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...
If your future former-spouse has a retirement plan, or a number of those plans, through an employer you are probably entitled so some portion of the plan or plans (usually a share depending on the lengths of marriage in relation to length of employment). How you...
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,...
In a new case, the Utah Court of Appeals affirmed the termination of an alimony obligation upon retirement. In the original decree, wife agreement to pay alimony to husband under the usual standards for termination. However, the agreement did include language about...
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...
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...
The Utah Court of Appeals issued a new decision addressing the requirements that must be demonstrated at trial, and reduced to findings by the court, in order for alimony to be properly awarded. The case is Chesley v. Chesley, and the main problem appeared that...
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.
