The Virginia case of McGrath v. Dockendorf, ruled that a man may recover an engagement ring following a break off of the engagement. Virginia did have the policy that the engagement ring could be returned under the common law of conditional gifts. However this case...
Month: December 2016
If you are thinking about a divorce, or going through one, you need to be careful with what you do and say online. More than one-third of divorce attorneys rely heavily on social media for evidence in divorce cases, according to the American Academy of Matrimonial...
In two decisions, the Utah Supreme Court has opened this discussion on a wider basis. The two cases are In re K.A.S. and, In re E.K.SK.A.S. involved claims of ineffective assistance of counsel, and violations of Constitutional rights created by a denial of counsel. It...
Your divorce started out amicably, or so you thought. But you're starting to feel concerned about your financial situation. Perhaps your spouse has started to spend more money, there are unexplained purchases or your combined income has started to drop for no apparent...
The Utah Court of Appeals has issued another decision supporting the denial of a motion to dismiss a protective order. The case is Card v. Card, and reviews the entire process involved in an attempt to dismiss a protective order, the various factual requirements...
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.