David R. Hartwig, ESQ.
Attorney & Counselor At Law
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September 2016 Archives

Statutory Joint Custody in Divorce and Paternity.

I've been reading quite a number of posts on various family law or divorce groups calling for state or federal statutory joint-legal custody mandate, containing provisions very similar to full equal time with the children for both parents. Those claims have been touted variously as: recognition of father's rights, equal protection under the law, fantastic steps forward, recognition that our divorce system is broken, and a panoply of cures for all that ails children in divorce.

Fathers' Rights in Divorce/Paternity in Utah

What are Fathers' Rights in Divorce or Paternity in Utah? The Utah Supreme Court says that, if all things are equal, there is no preference for the mother. But from my experience, the courts often seem to not make all things equal. So, you have more of an uphill battle if you want to fight for anything like equal custody. Custody and Parent-time

Be Proactive - during your divorce and afterward.

Many people contact me to learn about options in divorce (or after), and receive answers to their "what if's", but then don't want to pursue the matter. Such things as knowing that there are problems with visitation (Changing visitation), child support (Changing Support), or custody, and you know that the other side is complaining, or making threats about the problem.

Divorce Communications - returning your calls and emails.

In divorces, paternity, and other family law cases, I regularly hear from clients, or potential clients seeking a second opinion, tales of how difficult it is to communicate with their prior attorneys. This can be as simple as not having calls or emails returned, all that way to the prior counsel refusing to answer questions, or even submit a billing statement to justify the charges, or to show how the retainer fee was used. I have even seen recent email conversations about how some attorneys use the old five-days to respond to a letter rule now.
I do not understand that. I do not understand those problems. When I work for you, I am doing just that -- working for you. So I always endeavor to respond to any telephone message, or email, within one business day. That's at the most. And, I almost always accomplish that goal. About me.
But, on the other side of the coin, I am not at any one client's beck-and-call 24/7/365. I do have other clients, as well as families and outside interests. So yes, there may be times that you call and I cannot talk to you right then. But, you can leave a message, and you will, almost always, receive a response within one business day.
And, you will receive a monthly billing statement, providing details of all work, and charges, incurred during the prior month -- regularly and monthly.

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