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Hildebrand Law
Arizona Divorce Attorneys and Family Lawyers based in Scottsdale & Phoenix
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How does child support work with joint custody?
As a child support lawyer can tell you, state laws dictate child support terms. The final determination made by the court is based on a number of variables, including how much time each parent spends with the child. When they spend roughly the same amount of time with their child; this is referred to as joint physical custody. However, joint physical custody does not mean that child support isn’t paid by one parent to the other for the care of their child. For an in-depth understanding of what you can anticipate with regard to child support in your case, contact a child custody attorney Phoenix AZ residents trust. The earlier you call the better, as we can represent you and your child’s best interests throughout the process. We may also be able to help you work out an agreement with the other parent without having to take it to court.
Every state’s laws vary when it comes to child support. A child support lawyer can review how your state’s laws affect your circumstances. Here is an overview of some of the variables that a judge will likely consider when ruling on child support issues:
The Income Shares Model
Whether or not child support is paid, and the amount of the payments, is calculated as a percentage of the both parents’ combined income. Not every state uses this model, but if yours does then a child support lawyer from our firm can examine your financial situation to offer an estimation of what you might expect. As an example, if you earn $50,000 annually and the other parent earns $100,000 annually, your combined income is $150,000. Using the income shares model, you earn 33% of the combined income and therefore would be responsible for 33% of your child’s expenses. The other parent would be responsible for 67% of your child’s expenses.
Joint Physical Custody
Each state views the definition of joint physical custody somewhat differently from other states. When you work with a child support lawyer, they can explain how the laws will affect your case. Generally speaking, overnight stays are just as important in the eyes of the court as visitation during the day. Though you may see your child every day, if they do not have their own bedroom in your house and sleep overnight in it just as often as they sleep at their other parent’s house, your arrangement may not be considered as true joint physical custody. It’s important to have a clear understanding of the court’s expectations as well as your true custody arrangement as it currently stands. A child support lawyer can help you with this, as well as offer legal guidance to protect you and your child’s best interests. Ultimately, the needs of the child will and should come first, and the court is expected to uphold that standard.
When You Need the Guidance of a Skilled Child Support Lawyer
Child support issues can be fraught with emotion, stress, and confusion. A skilled legal team understands the challenges of working out financial issues with a former partner or spouse. Call an attorney today to start fighting for your rights.
Thank you to our authors at Hildebrand Law for the above information on child support.
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Recovering from Divorce
Multiple surveys have been done that reveal many people stay in unhappy marriages instead of leaving. People give a variety of reasons why they stay. Some stay together because they think it is better for their children. Others stay together because they hope it will eventually work out. And there are others who are afraid that if they leave they might regret the decision later on.
The most common reason people give for staying in an unhappy marriage is that they do not have the courage to leave. That is very understandable, because a divorce can be an overwhelming step. But the majority of people who do make the decision to leave their spouse do not regret the decision once time and distance has had a chance to set in.
Going through divorce can be a very emotional process, even if you’re the one who wants the divorce. There are a gamut of feelings you may go through – anger, sadness, and grief. A family therapist has put together a list of steps that will help “recover” from divorce – just like other twelve step programs for recovery.
1. The first step of recovering from a divorce is to realize and admit that it is not within your power to save your marriage. It truly is over.
2. Leave the marriage. In order for a person to regain control over their own life and future is to finally make that break.
3. Find divorce lawyers Phoenix AZ residents trust to represent you and begin the legal process. This step reaffirms that you have done your best to work things out, but could not salvage the marriage.
4. Create an inventory of what you want to walk away from the marriage with. This list should include child custody, property, assets, household items, etc. Everything you and your spouse have acquired during the marriage.
5. It is important to own your responsibility to the breakup of the marriage. Share it with your spouse. Also share it with your therapist. Most importantly, make sure you admit it to yourself.
6. Prepare yourself for single parenting.
7. Although single parenting is hard, it is important to remind yourself that it is better for children to see their parents apart but happy instead of together but miserable.
8. Explain to the children what is happening. Ideally, this should be done by both parents together. Stress to the children how much both their parents love them and none of this is their fault.
9. Parents should try not to “overcompensate” to children because their parents are no longer living together.
10. No matter how exhausting it may seem to be responsible for doing it all alone, remember that you are on your way to a new life and how much happier you are going to be.
11. Make sure to find a good therapist you can work with. Learn to recognize where you made mistakes in the marriage so you do not repeat them.
12. Help others who are going through a divorce and share what you’ve learned and support them with their “recovery.”
Thank you to our authors from Hildebrand Law for the above information.
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If I’m not a blood relative, can I get child custody?
