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...
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...
Custody disputes can be nasty, really nasty. Be it in a divorce, a paternity action, or a subsequent action to modify prior custody orders, allegations can fly back and forth, and parents can bring up the nastiest allegations and claims. The other side will fling all...
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...
The Utah Court of Appeals has issued another decision supporting the denial of a motion to dismiss a protective order. The case is Card v. Card, and reviews the entire process involved in an attempt to dismiss a protective order, the various factual requirements...
It is still amazing how divorced parents with shared custody can always seem to fixate on the past, the perceived wrongs they endured on issues surrounding the children.But, do understand that if you are always looking backwards to the past you will miss what is in...
High conflict divorce and family law cases High-conflict cases arise in matters where one parent asserts a "right" to certain privileges without regard to the court orders, and usually that one parent is, or perhaps both are, seeking to control the...
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.
