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...
On June 21, 2017, the Advisory Committee on Professional Ethics, Committee on Attorney Advertising, and Committee on the Unauthorized Practice of Law issued a Joint Opinion (ACPE Opinion 732, CAA Opinion 44, UPL Opinion 54) stating that the legal service program...
By: May 18, 2017When you are looking at, or preparing a prenuptial agreement, or a postnuptial agreement do you and the other person really need your own independent attorneys? Isn't is okay to just use the husband's, or wife's, attorney...
Mistakes in your divorce and other family law cases can significantly impact your divorce settlement, child custody orders and other issues involved in your case. That is why it is important to work with an experienced lawyer who will protect your rights and guide you...
Military divorces differ from a civilian divorce, especially when it comes to dividing retirements, property and assets. Understanding the way retirement and other assets are divided during divorce can help you better prepare for the future. The impact of the...
Divorce is never an easy decision, especially if you have been married for several years or decades, and you are getting into the "gray" time of life. Questions exist, such as: Where will you live? What will happen to your retirement savings? Will you be able to stay...
Notice that "strategy" in divorce is first; that is because simple aggression in a divorce matter, or in any family law matter is not good. If you really want to burn your spouse, or ex-spouse, because they cheated on you, or some other perceived wrong, then you will...
t still amazes me how many requests for help I read on the various services where people say they need help with this or that issue, which they never addressed in the original divorce case. Things like custody, visitation, support, property, debts, and the like, all...
I've already written about being careful what you post on social media. But you also need to be careful what you post on any of the various legal opinion sites. It is amazing some the the admissions people make on the various legal opinion sites. I've seen admissions...
If you are thinking about a divorce, or going through one, you need to be careful with what you do and say online. More than one-third of divorce attorneys rely heavily on social media for evidence in divorce cases, according to the American Academy of Matrimonial...
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.