Though gaining custody of a non-blood related child is unusual, it is not unheard of, nor is it impossible. If you are considering seeking custody of a child who is not your child by birth or adoption, a child custody lawyer from Hildebrand Law may be able to assist you. At Hildebrand Law we have handled a variety of child custody cases, some of which were quite complex. The following information may be instructive to you though we encourage you to schedule a free consultation with one of our child custody lawyers. Every case is unique and so the following overview may not apply in your situation. Call us today to find out more.
Prove No Harm
When it comes to child custody, the court is mandated to consider the best interests in the child. In theory, this means that there are no exceptions and that even a biological parent cannot get custody if they are likely to harm the child in some way. Regardless of your reasons for wanting to have custody of the child, whether it’s in conjunction with the biological parent or parents or instead of them, you must prove you will not harm the child. There are various ways of doing this which your child custody lawyer can discuss with you. It might necessitate including personal reference testimony, job history, the submittal of financial records, and a criminal or background check. Each situation is different and thus may require a unique approach on a case-by-case basis.
Filing for Custody of a Child That Is Not Biologically Yours
The procedures and options for filing for custody of a non-biological child vary by state. A child custody lawyer Phoenix AZ residents trust can explain how they apply and how they may pertain to your circumstances. In most situations there are two different ways to file:
1. Consent guardianship. In this scenario, the child’s biological parents must give you written permission to gain custody. Though they may grant you guardianship, they can revoke their permission at any time. In addition, if one of the two biological parents refuses to give you guardianship over the child, the court will not approve of you getting custody.
2. Non-parent custody. This is also known as “in loco parentis” which translates to “in place of the parents.” Using this method, you would file with the court where the child resides rather than where you reside. With the help of a child custody lawyer from our firm, you can detail why you are petitioning for custody. The court will also notify the child’s biological parents and any other guardians or known interested parties of your intent. You will have to make additional statements, the details of which can be explained by your child custody lawyer.
We Can Help
At Hildebrand Law, our lawyers’ familiarity and experience handling complex child custody cases has enabled us to help many families over the years. We encourage you to call our office today and schedule a free consult with a child custody lawyer who can discuss your legal needs.
Thank you to our authors at Hildebrand Law for the above information on child custody.
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What To Do If You're Denied Child Custody
If you were recently denied custody of your children, you probably feel pretty devastated and at a loss of what to do. You love your kids and can’t bear the thought of being without them. However, it’s important to keep your emotions in check and take the necessary steps to improve your chances of getting custody back. Here is some advice on what to do if the judge denies you custody of your children:
Listen to the Judge’s Recommendations
If two parents can’t come up with custody arrangement on their own, it’s up to a judge to make the decision for them. A judge will look at several factors before determining who should get full custody, such as each parent’s living situation, each parent’s mental and physical health and whether or not each parent had a good relationship with the children in the past. If the judge believes you are struggling in at least one of these areas, he or she will give you advice about how you can improve your situation. For example, if you have struggled with alcohol addiction in the past, the judge may recommend going into rehab. Follow the judge’s suggestions to show that you will do what it takes to improve your situation and regain custody of your kids.
Don’t Miss Visitations With Your Children
Even if you are denied fully custody, the judge may likely grant you visitation rights with your children. It’s important to spend as much time with your children as the court allows. If the judge sees that you are making the effort to be with your kids, they may realize that you are serious about wanting to play an active role in their lives. Don’t cancel visits with your children unless it’s absolutely necessary and avoid being late picking them up.
Continue to Pay Child Support
If the judge has ordered you to pay child support, you should make your payments on time every month. If you pay late or miss your payments completely, the other parent may inform the judge, and that can jeopardize your case. If you are having trouble making your current payments, talk to a family lawyer. He or she may be able to help you modify your child support payments.
Hire a Family Lawyer
If your goal is to regain custody of your children, you should consider hiring an experienced child custody attorney Phoenix AZ residents trust. He or she should know the ins and outs of child custody proceedings and have the skills to help you fight for your custodial rights. During your initial consultation with a lawyer, be prepared to answer several different questions about your case, such as how often you see your children now and why you were denied full custody.
Schedule a consultation with a family lawyer to discuss your case in detail. Many family lawyers offer free initial consultations, so you do not have anything to lose by setting up a meeting with one.
Thank you to our authors at Hildebrand Law for the above information.
