr. Conger and his wife appeared to lack awareness of the implications of his actions. The judge pointed out that without intervention or education on appropriate boundaries, Mr. Conger's behavior could continue, potentially leading to criminal charges under Utah law, including lewdness and sexual abuse of a minor.

The court's findings underscore the critical need for protective measures in custody cases where there are allegations of inappropriate behavior, emphasizing the importance of safeguarding children's welfare in family law proceedings.

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