You have heard the phrase contested divorce. It points out a salient fact: that in dissolving a marriage, you have to split up everything - the money you saved, the home you made together, even the children you brought into the world.By its nature, divorce is not...
Month: August 2017
The Utah Court of Appeals issued a decision addressing whether a trial court can establish a proximity requirement for having the parties live within a given distance of each other; the concept of equalization and incomes in determining alimony; and, in the award of...
The Utah Court of Appeals issued a decision concerning this issue and addressed what constitutes a new income stream to justify a substantial change in circumstances to allow for a modification of alimony. The issue surrounded the sale of property which was awarded to...
The Utah Court of Appeals issued a decision discussing the application of Utah's Homestead Exemption in a divorce action dividing property, reaffirming that such does not apply in an action between a husband and wife. The Court of Appeals affirmed the trial court's...
The Utah Court of Appeals issued a new decision on this alimony issue. The main issue was that of the pre-divorce standard of living and the concept of equalization of the post-divorce standards of living rather than just going on the recipient's needs. The trial...
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.