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Collecting Child Support
Making the decision to divorce your spouse and going through the legal process is far from a simple process. When there are young children involved, the process can be more emotionally charged and complex. Speaking with the court about child support and visitation schedules can be a long and drawn out process. It can take time for the primary parent to receive child support depending on how contentious the situation is. Taking care of a child is a huge financial expense. Often the custodial parent relies heavily on the child support payments to help pay for things needed to care for the child. This could include items such as:
Extracurricular activities (programs such as dance, soccer, summer camps, and field trips)
Medical expenses (like doctor visits and prescriptions)
Food and clothing
Mortgage and other expenses (like primary caregiver’s rent)
When Child Support is Ordered by the Court
There are numerous ways that one can obtain child support for their child in the event that the non-custodial parent does not pay. At times it may be necessary to have law enforcement step in for assistance. Often times, the Department of Child Services can step in to help ensure that you are paid the money owed. However, the agency may vary depending on the state that you live in. There are a number of steps that can be taken for collecting child support:
Wage Garnishment: When the non-custodial parent is employed, automatic wage garnishment can take place. This is proven to be difficult if the parent is unemployed, self employed or often changes employers.
Tax Refund: Family lawyers Phoenix AZ residents trust can help to advise you around ways to collect child support through a tax refund. You may be able to have their tax refund paid to you directly if the obligated parent is not paying child support.
Jail Time: The non-custodial parent could face time in jail if they do not pay the child support they have been court ordered to provide.
Contact an Attorney
It is important for the divorce to have as little impact on the child as possible. When the decision is made to no longer remain in a relationship together, the child should not have to give up the essentials or activities they like to participate in. The idea is to maintain for your child all other aspects of the life they participated in prior to the divorce. At times, the custodial parent may be challenged when the other parent is not paying child support. This could have a great impact on the parent’s ability to be able to provide for the child. Consulting with a family law attorney can help you obtain the child support payments you need.
Thank you to our authors at Hildebrand Law for the above information.
#family law attorney#Hildebrand Law#child support#Family lawyers Phoenix AZ#Collecting Child Support
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Disinheriting Loved Ones from Your Will
People decide to disinherit certain family members from their will for one reason or another. Some may have had a falling out with one of their children or believe or believe certain family members don’t really need the money. However, removing someone from your will can get tricky, so it is important to proceed with caution.
Spouses and Minor Children
There are certain protections for spouses and minor children when it comes to wills. They are entitled to receive certain assets under the law and the courts will ensure that they do so. For example, your spouse is entitled to the house if you should die before him or her. If you try to leave your home to another family member, your spouse can waive the will and receive the house.
Adult Children
It might sound cruel to disinherit an adult child from a will, but it occurs more often than you think. For example, if a parent and a child haven’t spoken for years over differences, that parent might decide to leave that child of the will. A parent may also decide to leave an adult child out of a will if he or she is financially well-off.
No matter what the reason, it’s important for parents to be gentle with the wording when disinheriting the child. Parents who use vicious language can truly hurt their child’s feelings and stick in their mind for a long time.
It’s also mistake to disinherit a child by leaving his or her name out completely. A judge may assume you left your child’s name out by accident and decide to give him or her your assets.
Parents
If your parents are still alive when you draft your will, know that they aren’t entitled to any of your assets. However, if you don’t have a spouse or kids and die before your parents, your estate will most likely go to your parents. If you don’t want your parents in your will, you should then specify which family members you want to inherit your assets.
Other Relatives
You aren’t required by law to leave your assets to siblings, cousins, aunts or uncles. However, if you don’t have a spouse, children or parents by the time you die, your closest relatives will inherit your estate. If you don’t want certain family members to receive your estate, you should write that in your will.
If you are thinking about disinheriting someone from your will, it may be in your best interest to talk to an estate planning attorney. He or she may ensure you do so accurately and answer all of your questions. In the event that you need a wills and trusts lawyer Scottsdale, AZ can trust, do not hesitate to contact one to make sure you are in the best position to tackle your case.
Thank you to Arizona Estate Planning Attorney for providing their insight and authoring this piece on estate planning.
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The Guardianship Process for Someone Over 18
A guardian is someone that is appointed by the courts to take care of the affairs of another person. Typically, when someone is over the age of eighteen, the law presumes they are able to handle their own affairs. However, if a person is disabled because of mental illness, developmental disability, physical incapacity, or mental deterioration, they may have a guardian appointed to make decisions on their behalf. Their disability must inhibit them from making responsible choices regarding their affairs. A guardian could also be appointed if due to gambling or excessive use of drugs has cause them to waste their estate and expose themselves or their family to suffering. In the event you need legal guidance, a Scottsdale AZ Guardianship Lawyer aims to help ensure your loved one’s needs are met
Guardianship Process
If someone is over eighteen years old, they will need to have a guardian appointed by the circuit court. A parent is no longer considered a guardian once their child turns eighteen. Before a court proceeding can begin, one needs to obtain a report that certifies the person is disabled and does indeed need to have a guardian. The form needs to be completed by a licensed physician and any additional professionals who have worked with the person with disabilities. Those who sign the form may also need to testify in court later in the trial. The report must directly describe the nature of the disability and how it affects their life, an analysis of the respondent’s physical, mental, and educational condition, the opinion of if guardianship is needed and why, as well as their recommended living arrangement.
