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Posts tagged "custody"

Halloween and parent-time - who gets the child, and how long?

The fall is upon us, yet again. Halloween is approaching and separated, divorce, or unmarried parents want to know who will have their children for the holiday, and for how long. Halloween is not necessarily a "legal" holiday, so there may well be questions about how that day is handled. What you need to look at is your decree of divorce, or custody orders, to see what it says. In Utah, there are statutes that address visitation, or parent-time; and, those statutes do state what holidays are considered and how they are handled. And, Utah does recognize Halloween as a holiday for purposes of parent-time. The pertinent Utah statutes are 30-3-35, 30-3-35.1, and 30-3-35.5. But, be aware. Your decree or custody order may take precedence over statute; it could give additional holiday time, or take it away. So, look to your divorce decree, paternity orders, or custody orders to see what it says first. If you have any doubts, or questions, get together with an experienced family law attorney to review your papers, and help you learn now exactly what your rights are, rather than waiting until Halloween.

Statutory Joint Custody in Divorce and Paternity.

I've been reading quite a number of posts on various family law or divorce groups calling for state or federal statutory joint-legal custody mandate, containing provisions very similar to full equal time with the children for both parents. Those claims have been touted variously as: recognition of father's rights, equal protection under the law, fantastic steps forward, recognition that our divorce system is broken, and a panoply of cures for all that ails children in divorce.

Fathers' Rights in Divorce/Paternity in Utah

What are Fathers' Rights in Divorce or Paternity in Utah? The Utah Supreme Court says that, if all things are equal, there is no preference for the mother. But from my experience, the courts often seem to not make all things equal. So, you have more of an uphill battle if you want to fight for anything like equal custody. Custody and Parent-time

Be Proactive - during your divorce and afterward.

Many people contact me to learn about options in divorce (or after), and receive answers to their "what if's", but then don't want to pursue the matter. Such things as knowing that there are problems with visitation (Changing visitation), child support (Changing Support), or custody, and you know that the other side is complaining, or making threats about the problem.

Paternity actions when a child is born to a mother who is married to someone else.

The Utah Court of Appeals has again addressed this issue, in a new case, Kielkowski v. Kielkowski http://scholar.google.com/scholar_case?case=14449128863980745795&hl=en&as_sdt=6&as_vis=1&oi=scholarr, or http://law.justia.com/cases/utah/court-of-appeals-published/2015/20130225-ca.html)

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.


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