Tips on Custody

If you are reading this blog then most likely you are grasping for at least one of the following: 1) an understanding of how custody works; 2) is this uniform everywhere; 3) how should you approach your own custody case; 4) what is the next step.
I am a family law attorney in Utah and my practice is almost all centered around custody cases. In conjunction with my law practice, Cragun Law Firm, P.C., I own a supervised visitation center (Utah Custody.com, LLC) which monitors, supervises and otherwise facilitates interaction between parents and their children. I am currently on the Executive Committee of the Family Section of the Utah Bar Association. If you want to see more of my curriculum vitae feel free to visit my law practice website at www.utah-lawfirm.com. I tell you the foregoing so you’ll understand geographically where my experience comes from, that I am speaking from lots of hands on experience and that you’ll take everything I say with a grain of salt until you’ve spokent to an attorney in your state.
First, don’t construe this as legal advice as I’m not your attorney.
Second, let’s start at the top. What is custody? My definition of custody may differ from yours. I think at the end of the day custody is broken into two parts: physical custody means where is the minor child spending time and legal custody who is making the moderate and major decisions regarding the child's welfare (i.e. picking doctors, schools, etc....).
Third, does the foregoing apply in your specific state. The short answer is: I don’t know. The general principles appear to translate across state lines in most cases. However, a gentle reminder is there are resources for your state that will guide you through the process (see the Custody Tutor homepage and click on the link). After you are done researching - I can’t over emphasize - consult a dang good FAMILY LAW/CUSTODY attorney; unless of course you would use your family doctor for brain surgery then I guess maybe you’ll go find a general practitioner - regardless of what a terrible choice that is! If you would use a plumber to fix your electrical problem, because they both work on houses, then disregard the rest of this article - the common sense will overload you! A solid family law attorney that regularly practices custody is worth their weight in gold (and that is what they'll most likely charge).
Fourth, is how should you approach your own custody case. The big warning here is the word “should.” Talk to an attorney to get legal advice but here is my opinion on the matter. FOLLOWING UP ON THIS BLOG WILL FOLLOW IN THE NEXT FEW DAYS! STAY TUNED!

Romingerlegal.com - resource

I think one of the most under utilized websites is www.romingerlegal.com. It is a great resource when searching the law or for legal related resources in any state or area of the United States. It is easy to navigate and I highly recommend it to anyone. It doesn't have parent-time software or other information like www.utahcustody.com but does direct you toward hard law and has lots of links. Does anyone know of any other websites that are very basic but content full like it? Let me know.

Divorce360

I found another website that I think is set up incredibly well. In visiting www.divorce360.com I was very impressed with the layout and the intuitive way it guided me. I highly recommend giving it a visit. Let me know if anyone sees a comparable website. i will be tweaking my www.utahcustody.com website and would like some feedback if you get a chance.

Contractually binding the other party

Having handled thousands of divorce, paternity actions and other such cases I have come to realize just how important legally binding the other party with no open ended loopholes. For example: parties agree that "the marital home has to be sold and divide the equity" and that is the language. It leaves to us attorneys every imaginable loophole for arguing: nobody said when it was sold by or what happens next, who picks the price, who picks the realtor, if doesn't sell then who adjusts the price, what if one party improved home during this period should they be reimbursed the fix up costs, and on and on.

Imagine the damage a decent attorney could do if that was the extent of the language when dealing with custody, parent-time and other such issues. If you can't stand to stay together that is a good indicator that you have different ideas that, if not present now, will be when each gets a new spouse or significant other. Whether it is setting up a system for discussing medical bills or health care concerns to how to decide who gets to claim Junior for taxes. This is the perfect storm when it comes to assuming; you truly will make an a_ _ out of you and me by doing this. Like my father always said when I worked with him: "ANTICIPATE." Yet one more reason to have the best evidence for communication in your Decree of Divorce be ordered through www.utahcustody.com so these issues get cleared up and the TimeSwap feature can contractually bind you to any little add ons you agree to as times and circumstances change. Good luck.

Check out www.utahcustody.com's parent-time software

It's time to ratchet up my blogging now the beta testing is done on my www.utahcustody.com website. Don't be fooled by the name Utah; as the software portion is applicable anywhere in the world. The software is free for the basic version and tracks parent-time, conversations between the parties and because it is based on existing orders or principles of contract law should be useful anywhere. The software is wonderful because it helps shine a light on those conversations that normally taken place behind closed doors and end in a he said-she said battle. Check it out and let me know! Post your feedback to me. It is the only way we will be able to improve the software experience. You can also check out my curriculum vitae at www.utah-lawfirm.com which is my professional legal website. d