Once the report has been studied by the courts, an official hearing will be held to make a final decision regarding guardianship. At the hearing, there may be witnesses called, specifically if the respondent contests needing a guardian.
How Does the Court Assess that a Person May Need Guardianship?
Simply because a person has a mental disability does not mean they automatically need a guardian. The basis of someone needing a guardian is that they are able to make decisions and then properly communicate their decisions. Just because someone makes incorrect or poor decisions periodically also does not mean they need a guardian. Someone needs a guardian if they are unable to engage in the process of decision making. These are some questions to consider when wondering if a person needs guardianship:
Do they understand that a decision must be made?
Do they understand the multiple options available when making a decision?
Do they understand potential consequences when making a decision?
Are they able to properly tell appropriate parties after they have made the decision?
Life-impacting decisions that someone is not able to make could be cause for having a guardian. For example, if someone is not able to make a decision about where to work, where to live, when to go to a doctor, how to care for their dependent, or how to purchase food, they may be in need of a guardian.
While you are able to seek for guardianship for a loved one without an attorney, having a skilled attorney on your side is extremely beneficial. It is a frustrating and trying time to take a loved one to court to give them the care they need. Our team understands this and wants to work with you to try and make this process as easy as possible.
Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on estate planning.
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Consulting with a Living Will Lawyer
If you are considering taking the steps to formulate an estate plan, you may want to speak with a living will lawyer. We have been assisting clients with estate planning for years and recommend that all clients include a living will document with the rest of their end of life directives.
What Is a Living Will?
Unlike a last will and testament, which addresses what should be done with an individual’s assets and property when they die, a living will is a document which details what your wishes are concerning any medical procedures you agree to in the event you suffer a medical event that leaves you in critical condition and unable to articulate those wishes. A living will is also sometimes referred to as an advanced directive.
A living will can specify what types of extraordinary treatment measures – if any – you would agree to in order to sustain your life if there is no chance for recovery. An individual may include in their living will that they consent to palliative care (care which will alleviate pain and suffering) but they do not consent to extraordinary measures (i.e. respirator or CPR) under certain medical circumstances.
Since each state have their own statutes regarding living wills and other estate planning issues, it is likely in your best interest to retain the services of a living will lawyer to assist in drafting this document in order to guarantee it meets all legal criteria according to the law in order to ensure its validity.
It is important for clients to realize they can revoke or change their living will at any time. A living will takes effect when it is determined that the individual no longer has the ability to communicate with their medical care team what their treatment wishes are, although physicians do prefer to base medical treatment with personal communication with their patients as long as physically possible for the patient.
When your living will lawyer drafts your living will, he or she can also draft a durable power of attorney (DPOA). A DPOA name the person you want to carry out your end-of-life treatment that you have expressed in your living will.
Let a Living Will Attorney Assist You with End of Life Planning
No one wants to think about the day that will inevitably come for all of us when we are no longer here for our families, but by not planning ahead, there is a large risk that our wishes will not be honored if those wishes are not legally written down somewhere. By having your wishes legally documented, you also take the burden off of loved ones in making these critical decisions on whether you would or would not want extraordinary measures. In the event that you need a wills and trusts lawyer Scottsdale, AZ relies on, do not hesitate to contact one to make sure you are in the best position to tackle your case.
Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on estate planning.
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What is the Difference between Separation and Divorce?
Sometimes couples want to test the waters of living apart before legally getting a divorce. In fact, some states mandate that before you can get a divorce you have to go through a waiting period of up to one year. During that time you live apart but the components of marriage, such as health care benefits, liabilities, debt, and property rights remain the same. In some states, the legal separation can then be the grounds for divorce. During the separation, you and your spouse try to resolve any conditions and this becomes he separation agreement. Then after the state mandated amount of time, that agreement becomes the divorce decree.
Legal separation may be a viable option for couples because it lets them resolve financial or personal situations that directly affect the marriage.
What are the Differences between Divorce and Legal Separation?
There are several differences between a divorce and a separation. The biggest difference is that you remain legally married when you are separated. When you get divorced, the marriage ends. Here are some other differences:
If you are legally separated, you keep your marital status and cannot remarry. You are able to remarry after a divorce.
