Is Mediation Privileged? Despite Utah statute (§78B-10-104, Utah Code) claiming “mediation communication is privileged … and is not subject to discovery or admissible in evidence in a proceeding…”, at least one commissioner and a couple of judges disagree. The case...
Okay, so your spouse or partner shows a pattern of self-centered, arrogant thinking and behavior; a lack of empathy and consideration for other people; and, an excessive need for admiration or, in other words: is cocky, manipulative, selfish, patronizing, and...
In a recent Ethics Advisory Opinion. Opinion #17-05, the Utah State Bar Ethics Advisory Opinion Committee determined that the apparent structure of Avvo Legal Services is unethical, violating a number of the Bar's rules. While not naming Avvo, or any other service,...
Joint Custody is all the rage today. And parenting plans abound. But do you really know what they say, and understand how to avoid conflict? The idea sounds simple. Sure both parents will share custody. But what does that mean, and what happens when there is conflict?...
Divorce is done; Custody is awarded; but the other side keeps on bad-mouthing you. Yes, it happens! Your divorce case is completed, or custody orders are in place, but the other side keeps telling your relatives, your friends, even your employer and anyone else who...
Just last week the Utah State Bar held its 2017 Annual Family Law Seminar, which included a presentation on special masters, including the recommended training. The recommendations included membership with AFCC (Association of Family and Conciliatory Courts); training...
You might have heard about divorce counsellors, divorce coaches, and the like. But what do they do, and are they for you. A lot of times, those people are social workers, family counselors, or psychologists. They work with you to handle the stress involved in your...
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...
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...
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...
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.
