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David R. Hartwig, Esq.
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Going to court negatively impacts the children, Right?

Going to court negatively impacts the children, Right?

I participate in a number of the online legal question and answer forums I often see that claim. But, it is always preceded by allegations that the other parent is not allowing visits, won't let the parent have time with the child, breaks his or her agreements to allow a visit, or demands that all schedules and agreement must be his or her way -- all without going to court.

Let me be blunt. The only way parents going to court for assistance in establishing custody and parent-time orders impacts a child is if one, or both, of the parents put that child in the middle and involve the child in the case. If both parents are doing what is best for the child, then the child will not even know that there is a court case, because that case is between the adults.

So, going to court to obtain orders concerning custody and parent-time should not directly impact the children. Any impact the child would be passive by way of having parents who love the child and allow the child to openly love each parent -- that can only be a positive impact.

Plus, going to court will provide a set, consistent, and predictable schedule for parent-time. A schedule that the parents and the child can count on, and look forward to with happiness and anticipation.

So, if the other parent is already causing problems by denying access, limiting parent-time, or playing games with dates and time, that parent is already putting the child in the middle and causing the child harm by way of depriving the child time with the other parent. In those situations, the one parent needs to be an adult and take the situation to court to obtain appropriate orders, including orders to keep the child out of the case. And, I bet that it will be the offending parent who then cries that going to court will "negatively impact the child"!

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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.


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