Health Care, Social Security benefits are retained during a legal separation. These benefits may be terminated after a divorce is final.
Next-of-kin is still your spouse when it comes to making financial and medical decisions on behalf of the other. Divorced spouses are no longer considered to be next of kin.
The legal rights to property is still in tact when legally separated. A divorce ends these rights.
The spouse is still responsible for any debts or liabilities. During divorce proceedings, debts are discussed and resolved.
Reconciliation is a lot easier when there is a legal separation. You cannot undo a divorce. If you wished to get back together, you would have to remarry.
How is a Legal Separation and Divorce Similar?
There are similarities between divorce proceedings and the proceedings for a legal separation. The court decides the following for a legal separation:
Child visitation
Custody
Division of Property during divorce and legal separation are usually decided by the particular situation of the couple and its relationship to the property
Why Would Someone Choose Legal Separation over Divorce over the Long Term?
Sometimes, couples choose legal separation because of their religious beliefs, or because of the children they want to keep the family together legally. If you are legally separated, you are not able to remarry because you’re technically not divorced. This is perfectly okay for some people who may choose to live like this for many years. If the couple desires to do this in order to retain health care benefits, it is important to check with the insurance provider to make sure the company doesn’t consider a legal separation the same thing as a divorce as a reason to terminate the benefits. You should always discuss your case with family lawyers Phoenix AZ to help resolve any questions or concerns you have when deciding between separation and divorce.
Thank you to Hildebrand Law for providing insight on the difference between a divorce and separation.
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Planning for the holiday custody and visitation schedules
The bright lights are lacing the houses; the stores are filled with festive decorations and fake snow. It is the holiday season. With company Christmas parties in full effect and having to clean the entire house because you are hosting your in laws for two weeks, the holiday season is a busy and hectic time for everyone. If you are an individual who shares visitation and custody with your ex, you may have some questions about how to plan your holiday so that you can spend them with your children. Ideally, the earlier that you plan who has the children for each holiday, the more at ease your mind will be. However, if you do not have a stable or healthy relationship with the other parent, you should not hesitate to ask the court for some assistance in figuring out who gets the children for which holiday. Holiday visitation schedules may already be in your court arrangement, but if you would like to revise them or if the children are older and you would like to travel with them or change your traditions, try speaking with your ex before taking it to court. Many split families divide the holiday in half, where the children go with one parent for half the day and the other parent for the other half. Some split families even celebrate holidays on different days so that there is no fighting or dividing of the children. No matter the decision, it should always reflect the best interest of the children and not what the parents want. It should always be based on what will ensure that the children have the best holiday season that they can.
Via text, emails, or phone calls, you and your ex should decide who should have custody when. If there is any conflict, consider enlisting a mediator or co-parenting counselor to help break up the fighting before going to court. The mediator will make sure you both stay on track and that you are both keeping your children’s best interest at heart and at the root of your intentions. It is typical for one of the parents to be flexible and willing to change dates and holidays around, and for another to not provide any wiggle room. Having an unbiased party present to give advice and input when needed can benefit both parents and children. If you need legal advice while planning for holidays and visitation, do not hesitate to reach out to an experienced child custody attorney Phoenix AZ trusts.
Thank you to Hildebrand Law for providing insight on holiday custody and visitation schedules.
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Fighting for Custody While Battling Mental Illness
Some states have laws that are tough on parents with mental illness; it may be grounds for loss of custody arrangements or even complete loss of parental rights. Because of this fear, parents will often avoid treatment for their mental health condition because they are afraid that if the court finds out, they may lose a relationship with their children. Unfortunately, it is common for parents with mental illness to lose custody battles, and common for parents with severe conditions to lose their rights entirely. If you or a loved one needs legal advice, contact a child custody lawyer Phoenix AZ trusts to ensure that you are taking proper steps for custody.
Why is Loss of Custody Such a Common Outcome?
The main factors contributing to a judge’s decision to not allow custody are 1) whether there are other competent adults in the home; and 2) the severity of the parent’s mental illness. It is important to note that diagnosis of a mental illness alone is not enough to declare a parent unfit. However, some symptoms may be conflicting with parental duties such as disorientation, hallucinations, and side effects from medications used to treat the mental illness.
If a parent loses custody of their children, it has the potential that it will feed into their illness and worsen symptoms. This can make it difficult to get custody later on. The worse the illness presents itself, the least likely it will be for a judge to grant custody and visitation to a parent.
Legal Justification for Intervention
Although everyone has the right to bear and raise children, the government may intervene in cases of neglect or abuse. If there is proof of imminent danger or perceived danger to the children, then the authorities will step in. Children may be removed from their home if it is shown that the parent or parents cannot care and protect their children.
