Military divorces differ from a civilian divorce, especially when it comes to dividing retirements, property and assets. Understanding the way retirement and other assets are divided during divorce can help you better prepare for the future.The impact of the Uniformed...
Month: March 2017
If you are reading this, then you know that a Special Master can be used in situations where there is high-conflict in a divorce or custody case; or after the case, if the conflict continues or worsens. But, how do you find a Special Master.Currently, in Utah, there...
During, and after, a divorce there is often conflict - a great deal of conflict. The conflict often involve the rights of parents in relation to the children: custody disputes, parent-time (visitation) conflicts; and, parenting styles or roles. The children are...
A new opinion discussing divorce and allocating a family trust has been released by the Utah Court of Appeals. The case involved a family trust created by husband and wife during their marriage. The trust purported to claim that any account, asset, or other item...
The Utah Court of Appeals has issued a new decision concerning the award of a premarital business interest that substantially appreciated in value during a twenty year marriage in a divorce. The husband held premarital business interests, the value of which...
During, and after, a divorce terrible things can be said, posted, blogged, or otherwise made public by one party about the other. This happens, and it happens often; and, it can be very hurtful and damaging.The very best thing to do is your mother's old adage, "If you...
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.