The Utah Court of Appeals has again addressed this issue, in a new case, Kielkowski v. Kielkowski http://scholar.google.com/scholar_case?case=14449128863980745795&hl=en&as_sdt=6&as_vis=1&oi=scholarr, or...
Month: August 2016
Many people in Utah create trusts to control property or avoid probate. Sometimes people create a family trust. However, sometimes people fail to fund or use their trusts correctly. A recent Utah Supreme Court case appears to require the joinder of...
Grandparents Rights to Visitation Grandparents visitation: Grandparents have a right to petition a district court to request visitation with grandchildren; or, they can join a pending divorce, or other court case that involves custody and visitation with...
High conflict divorce and family law cases High-conflict cases arise in matters where one parent asserts a "right" to certain privileges without regard to the court orders, and usually that one parent is, or perhaps both are, seeking to control the...
CUSTODY, PARENT-TIME, and VISITATION: Utah has been moving away from the emotive words "custody" and "visitation". Instead the courts and statues use the general term "parent-time" to discuss both custody and visitation. "CUSTODY:" (Custody) While...
I am David R. Hartwig, Esq., a Salt Lake City attorney with extensive experience helping parents resolve simple or high-conflict custody issues reaching arrangements that work for children and parents. Child custody involves parent-time and visitation schedules, and can affect support. I help in all of these areas, providing comprehensive service clients need to achieve their custody goals.
Factors In Child Custody Decisions
As an experienced Utah child custody lawyer, I understand that custody cases may become a contentious issue even years after an order is finalized. The trend in Utah toward joint custody often creates messy, unworkable situations, which ultimately lead to enforcement issues when parents do not abide by their custody orders.
The best interests of the child must be considered, including:
• Whether joint legal or physical custody will benefit the child’s physical, psychological and emotional needs, or the child’s development
• The parents’ ability to give first priority to the child’s welfare, and reach shared decisions in the child’s best interest
• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent
• Whether both parents participated in raising the child before the divorce
• The distance between the parents’ homes
• The parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents
• The parents’ ability to cooperate with each other and make decisions jointly
• Any history of, or potential for, child abuse, spouse abuse, or kidnapping
• Any other factors the court finds relevant
Despite the complicated and sensitive nature of custody matters, I have helped many clients successfully establish custody orders.
Get Help With Your Child Custody Issue
If you have a child custody issue, please contact me, David R. Hartwig, Esq. I am an experienced Salt Lake City custody lawyer dedicated to helping clients resolve complex custody issues and implement necessary custody orders. For high-conflict cases, I am also one of the few Utah child custody modification attorneys trained as a Special Master for ongoing dispute resolution.