Keeping it Together
Struggling with a mental illness alone is highly stressful and the combination of that situation and a custody battle can cause a deep cut into family life. The stigma of mental illness and the lack of personalized services for families on welfare can make survival difficult. With support and services, however, it is possible for a family to thrive together.
What Can Be Done?
Advocating for legal assistance and education for parents is a start towards changing these outcomes. Bringing information about current treatments for mental illness to the legal system can help legal professionals understand more about mental illness and the parents who manage it. There is much to be done, but this is a start. If you are having trouble with the strain of your custody battle and find it difficult to manage symptoms, call a therapist for a consultation. It can be difficult to juggle mental illness with the stress of a court battle and a therapist may help relieve some stress, they may even be able to vouch for you in court and attest to your health should your ex spouse try to use your illness against you.
Brought to you by Hildebrand Law, providing insight on fighting for custody while battling mental illness.
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5 Agreements To Make Joint Custody After Divorce Work
You went through a divorce from your spouse and the court awarded you both joint custody, so now what? You and your former spouse must follow the visitation schedule created for you by the court. You both may be exhausted after the divorce, having gone through a tedious and painful process. Now that the divorce is complete, it is time to co-exist in the form of co-parenting. Here we have listed five agreements you both should uphold, in order to help make post divorce a smoother and optimistic transition for you and your children. If you ever need any legal advice, contact family lawyers Phoenix AZ.
#1 Do Not Speak Poorly About Your Ex
Bad mouthing your former spouse can be hurtful to your children. They probably at one time or another saw you both loving and happy together. So to hear you speak of their mother or father with distaste and anger can have a negative impact on your children. Your children will continue to love both parents regardless of if you are together or not, and can feel conflicted or resentful by hearing bad comments.
#2 Remember is it Not About You
The custody of your children is not personally about you, it is about your children and your role to provide them with the best life possible. After divorce, many parents focus on their own pains and aches, then forget about the ultimate goal of raising their children together. It can be difficult to remember that time spent with your children does not mean you have won over your former spouse. Whether you are happy with the arrangement or not, you must put your feeling towards your ex aside and share the responsibility of parenting as a unit.
#3 Be Realistic About Visitation Commitments
During a divorce proceeding, it is not uncommon for parents to try to gain as much visitation as possible due to feeling insecure or are worried about their relationship with their children. However, you do not want to state availability then are unable to uphold the days and times scheduled to you. This may not go over well with the court and may make you look unreliable. Even though it is well-intentioned, only commit to what you can realistically promise.
#4 A Bad Husband or Wife Does Not = A Bad Parent
Even if your ex was not a great husband or wife, do not assume he or she will be a bad parent. It is still very possible for your former spouse to be a wonderful, supportive and loving parent to your children. The marriage may not have worked in the end, but your children need continuous and positive contact with both parents to help them grow into confident and happy adults. Put the health and wellbeing of your children first. If it provides some relief, keep in mind that when your children are with their mother or father, they are probably with the only other person besides you who loves them more than anything else.
Thank you to our authors at Hildebrand Law for providing key insight for successful joint custody.
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Child Custody Options During a Divorce
During a divorce, the topic of child custody is eventually going to arise. Custody refers to where the children live, and who has the legal right to make important decisions about the welfare of the children. The court may decide to award both parents joint custody to share responsibilities, or award only one parent sole custody. Here we have answered some common questions about the different kinds of child custody and the factors behind the court’s decision. Contact child custody attorney Phoenix AZ if you have any specific questions that are not answered below.
What is physical custody?
Physical custody includes awarding the parent(s) a right to live with their children once the divorce is complete. This right can be split between both parents, where they share joint physical custody. However, the court may decide one parent is more suitable, and will grant him or her sole physical custody instead.
What is joint physical custody?
Many courts support and prefer to have both parents be awarded joint physical custody, to guarantee the children will be spending time with each parent. The court can decide upon a schedule that both parents are required to meet. A common schedule can include alternating months, weeks and chosen holidays for each parent. However, for divorces that include disputing parents who are high-conflict, joint physical custody may not be in the best case of the children.
What factors are considered when deciding custody?
When choosing which parent receives custody, the court may consider a variety of factors. The overall perspective is to choose based on what will be in the children’s best interest. Some of the main factors when deciding custody can include:
Preferences of the children
Mental and physical health of each parent
Stability of both home environments
Support and opportunity to see extended family members
Relationship with other members of the home
School and community
Age and gender of children
Evidence of abuse or harsh discipline
What are the pros of a sole physical custody arrangement?
The children will live with the parent awarded sole custody, while the non-custodial parent may have scheduled visitation. The pros of the children living permanently with one parent is it can be less stressful, particularly when it comes to going to school, developing friendships and participating in extracurricular activities.
What are the cons of sole physical custody for the non-custodial parent?
The non-custodial parent can feel less equal, compared to if he or she received joint physical custody. The non-custodial parent no longer lives with his or her children and may naturally feel like a visitor, 0r that the scheduled visitation time is watched over, putting a damper on quality bonding time.
Are there circumstances where the non-custodial parent does not get visitation?
Both parents must follow the visitation schedule created by the court. However, there are instances where the parent with sole custody or the children can refuse a visit from the non-custodial parent. This can be appropriate if there is a concern the children may be harmed, suffer abuse or neglect.
Thank you to our authors at Hildebrand Law for providing insight on Child Custody during a divorce.
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How to Co Parent with Your Ex Spouse
It is unfortunate to admit, but even the couples we perceive to be strong and happy can end their marriages. If the divorce is extremely emotional, you may never want to see or speak to your ex spouse ever again, but you will be forever linked if you have had children together. You both must swallow your feelings in order to provide a stable and healthy environment for your children, together. You may be uncomfortable at first, but coparenting in a healthy manner is the best thing for your children. Here are some tips to hopefully make it easier on the both of you.
Talk, Talk, and Talk Some More
After the divorce is finalized, you probably won’t continue to communicate through lawyers which means you will need to figure out how to keep lines open with each other. In more complicated situations, you may have a personal representative to facilitate communication, but it is best to figure out a way you can communicate about the children clearly and often.
Communication Between People Who Dislike Each Other
If you and your ex have a volatile relationship, technological communication can make things a bit easier. Texting and phone calls allow you to communicate without having to be physically present which could ease the stress, especially immediately after the divorce proceedings. The added benefit is a clear record of communication in case things get misunderstood or confused. However, you should eventually be open to face-to-face meetings for big decisions like schooling and disciplinary measures.
You may be uncomfortable, and that is understandable and you have a right to your feelings. However, in order to maintain a healthy childhood for your children will require you to put them aside when making decisions that affect them. Be sure that you don’t speak ill of each other in front of your children, either. That can be damaging for the children’s relationship to each parent and will surely cause problems between you and your ex spouse.
Remember, it is For the Kids
Unless your divorce is amicable and everyone is happy and cooperative (which rarely happens) then you will need time to adjust to the new arrangements for your family. You may have to work hard to communicate with each other and get the hang of it all, but you have to remember this struggle is worth it for stability for your children. Remind yourself of their benefit and how, even if you don’t get along, it is better to have both parents in the picture to support the children.
Finding Legal Assistance
Divorce can be emotional for everyone involved, and you may not be able to jump into coparenting right away. An experienced divorce or family law attorney such as the divorce attorney Phoenix AZ locals trust can make it easier on you by helping the both of you shape your custody arrangements before the divorce and help you mediate issues after the process has ended. Call a lawyer today to discuss your situation and determine if their services can help you and your ex spouse see eye-to-eye on the most important people in the world--your children.
Thanks to authors at The Hildebrand Law Office for their insight into Family Law.
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What Happens If I Stop Paying Alimony?
If you are ordered to pay alimony after you divorce your spouse, you are then legally obligated to fulfill that financial responsibility until further notice. If a judge tells you that you must pay a monthly stipend, you may be wondering what would happen if you stopped paying alimony. Because it is a legal obligation, there are many serious repercussions for those who do choose not to pay their alimony. Although it can feel unfair when you are ordered to pay your ex and do not feel like you should be, you should never stop paying your alimony purposefully because you most likely will be held in contempt of the court if your ex spouse decides to file a complaint with the judge. You could face jail time as a result of this, and incur huge fines that will cause you to pay even more than you would have been if you had paid the alimony. Some states even have laws allowing a judge to revoke your driver’s license if you choose to stop paying alimony purposefully because you are breaking the law.
If you appeal to the court and request modification of the original alimony ruling, you will need to provide good reason as to why you want a reduction in payments or a temporary halt. The judge who is appointed to rule on your modification of the original alimony ruling is not required to be the same judge who initially issued the ruling. This means that they may not be as familiar with all of the facts of your particular situation. This is why it is vital that you establish a strong case for reduced alimony obligations. If you have lost your job, experienced a decrease in income, or you are facing any form of financial hardship, you have options when it comes to paying alimony. You can appeal to the judge if you are facing unemployment or have been severely injured because these things make it legally permissible for alimony to be decreased or temporarily stopped. A family law attorney or practices divorce law such as the divorce attorney Phoenix AZ locals trust will be able to help reduce your alimony and appeal to a judge on your behalf. Your family law attorney can even request for the judge to reevaluate your case as a whole, and this could result in you paying less alimony until the required deadline.
Thanks to authors at The Hildebrand Law Office for their insight into Family Law.
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Same Sex Divorce
Because same sex marriage was illegal in every state for so long, same sex divorces were unheard of. Now that it is beginning to get legalized everywhere, same sex divorce is becoming more common. Some gay couples married illegally before it was legalized, so divorcing was difficult to do without a lot of questions and trouble surrounding it. If a gay couple legally married in a legalized state, but moved to another state that did not recognize same sex marriage as constitutional and legal, they were not allowed to get a divorce. Before the new ruling in 2015, gay couples were allowed to get divorced in the state that they married in, but a lot of problems arose from this. The majority of states require same sex couples establish long term residency before they are allowed to divorce in that state. In the event the couple moved states after they got married, they would be forced to move back to the state they were originally married in and had to re-establish their residency in order to be divorced. This is a lot of work for couples to relocate and rebuild their lives in order to ultimately divorce. Another common case was that same sex couples who decided to travel out of country or state to get married legally returned to their state and were refused a divorce because their state did not recognize their marriage as legal.
Ending a Domestic Partnership
If couples of the same sex form a civil union or domestic partnership instead of a legally recognized marriage, they will most likely face additional obstacles. State laws can vary on how they recognize domestic partnership and civil unions. Child custody can be very difficult when only one partner is the legal parent, because it does not matter to the state if the second parent is not the legal parent. Second parents usually have no legal rights or protection when it comes to their child, and cannot seek custody or visitation. Many courts, however, have begun to recognize second parents on as legal parents and base decisions on the nature of the relationships with those children. If both parents are legal parents, for example if the child was born into the marriage via invitrofertilzation or adoption, both parents are entitled to equal custody. If anything, child custody in same sex divorces are viewed as they are in straight divorces, where a court appointed judge will determine the child custody outcome that is in the child’s best interests.
Consult a Divorce Lawyer
If you are in a same sex marriage and are encountering problems in trying to divorce, you should contact a divorce lawyer such as the divorce attorney Phoenix AZ locals trust. Often times, divorce lawyers will offer you a free consultation so that you can know your options and be informed. Divorce attorneys can help make this difficult process as little of a burden as they possibly can.
Thanks to authors at The Hildebrand Law Office for their insight into Family Law.
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What Visitation Rights Do Grandparents Have?
After a couple’s divorce, everyone is affected. As grandparents, the divorce shouldn’t have to take you away from your grandchildren. You likely have visitation rights that will allow you to continue a relationship with your grandchildren. Often visitation rights are discussed when the child’s parents pass or if they are separated from their parents. Parents have the legal rights to make decisions affecting the lives of their children. However, some complications occur when discussing the visitation rights of other parties to their children. Sometimes the court must decide whether someone has rights to visitation and whether it will affect the wellbeing of the child in question. A grandparent must meet a few requirements in order to be awarded visitation by the court. The parents of the child and their marital status may affect that decision.
If the grandparents housed the child at any period of time, the marital status of the children’s parents may matter.
Marital status of child’s parents may matter in some states if the grandparents were denied visitation.
The grandparent may be awarded visitation or custody if the children’s parents die.
Adoption of Grandchildren
If the child is adopted after the loss or separation from their parents, a grandparent’s visitation rights will certainly be affected. All these scenarios vary by state regulations.
Biological grandparents may lose visitation if the child is adopted in the family.
If one grandparent adopts a grandchild, then another grandparents’ visitation may or my not be affected.
If the child is adopted outside of the family, a grandparent’s visitation will likely be affected.
Ruling Guidelines Considering Grandparent Visitation
The courts must consider many factors when discussing grandparents’ visitation rights. Of course, the most significant factor is the best interests of the child. There are some common issues regarding these visitation requirements.
Ability to provide love and affection
Ability of the child to act in their best interest.
How is the relationship between grandparent and grandchild?
Possibility of an abusive relationship and type of abuse.
If the parents and grandparents want visitation to be allowed.
The possibility of narcotic or alcohol abuse by parent and/or grandparent.
Geographical distance between all the parties: child, parent and grandparent.
If you want to further understand your rights as a grandparent, hire a family law attorney to make all the legal guides above more clear. If your visitation is allowed by your state of residence, you may have a lawyer, like child custody attorneys Phoenix AZ relies on, petition the court for your visitation rights.
Thanks to Hildebrand Law for their insight into visitation rights for grandparents.
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